In a significant development, the Supreme Court of India on Friday (October 10) indicated that it may partially relax the absolute ban on firecrackers in the Delhi–NCR region, allowing the use of green crackers during Diwali. The Court reserved its verdict in the long-pending MC Mehta v. Union of India case concerning air pollution control in the National Capital Region.
A Bench comprising Chief Justice of India BR Gavai and Justice K. Vinod Chandran heard arguments on a batch of applications seeking relaxation of the April 3 order, which had imposed a year-long blanket ban on the manufacture, sale, and use of all types of firecrackers, including green ones.
“For the time being, we will permit lifting of the ban during Diwali,” the CJI orally remarked while reserving orders.
Solicitor General Seeks Limited Relaxation: “Let Children Celebrate”
Appearing for the Union of India, Solicitor General Tushar Mehta urged the Court to allow the use of green crackers and to lift time restrictions during Diwali celebrations.
“When we were children, it took us an hour to convince our parents to come out and let us burst crackers. Let children celebrate with fervour. There should not be strict timing restrictions — at least for a few days,” Mehta said.
The Solicitor General suggested that the relaxation could extend to Diwali, Christmas, New Year’s Eve, and Gurpurab, subject to strict regulatory supervision.
Proposed Guidelines for Green Crackers in NCR
The States of Delhi, NCR, and Haryana submitted a detailed framework for consideration:
1. Only NEERI-approved green crackers to be permitted.
2. Joint crackers or laris to remain banned.
3. Sale allowed only through licensed traders dealing in certified products.
4. E-commerce platforms (Amazon, Flipkart, etc.) prohibited from accepting online orders.
5. Bursting of crackers restricted to specific hours —
• Diwali/other festivals: 8 PM to 10 PM
• Christmas/New Year’s Eve: 11:55 PM to 12:30 AM
• Gurpurab: 4–5 AM and 9–10 PM
6. QR-coded packaging to ensure traceability and prevent counterfeit “green” products.
7. Regular inspections by PESO, NEERI, and State Pollution Control Boards.
8. Strict penalties, including license suspension, for unapproved manufacturing.
The CJI also noted that some communities celebrate Narak Chaturdashi in the morning and said festival-specific timing flexibility may need consideration.
Amicus Curiae Senior Advocate Aparajita Singh cautioned against the rampant sale of fake green crackers, stating that many still contained banned toxic chemicals like barium and lithium.
Justice Chandran suggested random sampling and chemical testing to identify violations, stressing that the industry and workers were also suffering due to the prolonged ban.
Court to Revisit 2018 Arjun Gopal Ruling
The Bench hinted at revisiting the 2018 judgment in Arjun Gopal v. Union of India, which allowed controlled use of green crackers under regulated conditions.
“We will revisit Arjun Gopal in light of the Union’s and the amicus’ suggestions to strike a proper balance,” the CJI remarked.
In Arjun Gopal, the Court had allowed only less-polluting green crackers, restricted bursting times, and mandated designated zones for celebrations.
The CJI inquired whether air quality had improved since 2018. The Solicitor General replied that AQI levels had remained stagnant, except during the COVID-19 lockdown period, when pollution levels temporarily dropped.
The Amicus Curiae proposed introducing a ‘Green Cess’ on polluting firecrackers to discourage their use.
Manufacturers Seek Permission Under Supervision
Senior Advocate K. Parameshwar, appearing for firecracker manufacturers, requested limited permission to manufacture and sell NEERI-certified green crackers under transparent regulatory oversight.
Counsel for manufacturers — including Senior Advocates J. Sai Deepak, Gopal Sankaranarayanan, and ASG Aishwarya Bhati — argued that the April 3 blanket ban contradicted the Arjun Gopal judgment, which permitted conditional use of eco-friendly crackers.
After hearing all parties, the Supreme Court reserved its verdict, indicating that it may issue a balanced order permitting limited use of certified green crackers during Diwali while maintaining safeguards against pollution.
Case Title: MC Mehta v. Union of India
Case No.: W.P. (C) No. 13029/1985
