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Supreme Court reserves order on Delhi-NCR Diwali firecracker ban; says bans are routinely violated
The Supreme Court reserved its order on whether Delhi-NCR's Diwali firecracker ban stays or is relaxed. A bench led by Justice J.M. Sundaresh said such orders are issued every year and violated, and sought a report on enforcement and prosecutions. The Centre said a total ban is no complete solution.
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The Supreme Court on Thursday, 29 October, reserved its order on whether the ban on firecrackers in Delhi-NCR will continue or be relaxed this Diwali. A bench led by Justice J.M. Sundaresh said that it would pass a balanced order soon, taking into account religious sentiments, public health and the environment. During the hearing the court expressed displeasure over violations of the ban, and asked officials to report on the steps taken to enforce it and on prosecutions of violators. Diwali is on 8 November.
What the court said
Justice Sundaresh said that courts issue orders of this kind every year but that they are frequently violated, and he described the matter as becoming an academic exercise. The court suggested involving schools and well-known sports figures, such as Virat Kohli, in campaigns to make young people aware of the harm that firecrackers do. It said that Diwali is a festival of lights and should be celebrated in that spirit.
The court has not issued its order, and some early summaries of the hearing described it as a rejection of a total ban. The reports of the hearing show a discussion of options and no final direction, which is why the verdict was reserved.
The arguments
| Party | Position |
|---|---|
| Amicus curiae | Lab-tested green crackers may differ from those sold in markets; many have missing, non-functional or forged QR codes; green crackers emit less but still pollute, and any relaxation needs effective testing and enforcement first |
| Senior advocate Gopal Shankaranarayanan | Violations have continued for 11 years despite repeated orders; keep the ban at least for this Diwali and order a report on enforcement; cited barium-based crackers, QR code violations and online sales |
| Senior advocate J. Sai Deepak, for manufacturers | Opposed a total ban; it could increase illegal sales, Chinese crackers and unlicensed products; prefers regulation, with licences revoked for violations; no practical alternative to barium has been found worldwide |
| Additional Solicitor General Aishwarya Bhati | A total ban is not a complete solution; government discussions on barium-based crackers are not finished and more time is needed |
The amicus told the court that fine particles known as PM2.5 can reach the lungs and enter the bloodstream, that winter weather in Delhi traps pollutants near the ground, and that the capital's air quality dropped sharply around last Diwali after limited relaxations were allowed.
Delhi's air
Stage 1 of the Graded Response Action Plan is in force in Delhi-NCR. The Commission for Air Quality Management imposed it on 21 October, the day that Delhi's air quality index rose from 179 on 20 October to 244. The hearing also listed stubble burning and poor solid waste management as sources of pollution.
At a hearing on 30 September, a bench of Justices M.M. Sundresh and P.B. Varale ruled out a blanket ban and favoured fixed hours for bursting as a middle path. It remarked that a total ban affects festival sentiments directly, while fireworks all day and night cause distress to the elderly, the sick and children. The Additional Solicitor General proposed a limited relaxation for specified next-generation joined green crackers recommended by CSIR-NEERI, subject to licensing and noise limits of 125 dB(AI) and 145 dB(C) peak, and the court said it would decide after reviewing a report of the Central Pollution Control Board.
Last year, a bench headed by the then Chief Justice allowed the sale and bursting of green crackers in Delhi-NCR only in a narrow window around Diwali, between 18 and 21 October 2025.
For buyers, the amicus's warning about forged or missing QR codes is a practical one. Crackers sold as green are supposed to carry a QR code that can be scanned to check their certification, and a code that does not work is a reason not to buy. Residents should also remember that Stage 1 of the pollution action plan is already in force, and that the air is likely to worsen around Diwali if the weather stays still.
The order is expected before Diwali, and it could set hours, allow only certified green crackers or keep the ban. The reports do not give a date. Residents of Delhi-NCR and sellers will have to wait for the written order and follow the version issued by the court and the local authorities. If the court asks for an enforcement report, the next stage will be a closer look at licensing, the QR code system and online sales.
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