Pan-India Cracker Ban Debate

Context:

The Chief Justice of India (CJI) questioned why the firecracker ban is limited to Delhi-NCR and not implemented across India if pollution is a national problem, while also highlighting the need to protect industry workers.

Judicial Intervention on Pollution Control

The Supreme Court has consistently intervened in environmental protection, citing Article 21 (Right to Life) which includes the right to pollution-free air.
In this case, the CJI pointed out the selective ban on firecrackers in Delhi-NCR, asking why citizens elsewhere are not given the same protection.

Pan-India Policy Question

The debate highlights the issue of unequal implementation of environmental laws across regions.
If air pollution is a national problem, then the policy response must also be national in scope rather than region-specific.

Economic and Social Dimensions

The firecracker industry employs lakhs of workers, mostly in Tamil Nadu (Sivakasi).
The CJI stressed that any ban must also consider livelihood protection and explore alternatives like green crackers.

Role of Institutions

National Environmental Engineering Research Institute (NEERI) is working on developing less-polluting “green crackers.”
Commission for Air Quality Management (CAQM) coordinates policy responses for air quality improvement, especially in NCR.

Constitutional & Policy Angle

This issue reflects the conflict between Directive Principles (environmental protection, Art. 48A)and Fundamental Rights (Right to livelihood, Art. 19(1)(g)).
Judicial scrutiny demands a balanced policy framework considering both public health and employment.

Commission for Air Quality Management (CAQM)

Statutory Status

Established under the Commission for Air Quality Management in NCR and Adjoining Areas Act, 2021.
Directly accountable to Parliament, giving it higher legal and institutional authority than earlier committees.

Mandate & Jurisdiction

Ensures coordination, research, and resolution of issues affecting air quality.
Jurisdiction covers Delhi, Punjab, Haryana, Rajasthan, and Uttar Pradesh.
Addresses air pollution in Delhi-NCR and adjoining states that impact the National Capital Territory’s air quality.

Powers

Can restrict polluting activities and issue binding directions.
Conducts investigations, inspections, and research on air pollution.
Prepares codes and guidelines for pollution prevention and control.
Its orders are binding on individuals, officers, and authorities.

Composition

Chairperson: Senior officer of Secretary/Chief Secretary rank (tenure: 3 years or till 70 years).
Ex-officio members: Chief Secretaries/Environment Secretaries of Delhi, Punjab, Haryana, Rajasthan, and UP.
Technical Members: Three full-time + experts from CPCB, ISRO, NITI Aayog.
NGO Representation: Three members from non-governmental organisations.