The Supreme Court has firmly upheld the ban on firecrackers in Delhi-NCR, emphasizing the need to protect the health of vulnerable populations and ensure a pollution-free environment for all citizens. The court's decision, delivered on April 3, 2025, underscored that the right to health is an essential part of Article 21 of the Constitution, which guarantees the right to live in a pollution-free atmosphere.

The ruling came as a bench of Justices Abhay S Oka and Ujjal Bhuyan dismissed applications from firecracker manufacturers and trade associations seeking a relaxation of the ban. The court reasoned that restricting the ban to only a few months each year would be ineffective, as firecrackers would simply be stored and then used during the permitted period. The court has been monitoring pollution management in the National Capital Region (NCR), focusing on firecracker bans, stubble burning, vehicular pollution, and solid waste management.

During the proceedings, the court addressed arguments about "green" crackers, which manufacturers claimed caused significantly less pollution. However, the bench remained unconvinced, stating that even these supposedly eco-friendly alternatives contribute to air pollution. Justice Oka stated, "Unless the Court is satisfied that the pollution caused by so-called green crackers is bare minimum, there is no question of reconsidering the earlier orders… There is nothing green about these crackers". He further added that the "only solution is to come up with crackers that have zero emission".

The court also pointed out the stark inequalities in the ability to cope with pollution. While some residents, particularly the "elite class," can afford air purifiers to mitigate the effects of poor air quality, a large segment of the population, including street workers and those living in slums, do not have this option. "Not everybody can afford an air purifier at home," the bench noted, emphasizing that vulnerable groups are the most affected by pollution. The court observed that a large section of the population worked on the streets and was the worst affected by pollution.

The Supreme Court has in the past expressed concerns over the inadequate enforcement of firecracker bans in Delhi-NCR. In November 2024, the Court observed that no religion encourages polluting activities and called for strict enforcement of the ban, in line with citizens' right to a clean environment under Article 21 of the Constitution.

Furthermore, the court directed Uttar Pradesh and Rajasthan to follow the lead of Haryana and Delhi by banning online sales of firecrackers, and to submit compliance reports within two weeks. It also instructed the NCR states to establish effective mechanisms for implementing the firecracker ban, including preventive and coercive actions against violators and asked the NCR States to place on record the details of the proposed machinery in three weeks.

The Delhi government had already imposed a comprehensive ban on firecrackers, covering their manufacture, storage, sale, distribution, and use. Chief Minister Rekha Gupta had also announced that the Delhi government would introduce a new policy for issuing Pollution Under Control (PUC) certificates to vehicles from other states in a bid to tackle air pollution. This move came in response to a report that flagged lapses in Delhi's pollution control mechanisms.