'Failing In Performing Its Duty…': SC Raps Pollution Watchdog On Delhi-NCR Pollution

New Delhi: The Supreme Court on Tuesday orally remarked that the Commission of Air Quality Management (CAQM) "is failing in performing its duty", and suggested it should adopt a graded approach towards tackling worsening air pollution in Delhi-National Capital Region: identify the causes, which cause is attributable to what extent, during which construction should be allowed etc.

The top court emphasised that the expert body should pinpoint the reasons behind rising pollution levels and provide approximate attribution, while cautioning against rigid mathematical quantifications like assigning 40 per cent or 20 per cent responsibility.

The matter came up before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. The bench was hearing a matter in connection with the Delhi-NCR air pollution crisis.

The bench directed the CAQM to convene a meeting of experts in two weeks and submit a report on major causes of the worsening pollution. "First of all, as an expert body, have you been able to identify the causes that is most important. Question of the solution will be the second stage. Are you convinced what are the causes and which cause is attributable to what extent. During all these days, a lot of material is coming into the public domain, experts are writing articles, people are having opinions, they keep on sending to us by mail...," said the CJI.

The bench told Additional Solicitor General Aishwarya Bhati what appears to be heavy vehicles, like buses and trucks, contributing the largest part, and "how do you plan to address that issue…second attribution can be to construction going in the NCR. It is a developing area, in dire need of housing and commercial activity…but if construction is becoming a cause, how will you address it….during which period you will allow the construction".

The CJI said that by holding a meeting on January 2, 2026, and telling us that we will come after two months, that is not acceptable to us.

"CAQM is failing in performing its duty", said the CJI. Bhati urged the bench to give her either two weeks or three weeks’ time to come back to the court on the way forward.

The CJI said the expert body should identify the reasons for worsening air pollution and the approximate attribution to them, and there cannot be a mathematical calculation of 40% or 20%.

"Which is the maximum contributor, the second contributor, and the third contributor. You bring those reasons in the public domain…", said the bench, adding that people will come to know that, according to the expert body, these are the reasons.

Advocate Aparajitha Singh, the amicus curiae, in the matter, said, "I have suggested to CAQM…that all the expert reports that they are filing here and all the affidavit…because this an issue concerning public interest…".

The bench said it should be acknowledged that the earlier reports could not find the solution, and there is nothing great in collating those reports and bringing them in the public domain.

The CJI observed that a solution was sought to be evolved to tackle air pollution, but it did not produce the desired response, and added, "despite all those reports, the problem is aggravating". Advocate Singh said the problem is with the implementation. "There should be clear identification, if the identification is complete, it should be brought in the public domain. People should know these are the reasons", said the bench.

The bench directed the CAQM to start considering long-term solutions in a phased manner and also consider the toll plaza issue, uninfluenced by the stand taken by various stakeholders.

The bench made it clear that it does not claim to be a super expert on the issue, but will provide a platform for informed deliberations to ensure transparent and accountable decision-making.

The bench observed that it was easy to blame buses and trucks for pollution, but how would the common man commute if buses were halted. The bench also noted that the air pollution is often pinned on farmers without adequate assessment of other contributing factors.

The bench observed that sources of pollution are complex and require a deeper analysis. The bench, citing the COVID-19 pandemic period, observed that stubble burning was at its peak at the time, yet the capital saw clear blue skies. The bench emphasised that policy responses must be based on scientific evidence rather than assumptions.

The bench expressed its discontent with the central pollution watchdog for seeking a two-month adjournment on the issue of temporary closure or relocation of toll plazas at Delhi borders to ease traffic congestion.

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