Supreme Court on Delhi Pollution: States Get Two Weeks to File Air Quality Compliance Affidavits Before Winter
The bench warned that chief secretaries would be summoned if emergency measures were not implemented before the winter.
Key points
- Delhi, Punjab, Haryana, Uttar Pradesh and Rajasthan must file compliance affidavits within two weeks.
- The affidavits must contain numbers — stubble-fire incidents, prosecutions, inspections and staffing — not assurances.
- Chief secretaries will be summoned in person if emergency measures are not in place before air quality turns severe.
NEW DELHI — The Supreme Court has given Delhi, Punjab, Haryana, Uttar Pradesh and Rajasthan two weeks to file affidavits setting out what they have actually done to prepare for the winter pollution season, warning that chief secretaries would be summoned in person if emergency measures were not in place before air quality crosses into the "severe" category.
The direction came in the air pollution proceedings the court has supervised since the 1980s under the M.C. Mehta litigation, with the Commission for Air Quality Management (CAQM) asked to collate the state responses and file its own status report on the readiness of the Graded Response Action Plan (GRAP).
"Every year we hear the same assurances. This year we want the numbers," the bench told the state counsel.
What the bench ordered
- Compliance affidavits in two weeks from each state, signed at the level of the chief secretary or principal secretary, setting out measures taken since the last hearing rather than measures proposed.
- Stubble burning data from Punjab, Haryana and Uttar Pradesh: fire counts by district, environmental compensation imposed and recovered, prosecutions launched, and the number of crop-residue machines actually deployed.
- Construction dust and road dust: sites inspected, stop-work notices issued, anti-smog guns and mechanical sweepers in operation, and the status of construction and demolition waste plants.
- Vehicles: pollution-under-control checks, action against overage diesel and petrol vehicles, and the plan for truck entry restrictions once Stage IV is invoked.
- Enforcement staffing: the number of officers and flying squads deployed for GRAP enforcement in each district of the NCR.
The matter is listed again in the first week of November, by which time the court expects the CAQM to have placed its consolidated report on record.
Right to clean air: the legal framework
The court's power to supervise the states rests on Article 21. In Subhash Kumar v. State of Bihar, (1991) 1 SCC 598, the court held that the right to life includes the right to pollution-free air and water, and it has applied that principle throughout the M.C. Mehta proceedings — the vehicular pollution orders of the 1990s, the conversion of Delhi's public transport to CNG, and the winter orders of recent years.
The statutory framework has three layers. The Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 give pollution control boards and the Union the power to set standards and issue directions. The Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 created the CAQM as a statutory body whose directions bind the governments of Delhi, Haryana, Uttar Pradesh, Rajasthan and Punjab. Section 14 of that Act makes contravention punishable with imprisonment of up to five years, a fine of up to one crore rupees, or both, and the Commission can impose environmental compensation, including on farmers for stubble burning.
What GRAP is, and when each stage applies
| Stage | Air quality | AQI band | Principal measures |
|---|---|---|---|
| I | Poor | 201–300 | Dust control at construction sites, enforcement against open burning, mechanised road sweeping. |
| II | Very poor | 301–400 | Restrictions on diesel generators, parking fee increases, augmented public transport. |
| III | Severe | 401–450 | Ban on non-essential construction and demolition, restrictions on older petrol and diesel vehicles, staggered office hours. |
| IV | Severe plus | Above 450 | Entry of trucks into Delhi restricted, work-from-home and school closure decisions, consideration of odd-even vehicle restrictions. |
In November 2024, the court directed that Stage IV measures continue even when the index dipped below 450 and pulled up the Commission and the state governments for delay in invoking them. This year's order shifts the focus from invocation to preparation: whether the machinery exists before the air turns.
Why the court intervenes every October
The pattern is meteorological before it is legal. After the monsoon withdraws, wind speeds fall and cooler air traps pollutants near the ground. Paddy harvesting in Punjab and Haryana coincides with Diwali, and the capital's own emissions — vehicles, construction, industry, waste burning — sit under a lid for three months. Counsel for the petitioners told the bench that the states' affidavits in previous years had listed committees formed and meetings held rather than fires prevented or sites shut, and asked the court to require measurable outputs.
Every year we hear the same assurances. This year we want the numbers.
The bench, to counsel for the states
What happens if the states do not comply
The court has personal attendance in its armoury and has used it before. If the affidavits are late or evasive, the bench said, it will summon the chief secretaries of the defaulting states to explain in person. Beyond that lie contempt proceedings and directions to the CAQM to act in place of a state agency that will not — powers the court has invoked sparingly but has never disclaimed.
What citizens can do
- Track the Air Quality Index for your area on the Central Pollution Control Board's Sameer app or website, which also lists the GRAP stage in force.
- Report open burning, construction dust and smoke-emitting vehicles to the state pollution control board or the Commission's complaint channels; Delhi residents can use the Green Delhi app.
- Keep a record of complaints. Repeated inaction by an agency can be placed before the Commission or raised in the pending proceedings through counsel.
- Follow health advisories: on severe days, limit outdoor exertion, use N95 masks outdoors and keep windows closed during the early morning peak.
What is GRAP?
The Graded Response Action Plan is a set of emergency measures for Delhi-NCR that escalate in four stages as the Air Quality Index worsens: Stage I (poor), Stage II (very poor), Stage III (severe) and Stage IV (severe plus, above 450). It is administered by the Commission for Air Quality Management.
Who enforces air quality rules in Delhi-NCR?
The CAQM, a statutory body under the CAQM Act, 2021, issues binding directions to the governments of Delhi, Haryana, Uttar Pradesh, Rajasthan and Punjab. State pollution control boards, municipal bodies and the police enforce them, under the Supreme Court's supervision in the M.C. Mehta proceedings.
Is clean air a fundamental right in India?
Yes. Since Subhash Kumar v. State of Bihar (1991), the Supreme Court has held that the right to life under Article 21 includes the right to pollution-free air and water.
What are the penalties for violating CAQM directions?
Section 14 of the CAQM Act, 2021 provides imprisonment of up to five years, a fine of up to one crore rupees, or both. The Commission can also impose environmental compensation.
The Counsel will report the state affidavits and the Commission's status report when they are filed. Businesses affected by GRAP restrictions, including construction firms and transporters, should take advice from a qualified lawyer on compliance and on the exemptions each stage provides.
Nandini Iyer
Nandini covers constitutional and criminal matters before the apex court.
This report is for general information only and does not constitute legal advice. Readers should consult a qualified lawyer about their own circumstances. Case citations are to The Counsel Reports (TCR) unless otherwise stated.