Supreme Court slams Delhi pollution measures as 'total failure', calls for pragmatic solutions, long-term reforms

In a critical hearing today on the escalating air pollution crisis in Delhi-NCR, the Supreme Court of India described the existing curbs and measures as a "total failure" in curbing the rising pollution levels, highlighting the chaos caused by traffic congestion at toll plazas and the need for immediate practical interventions. The bench is led by Chief Justice Surya Kant along with Justices Joymala Bagchi and Vipul M Pancholi.

The court urged authorities to suspend toll collections at Delhi's borders during peak winter months to alleviate traffic snarls that exacerbate pollution, questioning, "Why can't we go toll-free till January?" It specifically called for the temporary closure of nine toll plazas to reduce vehicular emissions from idling vehicles. This comes amid Delhi's air quality index (AQI) remaining in the 'severe' category, prompting the implementation of strict measures under the Graded Response Action Plan (GRAP), including construction bans and school closures.

The court also modified its earlier directive exempting vehicles above 10 years (diesel) and 15 years (petrol) from ‘coercive action’ because older vehicles are likely to have higher pollution. 

Key directives, observations

School closures, hybrid learning

The bench directed the Commission for Air Quality Management (CAQM) to review pleas against the suspension of in-person classes up to Class 5, which shifted to online mode due to hazardous air quality. Senior Advocate Menaka Guruswamy argued against the closures, emphasising the loss of mid-day meals for underprivileged children and questioning if home air quality was safer than schools. CJI Kant noted the challenges for working parents and stressed that courts cannot act as "super specialists," but suggested hybrid options to balance health and education.

Support for affected workers

The court instructed the Delhi government, led by Chief Minister Rekha Gupta, to verify and compensate construction workers idled by anti-pollution restrictions, including transferring ₹10,000 to their accounts as relief. It also mandated 50% work-from-home for government and private offices to cut emissions.

Long-term strategies

Expressing frustration over recurring pollution as an "annual feature," the CJI called on CAQM to develop comprehensive long-term plans. These include incentivising farmers to repurpose crop residue instead of stubble burning, transitioning to cleaner industries and energy sources, regulating construction with worker welfare in mind, expanding green cover, and launching citizen awareness campaigns to curb pollution-contributing activities. The court invited suggestions from stakeholders, warning against measures that favour affluent areas, such as selective water sprinkling in upscale neighbourhoods like South Delhi.

The hearing follows a plea listed specifically for December 17 amid worsening AQI levels. Delhi's pollution crisis has drawn widespread attention, with media outlets and experts criticising the lack of effective enforcement. The court emphasised pragmatic solutions over symbolic gestures, urging all parties to collaborate for sustainable improvements.

Environmental groups and residents welcomed the focus on long-term reforms but stressed the urgency of immediate action as winter smog continues to choke the capital. Further hearings may be scheduled based on CAQM's response to today's directives.