Supreme Court Demands Long-Term Action As Delhi Government Implements Strict Pollution Curbs As AQI Worsens

New Delhi: The Supreme Court of India on Wednesday declined to intervene in the Delhi government’s decision to close primary schools (Nursery to Class 5) due to "severe" air pollution. A bench led by Chief Justice of India (CJI) Surya Kant emphasised that with winter break scheduled to begin next week, there was no immediate reason to overturn the temporary closure intended to protect young children from polluted air.

The Supreme Court has also issued a notice to NHAI regarding traffic jams caused by tolls at the Delhi borders. The court asked NHAI to consider relocating McD’s nine toll booths to NHAI-operated sites, with a portion of toll revenue shared with McD to compensate for any temporary losses. The hearing, however, sparked an intense debate over the socio-economic divide created by pollution-induced lockdowns and the long-term survival of the city’s marginalised population.

The Schooling Debate

Senior Advocate Menaka Guruswamy, appearing for parents of underprivileged students, argued against the blanket closure of schools. She contended that for the poor, home environments are often no better than classrooms in terms of air quality. "When you are shutting down primary schools, you are shutting down mid-day meals," Guruswamy argued, noting that while wealthy parents can afford online classes and air purifiers, the children of labourers are losing both education and nutrition. She advocated for a hybrid option, allowing parents to choose between physical and online classes.

The CJI, however, expressed concern over the "implied discrimination" of a hybrid system. "Those who can afford will safeguard themselves and those who cannot will expose themselves," the Bench noted. Addressing the plea to reopen schools immediately, the CJI remarked, “Courts cannot become super-specialists here... Children's lives were at stake.”

The Court also turned its attention to the 2.5 lakh registered construction workers currently out of work due to the ban on building activities. The CJI directed the Labour Welfare Department to ensure that financial benefits actually reach the workers rather than being lost to exploitation. "Suppose in 2026 construction work has to be stopped for a few months, why does the State not plan an alternative work option for them?" the CJI questioned, urging the government to move toward sustainable welfare planning.

Expressing frustration that air pollution has become an "annual feature," the SC directed the Commission for Air Quality Management (CAQM) to move beyond emergency measures (GRAP) and revisit long-term strategies, which are listed below:

Agricultural Incentives: Creating a system to incentivise farmers to use stubble residue for commercial purposes rather than burning it.

Green Energy: Transitioning industries to cleaner energy sources.

Worker Protection: Developing a permanent welfare framework for labourers affected by seasonal bans.

Public Awareness: Launching citizen programs to encourage the voluntary reduction of activities that contribute to pollution.

The CJI concluded by stressing that measures must be equitable, rejecting a suggestion to deploy water sprinklers only in affluent areas such as South Delhi. "It should not look like those who can afford are doing it," the CJI stated, reaffirming that the battle against pollution must protect all citizens regardless of their economic status.

Delhi’s Environment Minister stated on Wednesday that residents should not expect immediate relief from the current air quality crisis, as the Air Quality Index (AQI) remains stuck in the "severe" category. Acknowledging that the situation may not improve significantly in the coming days, the Minister highlighted several proactive steps the government is taking to reduce the smog.

Key anti-pollution measures listed include:

Work-from-Home: Implementation of a 50% work-from-home policy for Delhi offices to cut down on road traffic.

Strict PUC Enforcement: A "No PUC, No Fuel" policy starting December 18, where petrol pumps will deny service to vehicles without a valid pollution certificate.

Construction Ban: A total ban on trucks carrying construction materials into the capital.

Vehicle Standards: An appeal to visitors to use only BS6-compliant vehicles to enter the city.

The Minister emphasised that while the government is making every effort to improve air quality, these restrictions are necessary given the severe environmental conditions.

SC Tightens Vehicle Curbs In Delhi

The Supreme Court of India on Wednesday modified its previous stance on vehicles. A bench led by Chief Justice Surya Kant ruled that authorities in the National Capital Region (NCR) are now permitted to take action against cars that fall below BS-IV (Bharat Stage 4) emission standards. 

The court revised its August 12, 2025, decision that protected all older vehicles, specifically 10-year-old diesel and 15-year-old petrol cars, from being seized. The protection has now been narrowed. Strict action is prohibited only for cars that meet BS-IV standards or newer. 

Following recommendations from the Commission for Air Quality Management (CAQM), the court clarified that vehicles with BS-III or older engines, which have significantly higher emission levels, are no longer exempt from enforcement. The CAQM and the Delhi government urged the court to revisit the earlier blanket protection, arguing that these older "end-of-life" vehicles were a major contributor to the "severe" smog currently choking the state.

By allowing the removal of BS-III and older models, the court aims to target the most polluting vehicles while protecting those that meet relatively more modern emission norms (BS-IV launched around 2010). 

BS-IV and Newer (BS-VI): Owners of these vehicles are safe from coercive steps, even if their vehicles have technically reached the 10/15-year age limit. 

BS-III and Older: These vehicles are now subject to immediate enforcement, including potential impounding, if found plying on Delhi-NCR roads.