In a sharp rebuke to existing efforts to tackle air pollution, the Supreme Court on Wednesday described the measures adopted so far in Delhi-NCR as a “total failure”, pushing the Commission for Air Quality Management (CAQM) back to the drawing board. The court made it clear that piecemeal responses and seasonal firefighting will no longer suffice for a crisis that returns every winter with alarming predictability.
‘Short-Term Fixes Have Run Their Course’
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, underlined the urgent need for a comprehensive, long-term strategy. The judges stressed that temporary interventions cannot deliver sustained improvements in air quality.
“Whatever efforts were taken so far, they have failed. We have to think of long term,” the bench observed, adding that the current approach had exhausted its usefulness.
Annual Crisis Needs Structural Planning
The court noted that toxic air in Delhi and the National Capital Region has become an annual phenomenon, especially during winter months. This, it said, demands deep structural planning rather than reactive measures introduced once pollution levels spiral out of control.
Any durable solution, the bench emphasised, must be rolled out in phases and supported by coordinated action among neighbouring states.
No Relief on School Closures, But a Warning
While hearing a batch of petitions challenging measures such as school closures and hybrid classes, the Supreme Court declined to intervene. It acknowledged that such steps were meant to reduce immediate health risks, particularly for children, but cautioned that they were not substitutes for long-term solutions.
“These are temporary safeguards,” the court noted, reiterating that the real answer lies in systemic reform.
Court Orders Overhaul of CAQM’s Long-Term Plan
In its detailed order, the Supreme Court directed the CAQM to completely rework its long-term action plan. The focus, the court said, must shift to core structural issues such as urban mobility, cleaner industrial processes, energy consumption patterns and stubble burning.
The bench suggested incentivising farmers to stop burning crop residue and promoting alternative uses for it, signalling the need for solutions that are practical as well as economically viable.
Construction, Households and Green Cover Under Scanner
The court flagged gaps in the regulation of construction activities and stressed the need to provide alternative employment for workers when construction is halted due to pollution curbs. It also asked authorities to examine pollution generated from household activities and identify areas where green cover can be increased.
Improving public transport systems, strengthening citizen awareness programmes and encouraging voluntary behavioural changes were highlighted as key priorities. The CAQM was also given the freedom to identify other sectors requiring intervention.
Push for Unified Governance Across Delhi-NCR
Stressing that pollution control cannot work in isolation, the Supreme Court called for a coordinated approach involving Delhi, Uttar Pradesh, Haryana and Rajasthan. It even asked the CAQM to consider the feasibility of a single regulatory and administrative body for the entire Delhi-NCR to ensure accountability and uniform implementation.
Four Decades of Judicial Oversight
The court recalled that it has been monitoring air pollution in Delhi-NCR for nearly 40 years, beginning with a public interest litigation filed in 1985 by environmentalist MC Mehta. Over the decades, successive benches have ordered major interventions, including the conversion of Delhi’s public transport fleet to compressed natural gas (CNG), tighter industrial emission norms and restrictions on polluting vehicles. These efforts eventually led to the CAQM being granted statutory powers.
Welfare of Construction Workers a Key Concern
Addressing the plight of construction workers affected by stoppages under the Graded Response Action Plan (GRAP), the bench cautioned that welfare measures must genuinely reach those in need. It warned against benefits becoming mere accounting entries linked to Aadhaar.
The labour welfare department, the court said, must ensure that support reaches marginalised workers and is not misused or diluted in implementation.
Call for Alternative Employment Policies
Pointing to the recurring nature of construction bans, the Supreme Court urged states to frame policies offering alternative employment during prolonged suspensions.
“Suppose in 2026 construction work has to be stopped for a few months, why does not the state plan an alternative work option for them?” the bench remarked, highlighting the human cost of repeated shutdowns.
Court to Maintain Close Watch
Signalling continued scrutiny, the Supreme Court said it would hear the matter at least twice a month. The case is scheduled for January 6, when the CAQM is expected to place its revised long-term roadmap before the court.
As Delhi-NCR once again braces for another polluted winter, the message from the top court is unambiguous: without structural change and coordinated governance, the cycle of toxic air will remain unbroken.