Supreme Court Expresses Frustration Over Delhi's Air Quality Crisis
The Supreme Court of India made a startling admission on Thursday, stating that it doesn't possess a magic wand to instantly improve the dangerously poor air quality in Delhi and the National Capital Region. The court virtually acknowledged that despite decades of judicial activism, the results in combating toxic air have been minimal after initial successes.
Judicial Limitations and Implementation Failures
Senior advocate Aparajita Singh, who serves as amicus curiae in air pollution cases, presented a grim picture before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. She emphasized that pollution levels haven't shown any significant improvement primarily because authorities have failed to implement numerous past Supreme Court orders.
Singh urgently requested early listing of petitions addressing the air pollution crisis, which has escalated into a public health emergency across the region. Her concerns highlighted the critical gap between judicial directives and ground-level execution by responsible agencies.
CJI's Personal Experience and Realistic Approach
CJI Kant, who had previously shared his personal discomfort due to the toxic air, posed a fundamental question: "What magic wand does judiciary have to clear pollution?" He pointed out a practical challenge - by the time courts hear all parties and issue orders, favorable air flow conditions might naturally improve air quality, making judicial directions appear redundant.
The Chief Justice, who hails from an agricultural joint family in a Haryana village, specifically addressed the common blame placed on farm fires. He indicated that attributing air pollution primarily to agricultural burning represents an oversimplification of a complex problem with multiple contributing factors.
"The problem of air pollution is known to everyone. It's also known that there are a variety of reasons for this," Justice Kant observed, signaling the need for a more nuanced understanding of pollution sources.
Call for Scientific Solutions and Year-Round Action
The bench agreed to list the matter for hearing on Monday while emphasizing that only domain experts and scientists can properly identify the precise reasons for Delhi-NCR's air pollution and suggest appropriate remedial measures for each identified cause.
The court stressed that solutions must be long-term and comprehensive, moving beyond the current pattern of "ceremonial listing" of pollution matters only at winter's onset before Diwali. Instead, the bench advocated for year-round coordinated implementation by all concerned government authorities with continuous monitoring by the Supreme Court.
CJI Kant candidly admitted the limitations of the judicial system in tackling technical environmental issues, stating "Neither judges nor advocates are experts on this issue." However, he acknowledged the severe difficulties faced by Delhi-NCR residents due to persistent pollution.
Singh pointed to the Commission on Air Quality Management (CAQM) as the expert body capable of implementing Supreme Court orders effectively and providing much-needed relief to citizens suffering from hazardous air quality conditions.
