In a significant development ahead of Diwali, the Supreme Court on Wednesday permitted the sale and bursting of green firecrackers in Delhi-NCR, citing concerns over the smuggling and use of more harmful, non-green varieties in the region. The court’s decision comes as air pollution levels in the National Capital Region continue to rise and as restrictions under the Graded Response Action Plan (GRAP) Stage I have already been imposed to combat worsening air quality.
The bench, comprising Chief Justice BR Gavai and Justice K Vinod Chandran, took a “balanced approach” while delivering the verdict, emphasizing that environmental protection must go hand-in-hand with cultural and festive traditions. The court’s direction allows citizens to celebrate Diwali with certain limitations, under strict monitoring by pollution control authorities.
Court’s Observations: Balancing Tradition and Environment
While reading out the operative part of the order, Chief Justice Gavai observed that the smuggling of banned crackersinto Delhi-NCR was causing greater harm than the regulated use of green crackers. “Crackers are being smuggled into Delhi-NCR and they cause more damage than green firecrackers,” Justice Gavai stated. The bench expressed concern that a complete ban was proving ineffective and that enforcing limited, controlled permissions might help reduce illegal activities while allowing citizens to celebrate responsibly.
The Supreme Court emphasized the need to strike a balance between environmental concerns and the right to celebrate festivals. “We have to take a balanced approach, permitting it in moderation while not compromising with the environment,” the CJI said. Accordingly, the court has allowed the sale and bursting of green firecrackers for a limited period—from October 18 to October 21—ahead of Diwali.
Green Crackers: What Are They and Why Are They Allowed?
Green firecrackers are designed to emit fewer pollutants, with reduced emissions of particulate matter, sulfur dioxide, and nitrogen oxide compared to traditional fireworks. Developed by the Council of Scientific and Industrial Research (CSIR), these crackers are meant to minimize the harmful effects of festive celebrations on air quality. However, the implementation and monitoring of green crackers have faced several challenges over the years, including issues related to manufacturing, certification, and misuse of the “green” label by unauthorized sellers.
The Supreme Court, in its latest order, reiterated that only green crackers with valid QR codes—which allow traceability of their manufacturing and authenticity—can be sold in Delhi-NCR. Manufacturers and sellers have been directed to ensure that all products comply with these requirements.
Directives to Pollution Control Boards and Enforcement Agencies
The bench has directed both the Central Pollution Control Board (CPCB) and the respective State Pollution Control Boards (SPCBs) of NCR states to closely monitor pollution levels during the Diwali period and submit detailed reports to the court. The monitoring is intended to assess the real-time impact of green cracker usage on air quality and determine whether such controlled permissions can be sustained in future years.
To curb the inflow of illegal firecrackers, the court ordered the formation of patrolling teams to conduct regular inspections of cracker manufacturing units, warehouses, and retail outlets. The order specifically mandates that no crackers from outside Delhi-NCR are to be sold within the region. Violations will result in the immediate suspension of seller licences, and authorities have been instructed to take swift punitive actions against offenders.
Furthermore, manufacturers are required to upload details and QR codes of all their approved green cracker varieties on designated websites for public verification. This is aimed at improving transparency and enabling both consumers and enforcement agencies to distinguish between genuine and counterfeit products.
Centre and Delhi Government’s Joint Request
The decision follows a joint request made by the Centre and the Delhi government seeking a partial relaxation of the existing ban on firecrackers. Representing the Union government and the NCR states, Solicitor General Tushar Mehtahad urged the court to allow the manufacture, sale, and bursting of green firecrackers on festive occasions such as Diwali, Guru Purab, and Christmas, without any restrictions on timing. He argued that since green crackers are designed to cause minimal harm to the environment, a complete prohibition would be unnecessarily harsh and counterproductive.
Earlier, on October 10, the apex court had reserved its order on petitions filed by manufacturers seeking permission to produce and sell green firecrackers in Delhi-NCR. The court has now decided to temporarily permit their use, emphasizing that this should be treated as a trial measure under strict supervision.
Background: Firecracker Ban and Legal Journey
The issue of firecracker bans in Delhi-NCR has a long legal history. In 2017, the Supreme Court had imposed a blanket ban on the sale of traditional firecrackers in the region, citing severe air pollution levels that tend to spike during the Diwali season. The court later allowed the use of green crackers, which were considered a compromise between environmental safety and cultural practices. However, enforcement of this distinction proved difficult in subsequent years, as illegal and highly polluting fireworks continued to flood the markets through smuggling and unauthorized production.
Each year, ahead of Diwali, the court revisits the issue to evaluate whether conditions warrant stricter measures or limited relaxations. The current decision marks a notable shift, as it acknowledges the failure of complete bans to eliminate illegal crackers and instead promotes a regulated framework to manage their use responsibly.
Pollution Situation in Delhi-NCR: GRAP Stage-I Activated
The Supreme Court’s decision coincides with the enforcement of Stage I of the Graded Response Action Plan (GRAP)across Delhi-NCR, following a spike in pollution levels. The Commission for Air Quality Management (CAQM), the central body tasked with coordinating pollution control in the region, issued directions on Tuesday for the immediate implementation of Stage I measures after the Air Quality Index (AQI) in Delhi reached 211, placing it in the “poor” category.
According to forecasts from the India Meteorological Department (IMD) and the Indian Institute of Tropical Meteorology (IITM), the AQI is expected to remain in the poor range in the coming days due to adverse weather conditions and low wind speeds. Under Stage I of GRAP, agencies are required to intensify mechanized road cleaning and water sprinkling, enforce bans on open waste burning, ensure proper management of construction debris, and promote public transport to minimize vehicular emissions.
These measures are preventive in nature, designed to curb further deterioration of air quality before it reaches more dangerous levels that would trigger Stage II or higher responses under the GRAP framework.
The Road Ahead: A Test for Policy and Enforcement
While the Supreme Court’s decision provides temporary relief for citizens and sellers ahead of Diwali, it also places significant responsibility on local authorities to ensure compliance. The court’s directive will serve as a litmus test for both enforcement agencies and environmental regulators to demonstrate whether controlled permission can coexist with pollution control goals.
Experts have pointed out that while green crackers may emit fewer pollutants than traditional ones, their widespread use could still contribute to poor air quality, especially when combined with seasonal factors like stubble burning, low temperatures, and stagnant wind conditions. Hence, strict monitoring and real-time data collection will be essential in evaluating the overall impact.
The Supreme Court’s order thus represents a pragmatic shift—from total prohibition to regulated allowance—reflecting the judiciary’s intent to find a middle path between environmental protection and the preservation of festive traditions. The detailed written order is awaited and will likely provide further clarity on the operational framework and compliance requirements.
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