Introduction:
The Supreme Court has permitted the limited manufacture, sale and bursting of approved green firecrackers in Delhi-NCR ahead of Diwali 2026, while directing that the complete prohibition on firecrackers must be restored from November 9, 2026. The decision seeks to balance the public’s desire to celebrate the festival with the urgent need to protect public health and prevent further deterioration of air quality in the National Capital Region.
A bench comprising Justice MM Sundresh and Justice Prasanna B Varale passed the directions, allowing the bursting of approved green crackers between 6 AM and 8 PM on November 7 and between 7 AM and 10 PM on November 8. The Court also temporarily restored the licences of certain firecracker traders whose licences had previously been cancelled, permitting them to sell approved green crackers between November 4 and November 6, subject to strict regulatory conditions.
The proceedings arise against the backdrop of persistent concerns regarding severe air pollution in Delhi-NCR, particularly during the winter months when the combination of meteorological conditions, vehicular emissions, industrial activities, construction dust and festival-related pollution contributes to deteriorating air quality. Firecrackers have remained a significant concern because their bursting releases particulate matter and other pollutants that can adversely affect respiratory health and the environment.
The Supreme Court has previously intervened in matters concerning the regulation of firecrackers in Delhi-NCR. Its earlier directions have emphasised restrictions on conventional firecrackers and the promotion of less polluting alternatives. The present order continues that regulatory approach while permitting a carefully controlled relaxation for a limited period.
The Court made it clear that the permission should not be understood as a general withdrawal of restrictions or an unrestricted right to manufacture, sell or use firecrackers. Rather, the relaxation is confined to products recognised as green crackers by the Council of Scientific and Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI), subject to certification, licensing, traceability and enforcement requirements.
The decision also reflects the application of the precautionary approach to environmental protection. Instead of responding to pollution only after it reaches dangerous levels, the Court stressed the importance of preventive measures, public awareness and institutional accountability. It observed that a lasting improvement in environmental conditions would require a change in public attitudes towards firecrackers and festival celebrations.
The Court therefore went beyond regulating the immediate Diwali celebrations and issued directions concerning the manufacture and distribution of green crackers, monitoring of air quality, protection of vulnerable institutions, public awareness, enforcement against illegal products and post-festival pollution management.
Arguments of the Parties:
The case summary does not record the detailed submissions advanced by the individual parties or reproduce their respective pleadings. Accordingly, the precise arguments of the petitioners and the State authorities cannot be attributed to them without additional material from the proceedings.
Nevertheless, the issues considered by the Supreme Court demonstrate the competing public interests involved in the matter. On one side was the question of whether a limited opportunity could be provided for the manufacture, sale and use of approved green crackers during Diwali without compromising the environmental restrictions imposed to protect the residents of Delhi-NCR.
The case also involved the practical concerns of licensed manufacturers and traders whose businesses had been affected by the existing restrictions and cancellation of licences. The temporary restoration of certain licences indicates that the Court considered whether regulated commercial activity could be permitted for a narrowly defined period, provided that traders dealt exclusively in certified green crackers and complied with the prescribed safeguards.
The environmental concerns, on the other hand, required the authorities to ensure that the relaxation did not become a means of introducing conventional or unauthorised firecrackers into the market. The possibility of ordinary firecrackers being falsely marketed as green crackers made product authentication, monitoring and strict enforcement particularly important.
Another significant issue concerned the protection of persons who are especially vulnerable to the harmful effects of air pollution. Hospitals, nursing homes, educational institutions, old-age homes and other designated silence zones require a pollution-conscious environment. The restrictions imposed around these establishments reflect the need to prevent festival celebrations from causing avoidable inconvenience or health risks to patients, children, elderly persons and others.
The authorities were also required to address the difficulties associated with enforcing restrictions across the extensive Delhi-NCR region. This involved identifying authorised locations for the sale of green crackers, monitoring shops and transportation routes, preventing online sales and ensuring that illegal products were seized before reaching consumers.
The need for reliable environmental data was another important consideration. Continuous monitoring of the Air Quality Index (AQI), inspection of monitoring stations and collection of comparative samples were necessary to assess the impact of the temporary relaxation and determine the effectiveness of the regulatory measures.
The Court’s directions ultimately demonstrate that the question was not merely whether green crackers should be permitted during Diwali. It was also whether a limited relaxation could be implemented through a transparent and enforceable framework that protected public health, prevented regulatory violations and ensured accountability among manufacturers, traders and government authorities.
Court’s Judgment:
The Supreme Court permitted a limited relaxation of the existing firecracker restrictions for Diwali 2026, but surrounded the permission with detailed safeguards governing the manufacture, sale, transportation and bursting of green crackers.
The bench clarified that the permission was temporary and that the complete prohibition on firecrackers would come into force again from November 9, 2026. It permitted bursting only during specified hours on November 7 and 8. On November 7, firecrackers could be burst between 6 AM and 8 PM, while on November 8, the permitted period would be between 7 AM and 10 PM.
The Court also temporarily restored the licences of traders whose licences had earlier been cancelled, allowing them to sell approved green crackers between November 4 and November 6. However, this restoration was conditional. Any trader found violating the Court’s directions would face immediate cancellation of the licence.
Restrictions Around Hospitals, Educational Institutions and Other Sensitive Areas
An important component of the order concerns the protection of vulnerable sections of society. The Court directed that firecrackers must not be burst within a 300-metre radius of hospitals, nursing homes, primary and district health centres, old-age homes and notified silence zones.
Educational institutions were also brought within the scope of the restriction. These areas are to be declared ‘No-Cracker Zones’, with the authorities required to mark their boundaries on the ground and publicise the restrictions so that members of the public are aware of the prohibited areas.
The direction recognises that the harmful consequences of air and noise pollution are not distributed equally. Patients undergoing treatment, children attending educational institutions and elderly residents may be particularly affected by exposure to pollution and excessive noise.
The Court therefore required the authorities to ensure that the restrictions were effectively implemented and that people suffering from medical conditions were not subjected to unnecessary inconvenience.
Manufacture and Sale Restricted to CSIR-NEERI-Approved Green Crackers
The Court imposed strict conditions on manufacturers, making it clear that only green crackers approved by CSIR-NEERI could be manufactured and sold under the temporary relaxation.
Manufacturers must possess valid green cracker certification from CSIR-NEERI and the necessary licences from the Petroleum and Explosives Safety Organisation (PESO). They are permitted to manufacture only those green crackers uploaded on the CSIR-NEERI website between November 2 and November 6.
To prevent the substitution or mixing of conventional firecrackers with approved products, the Court directed that green cracker boxes must remain completely sealed. This requirement is intended to ensure that consumers receive only the products that have undergone the prescribed approval process.
The Court specifically prohibited firecrackers joined in series, commonly known as ‘ladis’, as well as garlands. Firecrackers containing barium and products that have not received CSIR-NEERI approval as green crackers are also prohibited.
The directions further require every box to carry a product-specific QR code issued for the particular product and batch. Upon scanning, the QR code must disclose essential information, including the manufacturer’s identity, NEERI registration, PESO or District Magistrate licence, formulation and test certificate.
The Court emphasised that these QR codes must be non-transferable. Any transfer or misuse of QR codes would constitute a violation and could result in cancellation of the relevant registration or licence.
This mechanism is significant because merely describing a product as a green cracker cannot establish its authenticity. The certification and QR-code requirements provide a system through which enforcement authorities and consumers can verify whether the product is genuinely approved.
Monetary Security and Strict Consequences for Violations
To strengthen compliance, the Supreme Court directed the concerned authorities to require all firecracker manufacturers and traders operating in Delhi-NCR to furnish monetary security in a substantial amount, to be determined by the authorities.
The Court further directed that the security deposit would stand forfeited immediately if a manufacturer or trader violated its directions or the applicable regulatory requirements.
The requirement serves as a financial deterrent against non-compliance. Instead of relying exclusively on prosecution or cancellation of licences after violations occur, the monetary security mechanism creates an additional incentive for manufacturers and traders to follow the prescribed conditions.
The direction also reinforces the principle that commercial interests cannot override environmental obligations or public safety requirements.
Designated Sale Locations and Prohibition on Online Sales
The Court directed District Collectors and Commissioners of districts falling within Delhi-NCR to identify and designate specific locations where approved green crackers could be sold. This exercise must be undertaken in consultation with the concerned District Superintendents of Police.
The sale of firecrackers has been prohibited at all other locations, including online platforms. Therefore, even approved green crackers cannot be sold through unauthorised physical outlets or online marketplaces during the permitted period.
To ensure compliance, police authorities and district administrations have been directed to constitute patrolling teams comprising adequate police personnel and other officials. These teams must be familiar with the Supreme Court’s directions and the products approved by CSIR-NEERI.
Regular inspections must be conducted at designated sale locations. The teams are required to verify the authenticity of QR codes, examine the products being sold and ensure that only approved green crackers are available to consumers.
Where illegal or conventional firecrackers are discovered, the authorities must confiscate them immediately and initiate appropriate prosecutions against the manufacturers and traders concerned.
The Court also directed authorities to inspect vehicles entering Delhi-NCR to prevent the transportation of prohibited conventional and illegal firecrackers into the region.
In addition, banners must be displayed at designated sale locations explaining how consumers can identify approved green crackers, the requirement of sealed packaging, the permitted dates and timings for sale and bursting, and the procedure for reporting violations. Shopkeepers and traders are also required to prominently display copies of the Supreme Court’s directions in their establishments.
These measures seek to prevent the temporary relaxation from being exploited through unauthorised sales or misleading representations about the nature of firecracker products.
Daily AQI Monitoring and Environmental Assessment
Recognising that the effectiveness of the relaxation must be assessed through reliable environmental data, the Supreme Court issued detailed directions to the Central Pollution Control Board (CPCB) and the concerned State Pollution Control Boards.
The CPCB, in consultation with the State Pollution Control Boards and their regional offices in NCR districts, has been directed to monitor AQI readings and prepare daily reports covering three distinct periods.
The pre-Diwali report must record air quality for each day between November 2 and November 6. The Diwali report must cover November 7 and November 8, while the post-Diwali report must contain daily air quality readings from November 9 to November 30.
The Court also directed the authorities to collect samples of sand and water during the relevant period for comparative analysis. This would assist in assessing the environmental impact of the festival and the use of firecrackers.
Further, the authorities have been directed to inspect AQI monitoring stations that have allegedly remained non-functional. Any defects identified during these inspections must be rectified immediately to ensure that air quality data is reliable and monitoring systems remain operational.
The Court also emphasised the importance of post-festival cleanliness. The authorities must undertake appropriate solid waste management and disposal measures and clean the most polluted areas through water sprinklers or other suitable methods.
These directions demonstrate that environmental regulation does not end with restricting the use of firecrackers. Effective pollution management also requires monitoring, assessment and remedial action before and after the festival.
Publication of Environmental Action Plans
The Supreme Court further directed the State authorities, including the Delhi Government, to publish the Winter Action Plan 2026, Air Pollution Mitigation Plan 2026 and the Commission for Air Quality Management (CAQM) Annual Action Plan.
These plans, along with relevant advisories, must be publicised through leading newspapers and news channels.
The direction is intended to ensure that environmental policies and preventive measures are communicated effectively to the public. Public awareness is particularly important because compliance with pollution-control measures cannot depend exclusively on administrative enforcement.
The publication of these action plans also enables citizens to understand the measures being undertaken by government authorities to address air pollution during the winter season.
Schools and Delhi Metro Directed to Conduct Awareness Campaigns
The Court also recognised the importance of educating citizens, particularly children, about the environmental and health consequences of bursting firecrackers.
Accordingly, the Secretaries of the Education Departments of States falling within the National Capital Region have been directed to take adequate steps to sensitise schoolchildren about the harmful effects of pollution, particularly during festivals.
The concerned State departments must also publish the Supreme Court’s directions and the measures proposed by the State machinery on their official websites and social media platforms.
In another significant direction, the Court instructed the State to direct the Delhi Metro Rail Corporation to utilise its audio announcement systems for disseminating awareness messages about the adverse effects of firecrackers on public health and the environment.
These directions reflect the Court’s broader objective of encouraging behavioural change. Environmental protection requires not only legal restrictions but also public understanding and voluntary cooperation.
Affidavits, Compliance Reports and Accountability of Authorities
To ensure that its directions are implemented effectively, the Supreme Court required the State authorities in Delhi-NCR to file detailed affidavits explaining the steps taken to comply with the order.
The affidavits must disclose the amount of monetary security imposed on manufacturers and traders, the locations designated for the sale of green crackers, the enforcement measures adopted, the patrolling arrangements made and the prosecutions initiated against persons violating the restrictions.
The authorities must also submit the AQI reports and provide an affidavit specifying the precise increase in patient admissions in hospitals and health centres across Delhi-NCR up to November 30 following the festival.
All the required reports and affidavits must be filed by December 14, 2026. The matter has been listed for further compliance on December 16, 2026.
The Court expressly warned that contempt proceedings could be initiated against responsible officials who fail to comply with its directions. This warning underscores that the implementation of environmental safeguards is a binding responsibility and cannot be treated as a routine administrative exercise.
Emphasis on the Precautionary Principle and Long-Term Environmental Awareness
Beyond the immediate regulatory measures, the Supreme Court highlighted the need for a broader transformation in public attitudes towards firecrackers.
The Court observed that its objective was not limited to regulating the upcoming Diwali celebrations. It also intended to encourage a holistic change in public perception so that citizens voluntarily adopt safer and more environmentally responsible ways of celebrating festivals.
Referring to the Precautionary Principle, the Court emphasised the importance of taking preventive action before environmental harm occurs rather than waiting for damage to become evident and responding afterwards.
The Precautionary Principle is an important component of Indian environmental jurisprudence. It is recognised as part of the country’s environmental protection framework and is reflected in judicial decisions concerning sustainable development and the prevention of ecological harm. The principle requires authorities to take appropriate preventive measures where activities may pose a risk to the environment or public health, even where the full extent of potential harm may not be immediately established.
The Court’s approach is consistent with the constitutional framework governing environmental protection. Article 21 of the Constitution protects the right to life, which has been judicially interpreted to include the right to a clean and healthy environment. Article 48A directs the State to protect and improve the environment and safeguard forests and wildlife, while Article 51A(g) imposes a fundamental duty on citizens to protect and improve the natural environmen.
The statutory framework under the Environment (Protection) Act, 1986, also em