Supreme Court on Firecracker Ban 

1. News in Brief (Context)

• On 12 Sept 2025, the Supreme Court (CJI B.R. Gavai) orally observed that:

  • The ban on firecrackers should not be confined to Delhi/NCR; it should be a pan-India policy.

  • Citizens across the country have a right to pollution-free air (Article 21).

  • A balance is needed: protecting environment while considering livelihoods of poor workers in firecracker industry.

• The case comes before festive season (Deepavali) and onset of winter smog in north India.

• Court sought report from CAQM (Commission for Air Quality Management).

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2. Link with UPSC Syllabus

General Studies Paper II

• Governance: Role of Judiciary in policy-making

• Welfare schemes for vulnerable sections

• Environmental policies and interventions

General Studies Paper III

• Environment & Ecology: Pollution, Conservation

• Economic development vs environmental sustainability

• Science & Tech: Green technologies, Sustainable industries

Essay Paper

• Topics on “Environment vs Development”, “Judiciary’s role in environment protection”

Ethics (GS IV)

• Intergenerational equity, environmental ethics, balancing rights of poor workers with larger good

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3. Static Concepts & Background

• Right to Pollution-Free Environment:

  • Supreme Court has interpreted Article 21 (Right to Life) to include right to clean environment.

• Previous SC Interventions:

  • Arjun Gopal vs Union of India (2017) → SC restricted firecracker sales, promoted “green crackers.”

  • April 2025 → SC imposed complete ban on firecrackers in NCR, citing public health.

• Green Crackers: Developed by CSIR-NEERI, claimed to reduce emissions by ~30%, but efficacy questioned.

• CAQM (2020): Statutory body under Air Quality Management in NCR and adjoining states Act.

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4. Supreme Court Stance (2025)

• Pan-India Approach: Pollution is a national problem, not just Delhi’s.

• No Special Treatment: Why only Delhi should enjoy relief? Other cities like Amritsar also suffer.

• Livelihood Issue: Workers in firecracker industry must be considered.

• Implementation Challenge: States in NCR warned of contempt if they fail to comply.

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5. Issues Involved

✅ Arguments Supporting Ban

• Public Health: Firecrackers worsen respiratory issues, especially in winter smog.

• Environmental Justice: Poor & vulnerable suffer the most (construction workers, street dwellers).

• Legal Mandate: Article 21, Sustainable Development, Precautionary Principle.

❌ Arguments Against Ban

• Livelihood Concerns: Millions depend on firecracker industry (manufacturing hubs in Sivakasi, TN).

• Cultural Rights: Festivals like Diwali, Gurpurab, New Year linked with fireworks.

• Enforcement Issues: Black marketing, hoarding if ban is partial.

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6. Way Forward

• Pan-India Clear Policy balancing environment & livelihood.

• Promotion of Green Crackers (R&D + certification mechanism).

• Just Transition Policy: Skill development, alternate jobs for firecracker workers.

• Awareness Campaigns: Encourage community celebrations with lights, lasers, eco-friendly alternatives.

• Strengthening CAQM & SPCBs for strict monitoring.

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7. Previous Year UPSC Questions

GS III – Environment & Pollution

1. (UPSC CSE Mains 2022 – GS III): “Environmental pollution is a serious problem today. Discuss the causes, effects, and remedial measures of air pollution in India.”

2. (UPSC CSE Mains 2020 – GS III): “Describe the major outcomes of the UNFCCC Conference of Parties (COP 25). What are India’s commitments to tackle climate change?” (can link to air pollution & domestic steps like cracker ban)

3. (UPSC CSE Mains 2018 – GS III): “How does air pollution affect human health in India? What legislative measures have been taken by the Government?”

4. (UPSC CSE Prelims 2020): Consider the following statements regarding the National Clean Air Programme (NCAP)… (factual awareness about pollution control programs).