Why cracker ban only in ‘elite’ Delhi, and not other parts of India: CJI asks

The Supreme Court on Friday (September 12, 2025) orally observed that the ban on firecrackers should not be confined to the national capital of Delhi, but people across the country have a right to pollution-free air.

“Therefore a policy should be crafted for the entire country. If firecrackers have to be banned, it has to be done for the entire country… Also the poor who are dependent on this industry have to be looked into,” Chief Justice of India B.R. Gavai observed.

The hearing heralds the approach of winter and festive occasions like Deepavali.

Chief Justice Gavai asked why citizens residing in other parts of the country and cities should not be accorded the same relief from air pollution as the “elite” of the national capital city.

“Just because this is the national capital city or the Supreme Court is situated in this area, it should have pollution-free air and not the other parts of India?” the Chief Justice asked.

Senior advocate Aparajita Singh, who is amicus curiae in the air pollution cases, replied the ‘elite’ have their own ways to counter air pollution.

“There is a misconception that air pollution is only a problem for the elite. It is actually the people on the streets who suffer. The construction labourers and the daily wagers…” Ms. Singh said.

The amicus curiae said the people in Delhi literally choke from the pollution. “Winters are impossible,” she said.

Chief Justice Gavai said the problem of pollution was a national one.

“I was in Amritsar last winter on Guru Purab day. I was told the pollution in Amritsar was worse than in Delhi… Whatever policy there is [to counter air pollution], it should be on a pan India basis. We cannot have special treatment for Delhi because the people in Delhi are elite citizens of this country,” the CJI remarked.

Senior advocate K. Parameshwar, appearing for firecracker industry, said their licences are being revoked due to an apex court confirmation of a complete ban on the sale, production and manufacture of firecrackers in Delhi and National Capital Regions (NCR) in April 2025. Some of these licences were valid till 2028.

The court had then found the ban “absolutely necessary” while dismissing applications by traders to reconsider the ban on crackers or even reduce the prohibition to three or four months a year.

The court had reasoned that restricting the ban to a few months would not serve any purpose as firecrackers would be stored throughout the year only to be sold and used during the ban period. It had put the onus on the manufacturers to scientifically improve the “so-called green crackers”.

“Only if it is shown that bursting of green crackers cause the bare minimum pollution is there a possibility of rethinking the ban imposed through earlier orders of this court,” the court had observed in April.

The court, on Friday sought a report from the Commission for Air Quality Management (CAQM) and listed the case after two weeks.