Delhi may be gasping, but the Supreme Court is done pretending it can play saviour every winter. Confronted with what the amicus curiae called a "health emergency," Chief Justice of India (CJI) Surya Kant shot back with a stark reality check, "What magic wand can a judicial forum exercise?"
The top court bench, headed by the CJI, said judicial bodies have their limitations when it comes to tackling issues like air pollution, and the court does not have any magic wand to solve the Delhi air pollution crisis.
The observation came when senior advocate Aparajita Singh, who is an amicus curiae in the case for many years, mentioned the case for urgent hearing, stating that it is a health emergency because of these alarming pollution levels. From vehicular emissions and construction dust to industrial pollutants and seasonal stubble burning, she said, the capital was engulfed by a perfect storm of toxic triggers.
"What magic wand can a judicial forum exercise? I know this is hazardous for Delhi-NCR. Tell me, what can we direct that will result in clean air immediately? We all know what the problem is," the CJI observed. Judicial orders, the CJI suggested, cannot substitute for scientific diagnosis, executive action, or political will.
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The court emphasised that Delhi’s air crisis is deeply structural and multi-causal, not something that can be solved through bans and sudden restrictions. “We need to identify all the reasons. There is no one single reason. It would be a bona fide mistake to think that,” the CJI observed. The Bench made clear that a meaningful response requires empirical analysis, not assumptions or seasonal panic.
CJI Surya Kant underscored the limits of judicial competence in dealing with a technical problem of this scale. “Only domain experts and scientists can look into that,” he said, signalling that the court expects detailed data, region-specific emission patterns, and scientifically vetted mitigation plans before it issues any further directions.
The Bench also sought clarity on the committees already formed by the government to monitor and control air pollution. Over the years, bodies such as the Commission for Air Quality Management (CAQM), various task forces, and inter-state coordination groups have been created, often with overlapping mandates. The court indicated it would examine whether these committees are functioning effectively and whether their recommendations are being implemented consistently.
The CJI noted that this matter often arrives before the court “ceremonially” during Diwali and winter and then loses urgency once temperatures rise. “Let us have regular monitoring,” he said, stressing that the court wants to move from reactive firefighting to sustained oversight.
Listing the matter on Monday, the Bench signalled a shift: no more knee-jerk bans, no more seasonal theatrics. As Delhi continues to breathe toxic air, the Supreme Court’s stand is clear: without coordinated governance, scientific planning, and accountable implementation, no judicial magic wand can clean the skies.
