Pollution: Why Supreme Court slammed government

As Delhi's air quality deteriorated to the 'severe plus' classification on Monday, with the city registering an Air Quality Index (AQI) between 1,300 and 1,600, the authorities enacted pollution control measures like prohibiting truck entry and halting construction activities on public projects, effective from the morning. The thick, toxic smog reduced visibility substantially in the capital during the early hours.

The Supreme Court has urged states to make a decisive move to suspend physical classes for all students up to the 12th grade. This recommendation comes in light of the Delhi government's recent decision to halt physical classes for all students, except those in Classes 10 and 12.

The court issued a stern admonition to the Delhi government and the Commission for Air Quality Management (CAQM) regarding their procrastination in enforcing the anti-pollution measures outlined in the Graded Response Action Plan (GRAP) [also known as the Graded Action Response Plan (GARP)] within the national capital.

The Air Quality Index (AQI) in Delhi escalated to 486 on Monday, representing the most severe level recorded this season and remaining in the severe plus category for the second consecutive day.

The CAQM has initiated stage 4 GRAP as of Monday, leading the Delhi government to suspend in-person classes for all students, except those in Class 10 and Class 12.

How CAQM executes GRAP

The CAQM has established a four-tier GRAP to address the issue of poor air quality in Delhi. The first tier, GRAP 1, is activated when the Air Quality Index (AQI) falls into the poor category. Measures under this tier include the periodic sprinkling of water on roads, a ban on open waste burning, and restrictions on the use of diesel generators. 

When the AQI exceeds 300, GRAP 2 is implemented. This stage involves daily water sprinkling on roads, ensuring an uninterrupted power supply to minimise generator usage, increasing parking fees to deter private vehicle use, and enhancing the services of CNG and electric buses as well as the Metro system.

The third tier, GRAP 3, is activated when the AQI surpasses 400. This stage includes a ban on polluting vehicles in Delhi and surrounding areas of the National Capital Region, and the government may consider transitioning primary education to online formats. Additionally, activities such as mining, stone-crushing, and construction or demolition are prohibited under this tier.

Currently, GRAP 4 is in effect when the AQI exceeds 450. This stage prohibits commercial vehicles registered outside of Delhi from entering the city unless they are electric vehicles, CNG-powered, or compliant with BS-VI emission standards. Furthermore, decisions may be made regarding the suspension of in-person classes for senior students as well.

Government failure in mitigation

A Supreme Court bench consisting of Justices Abhay S Oka and Augustine George Masih was reviewing a petition aimed at establishing measures to mitigate air pollution in Delhi and its neighbouring regions. The bench instructed the Delhi government to refrain from relaxing the GRAP IV regulations without prior approval from the court.

“Even if the AQI goes below 400, you will continue with Stage 4 measures. That’s the order we propose to pass,” the court said.

Senior advocate Gopal Sankaranarayanan, representing the petitioner, requested the court to issue directives for the suspension of physical classes for students in Class 10 and Class 12 as well. "The lungs of 10th and 12th students cannot be different than the other students... if a direction can be given to stop those physical classes as well," the advocate urged.

When the government's counsel noted that his client was hoping the AQI would dip, the court said, "Once it reaches, it has to be invoked... how can the applicability of stage 3 be delayed anyhow... how can you wait for three days?"

When the case went for hearing again later in the day, Justice Oka asked why the authorities waited for AQI to improve as per IMD predictions. "Instead of anticipating that AQI will cross (the 300 mark), the approach is that they will wait and see that AQI will go down. After 418, you waited for a day to bring in stage 3," the bench told the government.

In its order, the Supreme Court said that the sub-committee of CAQM had taken a "wrong approach" in executing GRAP 3 and GRAP 4 curbs. "The commission cannot wait for improvement in AQI. It should take steps in anticipation," the bench said, asking all states in the National Capital Region to enforce GRAP 4 restrictions and to set up committees to monitor their implementation and ensure strict compliance.

"We make it clear that till further orders of this court, implementation of stage 4 shall continue even if AQI falls below 450. All state and central governments to file compliance affidavit by Thursday," the court said.

Why the curbs won't be enough

Despite implementing the GRAP Stage IV restrictions in Delhi-NCR earlier in November 2024, pollution mitigation efforts have struggled due to several key challenges:

Where government can't help

1. Meteorological factors: Adverse weather conditions, such as dense fog and stagnant north-westerly winds, have exacerbated pollution by trapping particulate matter in the atmosphere. This has kept the Air Quality Index (AQI) in the "severe" category, with little room for natural dispersal of pollutants.

Where government could have improved things but didn't

2. Delayed response: This year, GRAP Stage III restrictions, such as bans on construction activities and vehicle use, were imposed later than in 2023, which some experts attribute to a more cautious policy approach. This delayed response may have allowed pollution levels to worsen before stringent measures were introduced.

3. Enforcement issues: Despite bans on high-dust activities, reports suggest gaps in the effective implementation of restrictions, including lax oversight of construction projects and inconsistent adherence to vehicle bans. Mechanised road sweeping and water sprinkling to curb dust have also been criticised as insufficient, given the scale of the issue.

4. Persistent emission sources: Vehicular emissions, industrial activities, and seasonal stubble burning in neighbouring states continue to contribute significantly to pollution. While stubble burning is an annual issue, its coordination with unfavourable weather conditions makes it particularly impactful during winter.

Although the CAQM and local governments have pushed for public transport use and sustainable practices, systemic enforcement and meteorological challenges have limited progress. For Delhi-NCR to achieve meaningful air quality improvements, experts suggest a combination of stricter enforcement, long-term policy adjustments, and regional collaboration on emission sources.