Supreme Court on Friday indicated it may reconsider its April 3 order that had imposed a complete ban on firecrackers in Delhi and the NCR. The court sought a report on the feasibility of permitting green crackers from the Commission for Air Quality Management (CAQM) and the National Environmental Engineering Research Institute (NEERI) by 22 September. It also restrained authorities from cancelling licences of manufacturers, saying that the issue required deeper examination.

A bench led by Chief Justice of India B R Gavai and Justice K Vinod Chandran questioned whether singling out Delhi and NCR was fair. The CJI asked pointedly if crackers were the primary source of pollution and whether bans should not apply equally across cities that face worse air quality than Delhi. He recalled a personal observation of Amritsar, saying that it seemed more polluted than the capital in winter.

Court Questions Blanket Ban

The observations came while hearing pleas by firecracker manufacturers who challenged the April order delivered by a bench led by Justice A S Oka. That bench had enforced a year-round ban on all firecrackers in Delhi and NCR, including so-called green crackers, unless proven to cause bare minimum pollution. Manufacturers argued that such a sweeping prohibition has placed the livelihood of lakhs of people at risk and crippled an entire industry.

The association of manufacturers, represented by senior advocate K Parameshwar, told the court they were willing to comply with any green standards laid down by expert bodies but sought relief from a perpetual ban. They also complained that authorities had already begun revoking licences on the basis of the April ruling. Taking note of this, the new bench directed status quo on all licence cancellations until further orders.

CJI Gavai remarked that environmental concerns needed to be weighed against the economic fallout for poor workers dependent on the firecracker trade. “Do the poor not suffer when they are rendered jobless by imposing a complete ban?” he asked, underscoring the dual nature of the crisis.

Pollution and Inequity Concerns

Amicus curiae Aparajita Singh pointed out that it was largely the poor living without air purifiers or protection who are worst affected by pollution. The elite, she argued, often have the means to shield themselves or temporarily move out of Delhi during particularly bad winters. The court acknowledged this but also emphasised that the livelihoods of these same sections must not be destroyed arbitrarily.

Additional Solicitor General Aishwarya Bhati informed the bench that both NEERI and CAQM were actively examining possible standards for green crackers. She assured the court that they would submit their recommendations by 22 September. The court directed that its next steps will depend on their findings.

At present, the manufacture and sale of crackers is already heavily regulated by previous Supreme Court rulings. Only green crackers are permitted, with strict bans on chemicals such as lithium, arsenic, antimony, lead and mercury. Manufacturers stressed that these checks already aim to balance environmental concerns with employment needs, and a total ban would only impose further hardship without clearly addressing other major sources of pollution.

Looking Ahead towards Diwali

The matter has gained significance with the festival season approaching. In past years, orders of the court barring the sale and bursting of crackers in Delhi have often met with mixed compliance, particularly during Diwali. The April 3 directive by Justice Oka’s bench had taken a stern view after its 2024 order banning crackers on Diwali was flouted in many parts of the region.

Now, the Supreme Court appears inclined to strike a balance by re-examining whether a region-specific, perpetual ban is justified in the larger environmental context. With the expert bodies expected to submit their reports by 22 September, the final decision could shape how Diwali 2025 is celebrated in Delhi and NCR, and whether livelihoods tied to the firecracker industry will see relief.

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