New Delhi: Chief Justice of India Surya Kant on Thursday acknowledged the Supreme Court’s limited powers in addressing Delhi-NCR’s worsening air crisis, remarking that the judiciary does not possess a “magic wand” to clear the toxic smog enveloping the region. The CJI, while agreeing to fast-track the matter, stressed that the court can no longer restrict itself to symbolic pre-winter hearings and must now examine the issue on a continuous basis.
The observations came during an urgent mentioning by senior advocate Aparajita Singh, who serves as amicus curiae in the long-running pollution litigation. She flagged the severe health emergency gripping the Capital and urged the court to advance the hearing. Responding to the request, a Bench led by the CJI and Justice Joymalya Bagchi scheduled the matter for December 1.
Chief Justice Kant cautioned against attributing Delhi’s pollution to a single factor. Without naming any particular source, he said the narrative oversimplifies a complex crisis shaped by numerous contributors. “People assume it is due to one reason. That is a misconception. There are multiple causes,
and neither the court nor the lawyers are experts,” he said, underlining that scientific bodies must lead the solution-building process.
The remarks mark a departure from the focus of earlier hearings, which often centred on stubble burning in neighbouring states. Singh reminded the court that it has handled pollution matters for nearly 25 years and has already overseen several plans, including the Graded Response Action Plan (GRAP), but implementation gaps persist.
The CJI expressed concern over this enforcement deficit. While acknowledging the court’s limitations, he said the judiciary cannot let the issue fade from the docket once winter ends. “This case comes before Deepavali and then disappears. That won’t happen now,” he said.
The hearing also revisited earlier directions issued by a Bench led by Justice B.R. Gavai, which had granted the Commission for Air Quality Management (CAQM) full freedom to impose stricter curbs, even beyond what GRAP mandates. The CAQM has proposed a range of measures, from advancing GRAP restrictions to revisiting EV policies and increasing environmental charges on high-emission diesel vehicles, to tackle the crisis in both the short and long term.