There will be a lot of firecrackers in Delhi-NCR on Diwali this year. The Supreme Court on Wednesday allowed the sale and bursting of green firecrackers in Delhi-NCR between October 18 and 20 – it had indicated it would do so on Friday, but issued the order on Wednesday and also explained the specifics – calling the decision a “balanced approach” aimed at reconciling the right to livelihood and the right to clean air.
While the sale of firecrackers has been allowed between October 18 and 20, the top court ordered, “The use of firecrackers will be limited to 6 am to 7 pm and 8 pm to 10 pm on the two days.” However, the court made it clear that the exemption was “on a test case basis” and subject to strict enforcement and environmental monitoring.
The court order signals a major shift from outright prohibition to conditional regulation, while also leaving open the question whether Delhi-NCR can actually have a green Diwali without graying the air. Of course, experts have explained that no cracker is truly green.
Delhi Chief Minister Rekha Gupta welcomed the decision, saying, “It not only respects public sentiment but also sends a powerful message of environmental responsibility.”
Issuing a detailed order on petitions moved by firecracker manufacturers seeking relaxation in the ban, a bench of Chief Justice of India (CJI) Bhushan R Gavai and Justice K Vinod Chandran said that “the objective is to balance the interests of the industry and the health of the general public, particularly the elderly, the sick and infants, on whom the debilitating effects of pollution will be more pronounced.”
The bench said that serious health hazards resulting from severe environmental pollution are against the right to life and the right to carry on any profession. He said bursting of firecrackers is also an “expression of the spirit of celebration inherent in the cultural milieu of India”.
Noting that a complete ban does not end the use of traditional firecrackers, which are often smuggled into the NCR and cause greater harm, the bench said it will have to take a “balanced approach, keeping in mind the conflicting interests and allowing celebrations in moderation while not compromising environmental concerns.”
In its order, the bench directed that only NEERI-approved green crackers, which are designed to emit 30% less particulate matter and harmful gases, will be allowed. The court directed that their sale would be allowed only through licensed traders at shops identified by district collectors and police chiefs. Barium and chain fireworks (commonly called Laris) will remain banned. The ban on online sale of firecrackers through platforms like Amazon or Flipkart will also continue.
The bench ordered that enforcement teams of police and officials of pollution control boards of Delhi, Haryana, Uttar Pradesh and Rajasthan be formed to ensure strict compliance. These teams will conduct inspections, seize unauthorized stocks and send random samples to the Petroleum and Explosives Safety Organization (PESO) for testing. Traders whose licenses had expired or been suspended last year can apply for temporary renewal to enable the sale of authorized green crackers during the four-day period.
Besides, the Central and State Pollution Control Boards were asked to monitor the Air Quality Index (AQI) of Delhi-NCR and submit reports on the quality of sand and water from areas where firecrackers are usually burst. Monitoring will be done till October 25 to assess the impact of the relaxations.
Wednesday’s order is based on last week’s hearing, when the court had said it was inclined to allow firecrackers during Diwali on a trial basis, while environmental experts and court-appointed amicus, senior lawyer Uttara Babbar, had cautioned that enforcement remained a challenge. At that time, Solicitor General Tushar Mehta, appearing for the Centre, had submitted a detailed proposal to allow the sale and bursting of firecrackers in Delhi-NCR, subject to conditions and regulatory oversight.
Issuing the directions on Wednesday, the bench said its judgment was aimed at striking a “delicate balance” between the right to celebrate festivals and the right to breathe clean air.
“Serious environmental pollution is resulting in serious health hazards, which is against the right to life and the right to carry on any profession,” the bench said and said the court has “prevented and suppressed any tendency” to lift the ban completely.
The court acknowledged that the governments of Delhi, Haryana, Uttar Pradesh and Rajasthan had sought limited relaxation during the festival season. It also said that despite repeated restrictions, there has been no significant improvement in air quality levels between 2018 and 2024, except during the pandemic period when air quality improved drastically due to lockdown restrictions.
Recalling its 2018 judgment in the Arjun Gopal case, which had introduced the concept of green crackers and allowed community fireworks, the court said these products have “significantly reduced emissions” over the last six years, with NEERI playing a key role in developing cleaner formulations.
While cautioning that the order should not be seen as a precedent for unrestricted gatherings, the court reiterated that “commercial considerations and the spirit of celebration must take a backseat when it comes to environment and health.”
The bench directed that the order be circulated among all the district collectors of NCR and said that the matter will be listed again after three weeks for further directions after the report of the pollution control officers is submitted.
The court’s decision comes barely six months after another bench led by Justice Abhay S Oka had confirmed the ban on firecrackers in Delhi, which was extended to NCR states in April, while emphasizing that there was no scope for relaxation unless green crackers caused “minimal” pollution. However, Wednesday’s order by the CJI-led bench underlined that it found it appropriate to follow the approach adopted by the court in its 2018 order, especially since the Central and Delhi governments have now sought relaxation in restrictions during the festival period.
Experts warned that authorities will have to implement all aspects of the Supreme Court order to end pollution.
Mukesh Khare, professor and air pollution expert at IIT Delhi, said that while the option of “green” firecrackers sounds good on paper, few people know about its diversity.
“People first need to be made aware of the difference between green crackers and conventional crackers. Most people will not care about the difference and thus, will not report non-green crackers. Overall, this is not an effective decision and such crackers – though slightly less polluting, will still lead to an increase in pollution.” Khare said.
Sunil Dahiya, founder and principal analyst at think-tank EnviroCatalysts, said legalizing the manufacturing and bursting of green crackers is effectively legalizing increased emissions during the festive period.
“Although each individual green cracker may produce 30% less pollution, this marginal benefit will be completely wiped out by bursting crackers in large quantities. The overall result is expected to be a net increase in emissions, which makes it an counterproductive measure. The only ray of hope for air quality is that Diwali falls earlier in October this year compared to previous years. Meteorological conditions during this period, such as better wind speeds, aid in the dispersion of pollutants. Can do.” Dahiya said.
Both the state’s ruling Bharatiya Janata Party (BJP) and the opposition Aam Aadmi Party (AAP) welcomed the order.
Chief Minister Gupta said, “Delhi’s air quality has improved compared to previous years and efforts to curb pollution are being continuously strengthened. All systems related to air quality monitoring, traffic management and enforcement will remain fully operational during Diwali to ensure a clean and safe environment.”
Senior AAP leader and former Delhi environment minister Gopal Rai said the government should ensure strict compliance with the court’s directions for the safety of residents.
Rai said, “In 2018, a similar permission was given for green crackers, but due to laxity by the police, the National Green Tribunal (NGT) was forced to impose a complete ban in 2020. Now that there is a four-engine BJP government in Delhi, we hope that it will strictly implement the Supreme Court orders on green crackers.”
