Supreme Court says firecracker ban must be nationwide, not limited to Delhi

The Supreme Court on Friday said a firecracker ban cannot be restricted to Delhi-NCR alone, stressing that people across the country are equally entitled to breathe clean air. The bench headed by Chief Justice of India BR Gavai made the observation during a hearing on a plea linked to firecracker restrictions. The matter has been listed for further hearing on September 22.

Chief Justice Gavai referred to his visit to Amritsar last winter, where he said pollution levels were worse than in Delhi. He questioned why only residents of the capital were being considered when framing restrictions. "Just because the Supreme Court is in Delhi, it doesn't mean only Delhiites are entitled to clean air. If firecrackers are to be banned then they should be banned across the country," he remarked.

Justice AS Oka, sitting on the bench with Justice Ujjal Bhuyan, highlighted that prolonged high levels of pollution affect ordinary people the most, particularly those who work outdoors for their livelihood. He added that the right to health and the right to a pollution-free environment are both protected under the Constitution.

What the lawyers said in court?

Senior Advocate Aparajita Singh, assisting the court as amicus curiae, told the bench that Delhi's wealthier residents often escape pollution by leaving the city during the worst smog months. "Elites take care of themselves. They go out of Delhi when there's pollution," she said. Counsel for traders suggested an alternative approach, saying expert bodies such as the National Environmental Engineering Research Institute (NEERI) could help decide safer chemical compositions for crackers, instead of imposing a blanket ban. Responding to this, the court asked Additional Solicitor General Aishwarya Bhati to get a detailed report from the Commission for Air Quality Management (CAQM).

Previous orders on firecracker ban

Friday's observations come after a string of recent orders tightening restrictions on firecrackers. In December 2024, the Delhi government announced a year-round ban on their manufacture, sale, storage and use. In January this year, the Supreme Court extended that ban to cover NCR districts in Uttar Pradesh and Haryana. The Court confirmed the year-long ban in Delhi-NCR on April 3, 2025, by rejecting requests to loosen the regulations or exempt "green crackers."  A month later, it warned of contempt action for noncompliance and instructed NCR states to strictly enforce the order under the Environment (Protection) Act, 1986.

The latest remarks come just weeks before Diwali, when fireworks combine with stubble burning to push air quality in north India to hazardous levels. If the Court eventually rules in favour of a nationwide ban, states across India will be required to impose restrictions similar to those in NCR, with penalties for violations. The matter will now be taken up again on 22 September.