Supreme Court criticises CAQM & orders tougher air pollution Rules for Delhi-NCR

The Supreme Court has sharply criticised the Commission for Air Quality Management (CAQM) for its delayed response to escalating air pollution levels in Delhi-NCR. On Monday, a Bench of Justices A.S. Oka and Augustine George Masih directed the continuation of Stage IV restrictions under the Graded Response Action Plan (GRAP), even if the Air Quality Index (AQI) falls below the “severe-plus” 450 threshold.

The Graded Response Action Plan (GRAP)

GRAP, introduced in January 2017 by the Ministry of Environment, Forests, and Climate Change, is an emergency framework to combat rising pollution in Delhi-NCR. The plan categorises air quality into four stages:

• Stage I: Poor (AQI 201-300)
• Stage II: Very Poor (AQI 301-400)
• Stage III: Severe (AQI 401-450)
• Stage IV: Severe-plus (AQI >450)

Under GRAP Stage IV, stringent restrictions are implemented, including bans on non-essential truck traffic, suspension of construction activities, and the closure of schools and colleges, among other measures.

Supreme Court’s Criticism of CAQM

The apex court condemned the CAQM for failing to act proactively, highlighting that the commission waited for the air quality to improve instead of implementing preemptive measures. Justice Oka noted that despite AQI surpassing 400 on November 12, GRAP Stage III was enforced only on November 14. Similarly, CAQM delayed the activation of Stage IV until November 18, despite the AQI breaching 450 on November 13.

“The approach of the CAQM is completely wrong,” Justice Oka remarked, adding that the commission should have anticipated the worsening air quality instead of relying on hopeful projections.

Current Air Quality Situation

As of November 17, Delhi’s AQI reached a staggering 483, placing the city firmly in the “severe-plus” category. The toxic air has rendered outdoor activities hazardous, with an AQI of 994 reported inside a courtroom, prompting urgent intervention. The situation has led to widespread disruptions:

• Educational institutions: Physical classes are largely suspended, except for Classes 10 and 12 in Delhi, though the court has urged uniform closures across all NCR states.
• Vehicle restrictions: Diesel vehicles below BS-VI compliance are banned, affecting private cars and commercial freight alike. Penalties of up to ₹10,000 are being imposed for violations.
• Workplace adjustments: Authorities are considering a 50% work-from-home mandate for offices in NCR.

Impact and Criticism

While GRAP aims to curb pollution through systematic measures, experts argue that delayed implementation has rendered its effectiveness questionable. Stage I and II, which involve dust control and vehicle management, are designed to prevent air quality from deteriorating to “severe” levels. The CAQM’s failure to enforce these stages on time has exacerbated the crisis.

Role of Stubble Burning and Traffic

Amicus curiae Aparijita Singh revealed discrepancies in stubble-burning data, citing findings from a South Korean satellite that detected more incidents post-midnight, challenging claims of reduced farm fires. Meanwhile, vehicular emissions, accounting for 15.8% of Delhi’s pollution on Sunday, remain a significant contributor despite GRAP restrictions.

What Lies Ahead?

The Supreme Court has mandated all NCR states to form monitoring committees for strict enforcement of GRAP Stage IV. Furthermore, the CAQM has been instructed to explore additional measures under Stages III and IV, such as expanded work-from-home policies and further traffic restrictions.

Public Compliance and Recommendations

To mitigate personal exposure, residents are advised to:

• Limit outdoor activities, particularly for vulnerable groups.
• Use public transportation and carpooling to reduce vehicular emissions.
• Ensure vehicles comply with pollution standards and maintain updated Pollution Under Control (PUC) certificates.

A Wake-Up Call for Proactive Governance

The Supreme Court’s sharp rebuke highlights the urgent need for decisive, preemptive action to combat Delhi-NCR’s annual pollution crisis. As authorities scramble to enforce emergency measures, the question remains: how long can the region afford to rely on reactive governance in the face of a predictable, recurring disaster?