"No magic wand to clean Delhi air": CJI requests an expert-led long-term strategy

The CJI emphasized that episodic litigation cannot provide true remedy; only concerted, long-term institutional changes can.

Chief Justice of India (CJI) Surya Kant stated on Thursday that governments and subject matter experts must provide long-term solutions rather than court orders, adding that the judiciary does not have a "magic wand" to purge Delhi's poisonous air.

The CJI emphasized that only coordinated, long-term institutional measures—rather than sporadic litigation—can provide genuine relief to the millions of people in Delhi-NCR who are desperate for clean air, making a salient statement about the limitations of judicial power in resolving Delhi's air pollution crisis.

It is a problem that affects the entire Delhi-NCR. Indeed, there is pain among people. Tell us, however, what magic wand the judiciary needs to invent in order to permanently resolve this. Senior counsel Aparajita Singh, who has been supporting the top court as an amicus curiae in the protracted air pollution case, asked the CJI, "Can we pass orders and the air becomes cleaner?"

The CJI agreed to hear the case on December 1 in response to Singh's plea for an urgent listing, notwithstanding Singh's emphasis on the crisis's entrenched character and his insistence that it should now be handled on a regular basis rather than as a holiday legal ritual.

The issue of air pollution has also turned into a ceremonial one. The issue arises as Diwali draws near and then goes away as winter fades. We now need to hear it on a regular basis," he stated.

Singh told the bench that while the Commission for Air Quality Management (CAQM), the expert statutory body in charge of pollution control in the National Capital Region (NCR), had suggested a number of short-term and long-term measures, most of them were "on paper" and had not resulted in any real progress.

The CJI noted that while numerous causes of pollution have been found throughout time, a whole picture is still missing, and only professional evaluations rather than judicial presumptions may lead to practical solutions.

"Neither the lawyers nor we are specialists. Experts will need to provide solutions, Justice Kant stated, adding that the court hopes the government has established pertinent committees and anticipates domain-based proposals at the next hearing.

To the best of our knowledge, a few issues have been found. However, we must determine every cause. It has been occurring for more than one reason. The domain specialists are responsible for highlighting the causes, and they must also provide remedies. The CJI informed Singh that long-term measures would also need to be implemented.

The conversation took place on a day when Delhi's air quality was still classified as "very poor" despite a slight improvement following CAQM's Wednesday night revocation of Stage 3 limitations under the Graded Response Action Plan (GRAP). The average AQI was 355 at 9 a.m. on Thursday, which is significantly higher than the 300 threshold that indicates "very poor" air. The Supreme Court had instructed CAQM to adopt a more "proactive" posture and tighten restrictions rather than dropping them prematurely just a week prior, so the revocation created additional concerns as estimates showed no significant improvement ahead.

Concerns about the air's toxicity on Thursday came after relevant proceedings the day before, when pollution levels disrupted regular courtroom operations. The oppressive air in Delhi-NCR overshadowed several Supreme Court meetings on Wednesday. Senior attorneys requested online appearances because of chest congestion and health issues, while Chief Justice Kant shared his own experience with breathing difficulties following an evening walk.

Senior counsel Kapil Sibal, who cautioned that the situation was "getting worse every year" and requested accommodations for older lawyers, supported senior advocate Rakesh Dwivedi's sudden request for permission to leave mid-hearing due to respiratory difficulties.

A appeal concerning the growing educational gap for students compelled to take classes online during pollution situations was being heard by the bench, which was made up of CJI Kant and Justice Joymalya Bagchi. The Delhi education secretary was called by the bench, which expressed concern that neither the Delhi government nor the Center had responded to notifications sent in September.

The Supreme Court has previously recognized the gravity of the situation prior to Wednesday's session. On November 13, Justice PS Narasimha cautioned attorneys against making in-person appearances and warned of "permanent damage." For years, the court has been in charge of air pollution cases. It has issued directives on a regular basis, such as an order on November 19 that approved significant changes to GRAP that move strict measures to earlier AQI stages.