3. Judicial Intervention in Delhi-NCR Air Quality Management (2026)

The Supreme Court of India, led by a three-judge Bench under Chief Justice Surya Kant, has intensified its oversight on the persistent air pollution crisis in the National Capital Region (NCR). The Court is currently examining a series of long-term structural recommendations aimed at decoupling industrial activity from coal consumption to ensure the \'Right to Clean Air\' for the citizens of the region. Key Highlights of the Judicial Proceedings • Industrial De-coalization: The Supreme Court has directed the Union Government to identify coaldependent industries and evaluate a phased plan to shift them outside the geographical limits of DelhiNCR. • Thermal Power Plant Moratorium: The Court is examining a significant proposal to bar the establishment of any new coal-based thermal power plants within a 300km radius of the national capital. • Multi-Ministry Accountability: Formal responses have been sought from the Ministries of Environment, Forest and Climate Change (MoEFCC), Power, and Petroleum to ensure a coordinated policy response rather than siloed efforts. • CAQM Recommendations: The Bench is acting upon the long-term measures mooted by the Commission for Air Quality Management (CAQM), focusing on abatement of industrial and vehicular emissions. • Stakeholder Inclusivity: The states of Uttar Pradesh, Haryana, and Rajasthan have been directed to issue public notices to invite suggestions and proposals from industries and other stakeholders before implementing shifts. • Holistic Pollution Control: Beyond industrial curbs, the court remains seized of the issue of stubble burning and has called for the implementation of sustainable agricultural practices across the NCR hinterland. Definitions of Key Terms • Aerosols/Particulate Matter (PM): Microscopic solids or liquid droplets suspended in air (PM2.5 and PM10) that can penetrate deep into the lungs and bloodstream. • Stubble Burning (Parali): The practice of setting fire to straw stubble that remains after harvesting grains like paddy, a major seasonal contributor to smog in North India. • Thermal Power Plant (TPP) Emission Norms: Standards set for the release of Sulfur Dioxide (SO2), Nitrogen Oxides (NOx), and Mercury from coal-burning units. • Smog: A type of intense air pollution; a portmanteau of \'smoke\' and \'fog,\' often exacerbated by temperature inversion during winters. Constitutional and Legal Provisions • Article 21: The Supreme Court has repeatedly interpreted the \'Right to Life\' to include the \'Right to a Healthy Environment\' and \'Clean Air.\' • Article 48A (DPSP): Directive to the State to protect and improve the environment and to safeguard the forests and wildlife. • Article 51A(g): Fundamental duty of every citizen to protect and improve the natural environment. • The CAQM Act, 2021: Established the Commission for Air Quality Management in NCR and Adjoining Areas for better coordination, research, and resolution of problems surrounding air quality. • Air (Prevention and Control of Pollution) Act, 1981: The primary legislation providing for the prevention, control, and abatement of air pollution. Additional Important Key Points • Graded Response Action Plan (GRAP): The emergency measures implemented in phases (Stage I to IV) based on the Air Quality Index (AQI) levels in Delhi.• National Clean Air Programme (NCAP): A long-term, time-bound national-level strategy to achieve 20% to 30% reduction in PM concentrations by 2024 (now updated for 2026 targets). • Flue Gas Desulphurization (FGD): A set of technologies used to remove sulfur dioxide from exhaust flue gases of fossil-fuel power plants, a key requirement for TPPs near NCR. Conclusion and UPSC Relevance The Supreme Court’s proactive stance highlights the failure of executive measures in achieving a permanent solution to air pollution. By suggesting the relocation of coal-based industries and a 300km buffer for power plants, the judiciary is pushing for \'Environmental Federalism\' where states must collaborate under central oversight. For the UPSC Civil Services Exam, this topic is critical for GS Paper II (Judicial Activism & Statutory Bodies) and GS Paper III (Environment & Pollution Control). Aspirants should focus on the conflict between industrial growth and environmental sustainability, the efficacy of the CAQM, and the legal challenges in enforcing emission norms across state borders.