Delhi’s Air Quality Crisis – A Legal Perspective

Delhi’s air quality continues to deteriorate, particularly during winter months. The Supreme Court has repeatedly intervened to address this ongoing crisis. However, these interventions have not led to important improvements. The judiciary’s involvement has become a regular occurrence, especially during periods of acute pollution. This pattern marks a deeper systemic failure in governance and pollution management.

Historical Context of Pollution in Delhi

The Supreme Court has been addressing Delhi’s pollution issues since 1984. Public Interest Litigations (PILs) filed by environmentalists have prompted landmark rulings. These rulings aimed to reduce vehicular emissions and protect water bodies. The court’s interpretation of Article 21 has been very important in recognising access to clean air as a fundamental right.

Key Judicial Interventions

Over the years, the Supreme Court has implemented various measures. In 1996, it ordered the relocation of polluting industries. In 1998, it mandated a shift to compressed natural gas for public transport. More recently, the court introduced the Graded Response Action Plan (GRAP) in 2017. This plan includes emergency measures triggered by poor air quality.

Challenges in Implementation

Despite these measures, air quality remains poor. The odd-even vehicle rationing scheme was ineffective due to inadequate public transport. Similarly, smog towers have shown limited impact. The judiciary’s directives often lack enforcement mechanisms. Political will is critically lacking, hindering effective pollution control.

Role of the Commission for Air Quality Management

The Commission for Air Quality Management (CAQM) has faced criticism since its establishment. It has been accused of adopting populist measures rather than effective solutions. The CAQM’s performance has been questioned, particularly regarding stubble burning regulations. The lack of accountability has further complicated the issue.

The Need for Comprehensive Solutions

Experts argue that there are no quick fixes to Delhi’s pollution crisis. Effective solutions require a year-round commitment from the government. Air quality must become a priority in electoral agendas. Additionally, basic air quality monitoring systems are lacking in most Indian cities.

Regulatory Reforms and Environmental Protection

Recent regulatory changes have weakened environmental protections. The decriminalisation of offences under key environmental laws raises concerns. This shift allows government servants to adjudicate violations, potentially undermining accountability.

Public Awareness and Civic Responsibility

Public awareness about air quality issues is crucial. Citizens must understand the impact of pollution on health and the environment. Civic responsibility should extend to supporting policies that promote cleaner air.

Questions for UPSC:

1. Critically analyse the role of the judiciary in addressing environmental issues in India.
2. Explain the significance of Article 21 of the Constitution of India in the context of air quality.
3. What are the challenges faced by the Commission for Air Quality Management? Discuss its impact on pollution control.
4. What are the implications of recent regulatory reforms on environmental protection? How do they affect pollution management strategies?

Answer Hints:

1. Critically analyse the role of the judiciary in addressing environmental issues in India.

1. The judiciary has played a proactive role since the 1980s, primarily through Public Interest Litigations (PILs).
2. Landmark rulings have led to important reforms, such as the relocation of industries and mandates for cleaner fuels.
3. Judicial interventions often occur during acute pollution crises, denoting systemic governance failures.
4. Despite intentions, the judiciary’s capacity is limited by the lack of effective enforcement mechanisms.
5. The judiciary has become a default mechanism for addressing governmental inaction, indicating a lack of political will.

2. Explain the significance of Article 21 of the Constitution of India in the context of air quality.

1. Article 21 guarantees the right to life, which has been interpreted to include the right to a clean environment.
2. The judiciary has invoked Article 21 to mandate measures for improving air quality and public health.
3. It establishes a legal basis for citizens to seek judicial recourse against environmental degradation.
4. Judicial interpretations have led to landmark rulings that prioritize environmental rights alongside human rights.
5. This constitutional provision puts stress on the interdependence of environmental health and quality of life.

3. What are the challenges faced by the Commission for Air Quality Management? Discuss its impact on pollution control.

1. The CAQM has been criticized for adopting populist measures rather than implementing effective pollution control strategies.
2. Its establishment has not led to reduction in pollution levels, indicating operational inefficacy.
3. Lack of accountability and transparency has hindered its effectiveness in enforcing regulations.
4. Challenges in stubble burning regulation highlight the need for stronger financial incentives for farmers.
5. Overall, the CAQM’s performance reflects the broader systemic issues in pollution governance in Delhi.

4. What are the implications of recent regulatory reforms on environmental protection? How do they affect pollution management strategies?

1. Recent reforms, such as the decriminalization of environmental offences, weaken enforcement capabilities.
2. These changes allow government officials to adjudicate violations, potentially reducing accountability.
3. Environmental protections are compromised, leading to increased pollution and ineffective management strategies.
4. Such reforms may discourage compliance among polluters, undermining previous judicial efforts.
5. Long-term environmental sustainability is at risk if regulatory frameworks do not prioritize strict enforcement.