Delhi Air Quality Will Worsen After Diwali, Supreme Court Warns During Hearing
Delhi’s air pollution will deteriorate significantly once Diwali passes, the Supreme Court remarked on Wednesday during a hearing to schedule future matters, LiveLaw reported. Justice Vikram Nath noted that judges cannot avoid the toxic air by staying indoors, emphasizing that the physical demands of holding court require magistrates to face conditions that virtual advocates can escape.
The exchange occurred as Senior Advocate Indira Jaising requested the bench to list a matter after the Diwali vacation on November 17, while opposing counsel asked for an early-November date. Jaising noted that Diwali brings severe pollution regardless of the exact scheduling. Justice Nath agreed that post-Diwali conditions would be far worse, observing that the environment remains cleaner beforehand.
When Jaising pointed out that she was willing to brave the pollution to appear in person, Justice Nath highlighted the disparity in physical requirements. We can’t sit at home,
Justice Nath stated, adding that advocates enjoy the privilege of remote appearances while judges must attend court physically.
Graded Response Action Plan Triggers as Air Quality Slips
Delhi’s air quality has shown steady declines ahead of the winter festival season. The Commission for Air Quality Management (CAQM) invoked Stage I of the Graded Response Action Plan across the National Capital Region on October 21, 2026. The action followed daily average Air Quality Index readings hitting 244 at 2 pm and 245 at 4 pm, placing the air in the ‘poor’ category, according to LiveLaw. By October 27 at 4 pm, the 24-hour average AQI stood at 197, followed by a reading of 228 at 7 am the next morning.
These figures mirror historical trends recorded during previous festival cycles. Last year, Delhi’s 24-hour average AQI climbed from 268 on October 18 and 296 on October 19 to 345 on Diwali day, October 20. The index pushed higher to 351 on October 21 and 353 on October 22, locking the region into the ‘very poor’ bracket.
Judicial Scrutiny Over Firecracker Regulations and Enforcement
The Supreme Court maintains active oversight of Delhi-NCR air pollution, tackling sources that include vehicular emissions, industrial output, thermal power plants, construction dust, stubble burning, waste fires, and firecrackers. Judicial approaches to firecracker bans have shifted between benches over recent terms.
In the MC Mehta v. Union of India proceedings, a bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan pursued stringent restrictions through 2024 and 2025. Criticizing authorities for enforcement failures in November 2024, that bench noted that no religion encourages activities that compromise public health. The Delhi Government subsequently enforced a comprehensive ban on manufacture, storage, sale, and use, which the Court later extended to NCR districts in Uttar Pradesh and Haryana. In April 2025, the bench refused pleas to permit green crackers, holding that scientific evidence had not proven their pollution impact to be minimal.
A successor bench led by then Chief Justice BR Gavai relaxed those rules on October 15, 2025, permitting approved green crackers for limited windows on October 19 and 20. Ahead of this year’s festival, a bench of Justice MM Sundresh and Justice Augustine George Masih indicated in Arjun Gopal v. Union of India on September 30 that it would neither impose a total ban nor allow round-the-clock bursting, aiming to balance religious sentiments against public health.
Frequently Asked Questions About Delhi Pollution and Court Proceedings
When is Diwali scheduled for this year?
Diwali falls on November 8, 2026, with legal proceedings and air quality management measures ramping up across the National Capital Region in the weeks leading up to the date.
What specific dates did the Supreme Court set for its upcoming pollution hearings?
Senior Advocate Indira Jaising requested that the matter be listed after the Diwali vacation on November 17, while opposing counsel sought a date during the first week of November.
Which regulatory body oversees the Graded Response Action Plan in Delhi-NCR?
The Commission for Air Quality Management invoked Stage I of the Graded Response Action Plan on October 21, 2026, following rising AQI levels.
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