‘What Magic Wand Can We Use?’: Supreme Court Flags Limits Of Judicial Power On Delhi Air Crisis

The Supreme Court says there is “no single reason” for Delhi’s toxic air, criticising the “ceremonial” response to pollution and urging expert-driven solutions.

Supreme Court Flags Limits Of Judicial Power On Delhi Air Crisis

Source : ANI

The Supreme Court on Thursday described Delhi’s worsening air pollution as a crisis that touches the life of every single resident. Yet, the court expressed disappointment over what it called the largely "ceremonial" approach to tackling the problem, where attention spikes briefly and then fades into inaction.

As the issue was mentioned before the apex court, the amicus curiae did not mince words, calling the city’s annual pollution spiral nothing short of a "health emergency." Responding to the plea, Chief Justice of India Surya Kant voiced the court’s own frustration.

"What magic wand does the judiciary have to use?" the Chief Justice asked pointedly. "What order can we pass today that will suddenly give clean air?"

A Complex Crisis With No Single Culprit

While acknowledging the urgency, the court underlined the sheer complexity of Delhi’s air pollution problem. The Bench made it clear that there is no single cause behind the toxic air and that multiple contributing factors are at play.

"We have identified that there is a problem," the court said, "but now we need to identify all the reasons behind it. There is no single reason for this crisis." The court stressed that only domain experts can unravel the layered causes and determine workable solutions. "If there are multiple reasons, then even the solutions have to come from experts," it added.

When the amicus highlighted that solutions already exist on paper but have failed to translate into real action, the court responded firmly. "No, we will take this up on a regular basis," it said. "Right now, it only gets ceremonially listed, mostly around Diwali, and then disappears from the calendar."

'We Are Also Breathing This Air': CJI’s Personal Experience

Striking a deeply personal note, Chief Justice Surya Kant reminded everyone that judges are not insulated from the air outside.

"Like any other resident, we are also facing this difficulty," he said, announcing that the court would hear the matter again on Monday. The remark carried added weight, as the CJI had earlier revealed that he felt unwell after going for his usual one-hour walk a day earlier due to the hazardous air quality in the Capital.

Currently, the Supreme Court continues to function in a hybrid mode, allowing both physical and virtual hearings.

Earlier Orders: Schools, GRAP, And Long-Term Solutions

This is not the first time the top court has stepped in. On November 19, the Supreme Court had asked the Commission for Air Quality Management (CAQM) to consider directing schools in the Delhi-NCR region to postpone open-air sports events scheduled for November and December to "safer months," given the dangerously high pollution levels.

However, the court had also declined to impose year-round restrictions under the Graded Response Action Plan (GRAP), an emergency framework that curtails polluting activities during extreme conditions. Instead, it reiterated the pressing need for long-term and sustainable solutions rather than temporary, reactive measures.

Delhi Tops Pollution Rankings In Satellite Analysis

The scale of the crisis is reflected in recent data as well. According to a satellite-based analysis, Delhi ranked as the most polluted among 33 states and Union Territories, recording an alarming annual mean PM 2.5 concentration of 101 micrograms per cubic metre.

This figure is 2.5 times higher than India’s national standard and nearly 20 times above the World Health Organization’s safe guideline, an unsettling indicator of prolonged health risks for millions.

As per the Central Pollution Control Board (CPCB) classification:

AQI 0–50 is considered good

51–100 is satisfactory

101–200 is moderate

201–300 is poor

301–400 is very poor

401–500 is classified as severe