Source: Supreme Court  

Why in News? 

The Supreme Court of India has directed strict adherence to preventive health measures, including wearing masks, as air quality in Delhi-NCR deteriorates. The Court order the implementation of Stage-IV measures under the Graded Response Action Plan (GRAP) due to the AQI crossing 450. Court criticized the Commission for Air Quality Management (CAQM) for delaying the enforcement of GRAP protocols, observed that preventive actions should have been taken earlier, even before the AQI crossed critical thresholds.  

• The Court also said that the CAQM must act promptly, regardless of expected improvements in air quality. 

What was the Background of M.C. Mehta v. Union of India (Delhi Pollution ) Case? 

• The Delhi-NCR region has been experiencing severely deteriorating air quality, leading to implementation of the Graded Response Action Plan (GRAP) by the Commission for Air Quality Management (CAQM). 
• GRAP has four stages of implementation, with Stages I and II being activated during "poor" air quality and Stages III and IV during "severe" air quality conditions. 
• The CAQM initially implemented GRAP Stage-I on 14th October, 2024, followed by Stage-II on 21st October, 2024, and Stage-III on 14th November, 2024. 
• On 17th November, 2024, Delhi's Air Quality Index (AQI) crossed 450, reaching the "Severe+" category, with readings of 447, 452, and 457 recorded at successive hourly intervals. 
• The Indian Meteorological Department (IMD) and IITM forecasted that the air quality would likely remain in the "Severe/Severe+" category due to heavy fog, variable winds, and unfavorable meteorological conditions. 
• Multiple factors contribute to the air pollution crisis, including stubble burning in Punjab and Haryana, firecracker use, vehicular emissions, garbage burning, and industrial pollution. 
• The Environment Protection Act (EPA), 1986, as amended by the Jan Vishwas Act in 2023, governs environmental regulations, shifting from punitive actions to a penalty-based system for violations. 
• The matter involves fundamental rights under Article 21 of the Constitution, which guarantees citizens the right to a pollution-free environment. 

What were the Court’s Observations? 

• The Court observed that the Commission for Air Quality Management (CAQM) delayed implementing GRAP Stage III despite AQI crossing 401 on 12^th November, 2024, waiting until 14th November, 2024 to implement it, and similarly delayed Stage IV implementation when AQI crossed 450. 
• The Court found that CAQM's approach was contrary to its earlier order dated 29th October, 2018, which had directed taking pre-emptive steps without strictly adhering to pollution stages. 
• The Court emphasized that CAQM cannot wait for AQI improvement and must implement GRAP stages immediately in anticipation of AQI crossing threshold limits, calling the current wait-and-watch approach "entirely wrong." 
• The Court noted an important issue regarding which agency's AQI data should be considered official, indicating this requires further consideration. 
• Regarding satellite monitoring, the Court observed that current NASA satellites only capture farm fire data at limited times (10:30 AM and 1:30 PM), whereas stationary satellites like South Korea's GEO-KOMSAT 2A can provide more comprehensive data throughout the day. 
• The Court observed that there's a constitutional obligation for both Central and State Governments to ensure citizens live in a pollution-free atmosphere, requiring them to take all possible actions beyond just GRAP measures. 
• The Court noted that GRAP Stage IV implementations should be more stringent, with less discretion left to governments and local authorities. 
• The Court observed that despite GRAP guidelines, immediate decisions were needed regarding physical classes up to 12th standard, indicating the current situation required more urgent action than prescribed in the existing protocols. 

What is the Stage IV Measures following a Significant rise in AQI levels? 

• Entry of trucks into Delhi is banned except for essential commodities/services carriers, with only LNG/CNG/Electric/BS-VI diesel trucks being permitted to enter Delhi. 
• Light Commercial Vehicles (LCVs) registered outside Delhi are prohibited from entering the city, except EVs/CNG/BS-VI diesel vehicles carrying essential goods or providing essential services. 
• A strict ban is enforced on Delhi-registered BS-IV (and below) diesel Medium Goods Vehicles (MGVs) and Heavy Goods Vehicles (HGVs), except those carrying essential commodities or providing essential services. 
• Complete ban on all construction and demolition (C&D) activities, including linear public projects like highways, roads, flyovers, power transmission, pipelines, and telecommunication infrastructure. 
• NCR State Governments and Delhi Government may decide to discontinue physical classes for students (VI-IX and XI) and switch to online mode of education. 
• Public, municipal, and private offices in NCR states are to operate at 50% capacity with the remaining staff working from home. 
• State governments can implement additional emergency measures such as closing colleges/educational institutions, restricting non-emergency commercial activities, and implementing odd-even vehicle schemes based on registration numbers. 
• Special advisory for vulnerable groups (children, elderly, and those with health conditions) to avoid outdoor activities, with Central Government having discretion to implement work-from-home arrangements for its employees. 

What is GRAP (Graded Response Action Plan)? 

• GRAP is a set of emergency measures implemented by the Commission for Air Quality Management (CAQM) to prevent and control air pollution in Delhi-NCR and adjoining areas, with actions triggered based on specific AQI thresholds. 
• It consists of four stages: Stage I ('Poor' AQI: 201-300), Stage II ('Very Poor' AQI: 301-400), Stage III ('Severe' AQI: 401-450), and Stage IV ('Severe+' AQI: >450), with each stage implementing progressively stricter measures. 
• The plan includes various preventive and control measures such as restrictions on construction activities, vehicular movement, industrial operations, and other polluting activities, with the severity of restrictions increasing with each stage. 
• GRAP was revised in September 2024 to be implemented proactively based on forecasts, rather than waiting for the actual deterioration of air quality, requiring preventive actions before AQI reaches critical levels. 
• The implementation is overseen by the CAQM through its Sub-Committee, which monitors air quality data and meteorological forecasts to decide on invoking different stages of the plan. 

What are the Existing Laws Related to Air Pollution in India? 

• Primary Environmental Laws: 
  • The Air (Prevention and Control of Pollution) Act, 1981  
    • Primary legislation specifically focused on air pollution control 
    • Establishes Pollution Control Boards at central and state levels 
    • Provides framework for prevention, control, and abatement of air pollution 
  • The Environment (Protection) Act, 1986  
    • Umbrella legislation for environmental protection 
    • Empowers government to set standards and regulate polluting activities 
    • Includes provisions for penalties and environmental compensation 
• Regulatory Framework: 
  • Commission for Air Quality Management (CAQM) Act, 2021  
    • Specifically created for Delhi-NCR region 
    • Oversees air quality management measures 
    • Has power to issue directions and impose penalties 
  • National Clean Air Programme (NCAP)  
    • National-level policy initiative launched in 2019 
    • Aims to reduce particulate matter concentration by 20-30% 
    • Sets city-specific action plans 
• Implementation Mechanisms: 
  • National Ambient Air Quality Standards (NAAQS)  
    • Sets permissible limits for various air pollutants 
    • Provides monitoring framework 
    • Establishes compliance requirements 
  • Motor Vehicles Act, 1988 (with amendments)  
    • Controls vehicular pollution 
    • Sets emission standards for vehicles 
    • Mandates regular pollution checks 
• Supporting Legislation: 
  • National Green Tribunal Act, 2010  
    • Establishes special environmental courts 
    • Handles environmental disputes including air pollution 
    • Can issue directives for pollution control 
  • Industry-Specific Regulations: 
  • Industrial Pollution Control Guidelines  
    • Industry-specific emission standards 
    • Mandates use of pollution control equipment 
    • Requires environmental clearances for industrial projects