Delhi AQI: Chief Justice of India Surya Kant on Thursday underscored the limits of judicial intervention in tackling Delhi’s toxic air, stressing that expert-led, long-term solutions not courtroom orders are essential to reverse the capital’s recurring pollution crisis.
“We understand people are suffering across Delhi-NCR. But what magic wand does the judiciary have to permanently fix this? Can the air become clean just because we pass an order?” the CJI asked senior advocate Aparajita Singh, the amicus curiae assisting the court in the pollution case.
The CJI agreed to hear the matter on December 1, but firmly stated that the issue cannot surface only during winter and vanish once the smog lifts.
‘Pollution Hearings Cannot Be Seasonal’
Calling out the yearly pattern of reactive litigation, CJI Kant said the air pollution case had turned into a “ceremonial matter” that appears only around Diwali. He emphasized that the crisis demands regular monitoring and a structured approach rooted in scientific assessment.
Aparajita Singh informed the bench that the Commission for Air Quality Management (CAQM) had recommended several long- and short-term measures, but most remained “on paper”, delivering little on-ground improvement.
Justice Kant noted that while authorities have identified several causes over the years, a complete diagnosis is still missing. Only comprehensive inputs from environmental scientists, domain experts, and policy specialists can generate workable solutions, the bench observed.
“Neither we nor the lawyers are experts. Solutions must come from those who understand the science. The government must ensure proper committees are in place,” the CJI said.
Toxic Air Persists Despite Relaxation In Curbs
Delhi’s air showed no meaningful improvement on Thursday, remaining in the “very poor” category, barely hours after CAQM lifted Stage 3 GRAP restrictions. The city’s AQI stood at 355 at 9 am, far above safe limits, with forecasts offering little hope.
The relaxation raised concerns given that just a week ago, the Supreme Court had urged CAQM to adopt a more proactive posture and tighten measures rather than dilute them prematurely.
The court’s anxiety followed a day of severe pollution that even disrupted judicial functioning. On Wednesday, worsening air quality prompted senior lawyers to seek virtual hearings due to breathing difficulties, with the CJI himself revealing he had struggled with respiratory discomfort after a short evening walk.
Senior advocate Rakesh Dwivedi exited mid-hearing citing chest congestion, while Kapil Sibal warned that conditions were deteriorating annually and urged leniency for older lawyers.
Court Flags Delays, Seeks Accountability From Authorities
The bench of CJI Surya Kant and Justice Joymalya Bagchi was also hearing a plea highlighting the widening educational gap caused by repeated school closures and online classes during pollution spikes. The court expressed displeasure that despite notices issued in September, neither the Centre nor the Delhi government had filed responses. It directed the Delhi education secretary to appear.
This is not the first time the top court has raised alarm. On November 13, Justice P.S. Narasimha warned of potential permanent health damage, urging lawyers to avoid physical appearances.
Court has continued to monitor the issue for years, recently approving key changes to GRAP that push stricter measures to earlier AQI stages.
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