Air pollution crisis: Supreme Court allows ban on older vehicles below BS-IV in Delhi-NCR

The Supreme Court on Wednesday modified its August 12 order, which had barred action against older vehicles, clarifying that action can now be taken against diesel vehicles more than 10 years old and petrol vehicles more than 15 years old that do not meet BS-IV emission standards.

A Bench led by Chief Justice of India Surya Kant, and comprising Justice Joymalya Bagchi and Justice Vipul Pancholi, passed the order after the Delhi government submitted that such vehicles significantly contribute to rising pollution levels and sought permission to act against them as part of efforts to tackle the air pollution crisis.

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Coming down heavily on authorities in Delhi-NCR over the deteriorating air quality, the Supreme Court also orally observed that the measures taken so far to reduce AQI levels are a “total failure.”

The Bench noted that any meaningful reduction in air pollution would require broader, long-term planning rather than ad-hoc responses.

The Court further observed that the measures taken by authorities, including the Delhi government’s directive to shut schools, were temporary policy decisions aimed at mitigating immediate health risks.

While hearing various petitions highlighting the inadequacy of current pollution-control measures, the Court, however, refused to interfere with the Delhi government’s decision to shut schools or adopt a hybrid mode of classes.

“The short-term measures are only to provide temporary protection to children and elderly persons. These are purely interim policy decisions. At best, they may be viewed as an extension of school vacations, as schools are anyway scheduled to remain closed for 10 to 15 days during the winter,” the Court stated.

The CJI-led Bench remarked that the air pollution crisis has become an annual feature and stressed the need for a long-term, sustainable plan to address the issue.

The Court directed the Commission for Air Quality Management (CAQM) to revisit its long-term measures to combat air pollution, evolve a comprehensive plan, and implement it in a phased manner.

Meanwhile, Delhi Environment Minister Manjinder Singh Sirsa said a survey is underway to identify illegal industries contributing to pollution in the capital.

“A major survey is underway in Delhi. We are conducting this survey through all District Magistrates, targeting illegal industries. We are also in touch with neighbouring states. We are ensuring that the AQI of the neighbouring states also improves to help reduce pollution in Delhi. We have already distributed 10,000 electric heaters to prevent biomass burning…” he said.