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Supreme Court Flags Limits of Judicial Power as Delhi-NCR Chokes on Toxic Air

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New Delhi: The Supreme Court on Thursday voiced strong concern over Delhi-NCR’s rapidly deteriorating air quality, observing that courts cannot offer instant remedies to a crisis driven by scientific and environmental complexities. The remarks came as a Bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, responded to an urgent mention on the region’s pollution emergency.

Senior advocate and amicus curiae Aparajita Singh sought immediate intervention, describing the smog-laden conditions as a public-health emergency. The Bench, while acknowledging the gravity of the situation, stressed that the judiciary’s role has limits. “What extraordinary power do you expect the court to exercise?” the CJI asked, noting that only experts with technical knowledge can devise effective, long-term solutions. He pointed out that attributing the problem to a single cause would be “a mistake,” given the multiple contributing factors at play.

Despite emphasizing these constraints, the court agreed to list the matter for detailed hearing on Monday, December 1. The Chief Justice added that the worsening pollution cannot be treated as a seasonal formality. “This isn’t something to be taken up ceremonially every Diwali. It requires continuous oversight,” he remarked.

Data from the Central Pollution Control Board’s bulletin on November 26 underscored the severity of the crisis: Delhi’s 24-hour average Air Quality Index stood at 327, placing it firmly in the “very poor” category. Under CPCB guidelines, AQI levels above 300 pose significant health risks, particularly to vulnerable groups.

The CJI also shared a personal account illustrating the daily struggle residents face. He said that even a routine outdoor walk left him feeling unwell, prompting him to consider whether court proceedings should temporarily shift back to a virtual format. A final decision, he said, would follow discussions with members of the Bar.

The Supreme Court has been monitoring the region’s air-quality issues for years. Earlier this month, it asked the Delhi Government to clarify the quality and efficiency of the equipment used to measure air pollution. As the national capital enters yet another season of acrid smog, the upcoming hearing is expected to examine what actions—judicial or otherwise—can realistically help mitigate the crisis.

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