In a significant move with major implications for Delhi-NCR's air quality management, the Supreme Court of India has refined its stance on the controversial policy regarding "end-of-life" vehicles. The court has now clarified that its earlier order, which restrained authorities from taking punitive action against older vehicles, will apply only to those compliant with BS 4 or BS 6 emission norms, leaving millions of more polluting vehicles vulnerable to enforcement actions.
Court's Modified Order and Its Direct Impact
The bench, comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, issued this modified directive on Wednesday. The order came in response to an application filed by the Commission for Air Quality Management (CAQM). This modification effectively narrows the scope of the court's previous interim order from August 12, which was passed by a bench led by the then CJI B R Gavai.
The August order had broadly stated, "We direct that no coercive steps be taken against owners of vehicles on the ground that these are 10 years old (in case of diesel) and 15 years old (in case of petrol)." The latest clarification means this protection is no longer universal for all old vehicles.
Millions of Vehicles Now Face Action
The court's latest decision has a staggering numerical impact, directly affecting the fate of over 107 lakh (10.7 million) vehicles plying in the capital region. The breakdown of vehicles now excluded from the protective order is as follows:
- More than 14.7 lakh BS 1 compliant cars, three-wheelers, two-wheelers, buses, and goods carriers.
- Over 38.7 lakh BS 2 compliant vehicles.
- Another 53.7 lakh BS 3 compliant vehicles.
Presenting the government's stance, Additional Solicitor General Aishwarya Bhati argued that these older categories are significant polluters. She pointed out that BS 1, BS 2, and BS 3 vehicles have been on the roads for approximately 24 years, 20 years, and 15 years, respectively, and constitute a major source of the toxic air plaguing Delhi and the National Capital Region.
Implications for Delhi-NCR's Pollution Control
This judicial clarification marks a critical juncture in the long-standing battle against vehicular pollution in one of the world's most polluted megacities. By distinguishing between different generations of emission technology, the Supreme Court has aligned its order more closely with the scientific rationale behind phasing out older, dirtier vehicles.
The decision empowers the Delhi and NCR authorities to resume coercive action against non-compliant, highly polluting vehicles that fall under the BS 1, BS 2, and BS 3 categories. This move is expected to provide a legal backbone to enforcement drives aimed at taking these aging vehicles off the roads, a step considered essential by environmental experts for achieving tangible improvements in air quality.
The reprieve for BS 4 and BS 6 compliant vehicles, even if they cross the 10 or 15-year age mark, acknowledges the relatively cleaner technology they employ. This creates a two-tier system where the vehicle's emission standard, not just its age, becomes the primary criterion for regulatory action.
