The Supreme Court on Friday (September 26) directed the Union Government to re-examine the absolute prohibition on the manufacture of firecrackers in the Delhi–National Capital Region (NCR) after conducting consultations with all relevant stakeholders.

Pending this review, the Court granted permission to certified manufacturers of green crackers—those holding valid approvals from the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO)—to continue production within NCR. However, the Court made it clear that these crackers cannot be sold in the region until further orders.

The bench, comprising Chief Justice of India B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria, passed the order in the long-running MC Mehta environmental matter. “In the meantime, we permit manufacturers certified by NEERI and PESO to undertake production of green crackers, subject to filing an undertaking that no sales will take place in prohibited areas,” the Court directed. The case will be taken up again on October 8.

During the proceedings, some parties argued that the April 3 order—extending the firecracker ban in Delhi-NCR throughout the year instead of limiting it to the winter months—was inconsistent with the 2018 ruling in Arjun Gopal v. Union of India. The bench, however, declined to delve into that issue for the moment.

The judges acknowledged that a blanket prohibition may not always be workable. Drawing a parallel, the bench noted how a total ban on mining in Bihar had unintentionally created illegal mining syndicates, underscoring the risks of over-regulation. “Experience shows that even with a complete ban, enforcement is weak. What is needed is a balanced approach,” the bench remarked.

Accordingly, the Court tasked Additional Solicitor General Aishwarya Bhati with conveying its directions to the Ministry of Environment, Forests, and Climate Change (MoEFCC), urging the Centre to develop a solution after consulting all stakeholders—including the Delhi government, manufacturers, and sellers.

Senior Advocate Aparajita Singh, serving as amicus curiae, pressed for a total ban not only on the sale and use but also on the manufacture of crackers in NCR. She cautioned that allowing manufacturing in the region would inevitably facilitate their sale in prohibited zones.

On the other hand, Senior Advocates Balbir Singh and K. Parameshwar, appearing for manufacturers, sought relaxation under strict regulatory oversight. They proposed mechanisms such as online declaration of quantities manufactured and full compliance with safety norms.

Chief Justice Gavai, voicing concern over the economic fallout, questioned why manufacturing could not be permitted under controlled conditions. “What is the problem in allowing production if norms are followed? Extreme directions can harm livelihoods. Let them manufacture, but bar the sale in NCR until further orders,” he observed. The CJI also pointed out that despite the ban, ground-level enforcement remained weak.

The Supreme Court’s latest stance indicates a move away from rigid prohibition towards a more nuanced policy balancing public health with livelihood concerns. The Centre has now been asked to frame a solution in consultation with all affected groups before the next hearing.