Smoking without safeguards: the Supreme Court’s 2025 green cracker order in Delhi – NCR and the dilution of article 21

S, Vaisini (2026) Smoking without safeguards: the Supreme Court’s 2025 green cracker order in Delhi – NCR and the dilution of article 21. International Journal of Law Research, Education and Social Sciences, 2 (6). pp. 140-147. ISSN 3048-7501

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Abstract

Delhi’s annual air quality crisis has repeatedly prompted the Supreme Court to intervene through sweeping directions in the longrunning MC Mehta v Union of India invoking Article 21 to justify stringent controls on pollution-intensive activities. In October 2025, however, the Court permitted the limited sale and use of ‘green firecrackers’ in Delhi-NCR during the Diwali period, subject to restricted time-windows, Central Pollution Control Board (CPCB) monitoring and the use of CSIR – NEERI certified products. This case commentary argues that the 2025 order marks a substantive departure from the precautionary, rights protective trajectory of the MC Mehta and Arjun Gopal lines of jurisprudence and that it sits uneasily with the court’s own articulation of the right to clean air as an essential component of Article 21. First, the comment reconstructs the factual and procedural background of the 2025 order and maps it against earlier firecracker-related directions. It then analyses the Court’s reasoning on the evidentiary value of ‘green’ technology and its reliance on a balancing exercise between public health, religious practice and commercial interests. The comment contends that, in a city that already oscillates between ‘very poor’ and severe airquality categories, even time-bound relaxations for green crackers undermine the precautionary principle, disproportionately burden vulnerable groups and dilute the normative content of Article 214 . The conclusion suggests a more coherent, rights-centred framework for any future reconsideration of firecracker regulation in Delhi-NCR.

Item Type: Article
Uncontrolled Keywords: Article 21 | Green cracker | Delhi | Air quality
Subjects: Physical, Life and Health Sciences > Environmental Science, Policy and Law
Social Sciences and humanities > Social Sciences > Law and Legal Studies
Vol/Issue no. published date: April 2026
Depositing User: Mr. Syed Anas
Date Deposited: 29 Apr 2026 04:20
Last Modified: 29 Apr 2026 04:20
Official URL: https://ijles.in/wp-content/uploads/2026/04/12.-Va...
URI: https://pure.jgu.edu.in/id/eprint/11263

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