India's Supreme Court is contemplating a significant shift to virtual-only proceedings as Delhi's hazardous air pollution levels take a toll on the judiciary's health and functioning. Chief Justice of India Surya Kant revealed his personal experience with the toxic air, highlighting the urgent need for protective measures.
CJI's Health Concerns Trigger Virtual Hearing Debate
Chief Justice Surya Kant shared his alarming personal encounter with Delhi's pollution during court proceedings on Wednesday. The CJI disclosed that he felt unwell after undertaking an hour-long walk the previous day, bringing the severe health impacts of the capital's air quality crisis into sharp focus within the highest judicial institution.
The revelation prompted senior advocates Rakesh Dwivedi and Kapil Sibal to voice concerns about older lawyers facing breathlessness and other health complications due to the polluted environment. They formally suggested transitioning court operations to virtual mode to protect vulnerable members of the legal community.
Court Takes Strict Action on Education Department Absence
The Supreme Court expressed strong disapproval of the Delhi government and its education department for failing to appear during a crucial hearing concerning economically disadvantaged students. The bench, comprising CJI Surya Kant and Justice Joymalya Bagchi, lamented the casual approach of authorities who remained unrepresented despite proper service of court notices.
The public interest litigation, filed by Wazirpur JJ Colony Association through advocate Shashank Singh, seeks directions for providing free devices with high-speed internet to Economically Weaker Section (EWS) students. This assistance would enable their participation in online classes during school closures triggered by severe air pollution.
Alarming Statistics on School Closures Due to Pollution
Advocate Shashank Singh presented disturbing data showing the escalating impact of air pollution on education. The number of days when physical classes in Delhi schools faced suspension due to poor air quality has dramatically increased from 13 days in 2023 to 52 days in 2025, representing a four-fold rise that significantly disrupts academic continuity.
The bench emphasized that proper adjudication of the matter requires appropriate assistance from the education directorate. Given the department's failure to come forward, the court has summoned the education secretary of Delhi to personally remain present in court on December 1.
The court has directed both the Delhi government and education department to file their detailed responses by the next hearing date. This strict approach underscores the judiciary's seriousness in addressing the educational rights of underprivileged students during environmental crises.
CJI Kant acknowledged the lawyers' pollution-related concerns and indicated that if bar associations submit a formal proposal regarding virtual hearings, the Supreme Court would seriously consider it and pass appropriate orders to safeguard the health of all court participants while maintaining judicial functionality.
