What Magic Wand Does Judiciary Have To Cure Delhi's Air Pollution Immediately? Supreme Court

While agreeing to list the Delhi air pollution matter (MC Mehta case) next Monday, the Supreme Court on Thursday remarked that the judiciary cannot be expected to pass any miraculous orders to solve the issue instantly.

"What magic wand can a judicial forum exercise? I know this is hazardous for Delhi NCR... Tell me, what can we direct so that there is clean air immediately?" CJI Surya Kant asked when Senior Advocate Aparajita Singh, the amicus curiae in the MC Mehta case, sought the urgent listing of the case. The amicus flagged the “alarming situation” in Delhi NCR and described the present conditions as a “health emergency”.

CJI Surya Kant responded by acknowledging the severity of the crisis but underlined the structural constraints of judicial intervention. “We all know the problem. We need to identify all the reasons. There is no one single reason; it would be a mistake to think so.” 

Stressing that only domain experts and scientists can comprehensively assess the factors contributing to the smog, the CJI said the Court must first understand “what committees the government has constituted” and what solutions are feasible “in each region”. The amicus informed that the Commission for Air Quality Management is seized of the issue and has been issuing directives.

Stressing the need for a long-term solution and regular monitoring, CJI also said that the present matter has been listed in a ritualistic manner before Diwali every year. “This matter is listed in a ceremonial way during the Diwali season. After winters, it disappears. Let us have regular monitoring,” he said.

When the amicus reiterated that critical situation in NCR, the CJI assured that the Court would take a more sustained approach.

“We will take it up. We will take it up on a continuous basis," the CJI assured.

Yesterday, the CJI had remarked that the air quality in Delhi has deteriorated so much that he has avoided going for outdoor walks.