SC slams CAQM, says it made no effort to stop stubble burning
New Delhi: The Supreme Court, on Thursday, slammed the Commission for Air Quality Management (CAQM) for its failure to control stubble burning in the National Capital Region (NCR) and neighbouring states like Punjab and Haryana. Despite a clear directive from the court, the Commission has not taken sufficient action to curb the environmental hazard caused by burning agricultural residues, which is a major contributor to the region’s air pollution crisis.
During a hearing on Thursday, a three-judge bench consisting of Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih expressed disappointment in the CAQM’s lack of progress. The court highlighted that the Commission had only held meetings but failed to implement its directives at the grassroots level, particularly by not prosecuting any violators under the Environment Protection Act.
The bench also underscored that no substantial action had been taken by the state governments of Punjab and Haryana, aside from collecting nominal compensation from farmers found engaging in stubble burning. The court pointed out that from September 15 to 30, 2024, there were 129 reported cases of stubble burning in Punjab and 81 in Haryana, yet neither state has adequately enforced CAQM’s directives to curb these incidents.
A significant concern raised during the proceedings was the absence of air pollution experts on CAQM’s panel. The bench noted that the sub-committee responsible for safeguarding and enforcement, within CAQM, had been largely ineffective. In its last meeting on August 29, 2024, only five of its 11 members were present, and no substantive discussions about enforcing directives took place. The court signalled its intention to invoke Article 142 of the Constitution to appoint air pollution experts to the commission in an effort to bolster its expertise and enforcement capacity.
Despite CAQM’s failure to take action, the Commission attempted to defend itself. Additional Solicitor General Aishwarya Bhati, representing CAQM, informed the court that the body has issued 83 statutory directions and 15 advisories since its inception. Furthermore, a Special Enforcement Task Force (SETF) had been established to monitor compliance with these directions. The task force, supported by 40 inspection teams from the Central Pollution Control Board (CPCB), conducts regular, incognito checks to identify serious violations of air quality directives.
In a compliance report submitted to the court, CAQM detailed that its inspection teams had visited over 18,976 sites in the NCR to monitor compliance.
The report also revealed that the Commission had issued 1,099 closure orders to units found in gross violation of air quality norms. However, despite these measures, the apex court remained unconvinced that CAQM’s efforts were making a meaningful impact on the ground, particularly regarding stubble burning.
The court also took note of CAQM’s failure to address long-standing staff shortages, especially in key pollution control boards across NCR states like Delhi, Punjab, Haryana, Rajasthan, and Uttar Pradesh. These shortages have hampered the sub-committee’s ability to enforce pollution control measures. The Supreme Court has now directed the concerned state governments to urgently fill these vacancies, with a deadline of April 30, 2025.
One of the major points of discussion in the hearing was the financial support provided by the central government to tackle stubble burning. The court was informed that since 2018-19, the Centre has allocated Rs 1681.85 crore to Punjab and Rs 1081.71 crore to Haryana under the Crop Residue Management Scheme, which aims to assist farmers in managing their crop residues without resorting to burning.
However, the court noted that despite these financial resources, the state governments had not taken sufficient preventive measures. It directed both Punjab and Haryana to submit detailed affidavits within a week outlining their efforts to comply with CAQM’s directions and implement the necessary steps to prevent stubble burning.
While the CAQM highlighted its efforts to engage with state governments well before the 2024 paddy season, the court’s dissatisfaction centred on the fact that these engagements had not translated into effective ground-level action. The apex court, which had previously criticised CAQM for its slow response to the worsening air pollution crisis in Delhi and neighbouring areas, reiterated that the Commission must be more proactive in exercising its powers under the CAQM Act, 2021.
The case is scheduled for further hearing on October 16, and the Supreme Court has made it clear that stronger action is expected from both CAQM and the state governments involved. The court emphasised that without urgent and decisive steps, the NCR would face another season of hazardous air quality, particularly as winter approaches and stubble burning incidents increase.
