Green Firecrackers can be manufactured in Delhi NCR, but no sale: Supreme Court

The Supreme Court today has allowed the manufacture of green firecrackers in Delhi and the National Capital Region (NCR) ahead of the Diwali season but prohibited their sale within the NCR area.

A CJI BR Gavai led bench has allowed manufacturers with valid certification from the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) to continue production, provided they submit an undertaking that no sales will occur in the Delhi-NCR area.

The Central government has also been directed to consult all stakeholders, including the Delhi government, manufacturers, and sellers, and present before court a balanced policy on the next hearing scheduled for October 8, 2025.

With a view to balance economic interests with public health, the bench also comprising Justices Vinod Chnadran and NV Anjaria said today that an outright ban would lead to unintended consequences.

Senior Advocate K Parameshwar, appearing for manufacturers, told the bench today that they woulf adhere to stringent environmental and safety norms, as per the 2018 decision in Arjun Gopal judgment. Thus, while allowing manufacture, the bench has upheld the ban on sale in Delhi-NCR.

Recently, Supreme Court had suggested a nationwide ban on firecrackers ahead of Diwali and not just the National Capital Region. "If firecrackers are to be banned, they should be banned throughout the country..", Chief Justice of India BR Gavai remarked while hearing the MC Mehta case. “If cities in NCR are entitled to clean air, why not people of other cities? Whatever policy has to be there, it has to be on a pan-India basis. We can’t have a policy just for Delhi because they’re elite citizens of the country. I was there in Amritsar in winter last year, and there the pollution was worse", CJI had added.

Advocate K Parameshwar informed court that there is now a year-round ban on sale and manufacture in Delhi NCR. To this the bench also comprising Justice Vinod K Chandran asked why the ban was only limited to Delhi NCR. As the hearing progressed, Amicus and Senior Advocate Aparajita Singh told the bench that it was not the elites but the poor that suffer more due to the pollution. "Elite leave Delhi during Diwali season and they have air purifiers..", she added.

The court had then called for a report from the Commission for Air Quality Management and listed the matter for further hearing on September 22. In January this year, Supreme Court of India had extended the firecracker ban in the NCR areas of Uttar Pradesh and Haryana while hearing the M.C. Mehta case concerning air pollution in Delhi-NCR.

A bench of Justices Abhay S Oka and Ujjal Bhuyan in its order had observed,"...Ban imposed on firecrackers. Our last order, dated 19 December 2024, records that the state of Rajasthan has imposed a similar ban in perpetuity in terms of the ban imposed by the Delhi government under the order dated 19 December 2024. The state of Rajasthan confined the ban to that part of the state which falls in the NCR. We directed the states of Uttar Pradesh and Haryana to consider taking a decision to impose a perpetual ban similar to the one imposed by the Delhi government under the order dated 19 December 2024, restricted to the NCR parts of the states. Till further orders are passed the ban imposed by the state of Uttar Pradesh and Haryana limited NCR parts of the states which was effective till today is extended. The compliance by the states will be considered on 24th of March 2025....".

Earlier in November 2024, amid worsening air quality in Delhi NCR, the Supreme Court of India had remarked that 'no religion promotes any activity that contributes to pollution or compromises the health of people."

In 2023, Supreme Court had refused to interfere with the blanket ban imposed by it on the production and sale of firecrackers including green crackers in the Delhi NCR region. The court had further told the Delhi Police that filing cases against people who burn firecrackers may not help in curbing the sale of firecrackers. Court had also reiterated the directions issued by the Supreme Court, including banning the use of Barium Salts in the firecrackers and manufacturing and selling joined firecrackers and other directions issued by the Court.

Case Title: MC Mehta vs. Union of India

Hearing Date: September 26, 2025

Bench: CJI Gavai, Justices K Vinod Chandran and NV Anjaria