Supreme Court Directs CAQM To Convene Expert Panel Within Two Weeks For Delhi-NCR Air Crisis, Asks To Identify Real Causes And Stop Delays

The Supreme Court, today, has issued directions to the Commission for Air Quality Management (CAQM), emphasizing its statutory obligation to move beyond temporary fixes and establish a definitive, expert-backed understanding of the worsening air quality in Delhi-NCR.

It also remarked that CAQM must not take long adjournments and must find solutions for the identification of the causes of the worsening AQI. 

The Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, "All we wish to say is that the CAQM, being the statutory expert body, is obligated to bring domain experts under one umbrella to seek a uniform, unanimous opinion for the identification of the causes of the worsening AQI. Such an exercise is not expected to take much time, as institutions like the IITs claim to have already undertaken the requisite studies. It is only the sharing of findings and the collection of data that will enable the CAQM to form a broad understanding of the real causes. Having identified the real causes, the CAQM must tackle them one by one and explain long-term plans, such as those suggested by the learned Amicus. We are conscious of the fact that there cannot be a "one-go" decision, such as the immediate introduction of electric vehicles, without first examining the consequences for the general public. However, with a long-term plan, alternatives can be devised and implemented in a phased manner. Rather than seeking long adjournments, the CAQM ought to realize that delays in finding solutions will lead to further complications. We direct the CAQM as follows: Let a meeting of experts, as shortlisted by the CAQM, be convened within two weeks. Based upon continuous deliberations, the major causes of pollution shall be brought on record as well as placed in the public domain."

ASG Aishwarya Bhati appeared on behalf of the Government, Senior Advocate Aparajita Singh appeared as Amicus Curiae, Senior Advocates Siddharth Luthra and Pinky Anand appeared for Applicants/Petitioners.

During the proceedings, the Court highlighted a troubling disconnect between administrative data and the ground reality of pollution sources. The Bench noted that while the "entire blame" often falls on farmers for stubble burning, data from the pandemic period showed that air quality reached its cleanest levels despite continued burning, suggesting that urban factors like transport and industry are the primary drivers of the crisis.

The Bench pointed out that current expert reports on sectoral contributions are inconsistent, with transport emissions alone being attributed anywhere from 12% to 40% of the total pollution load.

The Court also remarked that the Municipal Corporation of Delhi (MCD) and the Gurugram Development Authority are prioritizing toll revenue over public health, specifically regarding the refusal to suspend toll plazas that contribute to heavy vehicle congestion.

The Court ordered, "Transport, industries, domestic burning, solid waste burning, road dust, demolitions, and hotels and restaurants: expert bodies have attributed specific contributions from each of these sources to the worsening AQI; for example, transport emissions were attributed a 20% share. Nevertheless, the AQI problem in Delhi-NCR remains persistent, if not aggravated. This Court has been seized of these matters and, based upon the reports and advice of experts and the Amicus Curiae, certain directions have been issued from time to time...It was in this context, and after taking notice of the worsening AQI conditions in the NCR region, that the statutory body, CAQM, was asked to revisit and address the issues mentioned in the order dated December 17th."

While reprimanding CAQM, the Court said.  "The CAQM appears to be in no hurry to identify either the definitive causes of the worsening AQI or any long-term solutions. We are, therefore, compelled to issue certain directions necessary to expedite the identification of causes and the implementation of long-term strategies. At this stage, we deem it appropriate to bring on record that the learned Amicus has highlighted the following issues: a. Vehicular Pollution: (i) Transition to Electric Vehicles (EVs), (ii) push for public transport, (iii) payment of higher Environmental Compensation Charge (ECC), (iv) improved enforcement, and (v) a "cleaner air" movement. b. Air Quality Governance. c. Compliance: A suggestion that power plants be directed to comply with applicable standards without "shifting the goalposts."

The Court issued a series of mandatory directives aimed at transparency and expedited action. The CAQM has been ordered to convene a meeting of domain experts, including representatives from institutions like the IITs, within two weeks to finalize the identification of pollution causes. The Court mandated that these findings be placed in the public domain to foster citizen awareness and accountability.

Furthermore, the Bench tasked the CAQM with creating a phased long-term plan that addresses the recommendations of the Amicus Curiae, including a transition to electric vehicles, the strengthening of public transport, and ensuring that power plants comply with emission standards without "shifting the goalposts."

The Bench clarified that while it does not intend to act as a "super expert," it will serve as a forum where expert opinions are synthesised into actionable best practices.

The Court acknowledged that radical changes, such as an immediate mandate for electric vehicles, cannot happen in a "one-go" decision due to the consequences for the public exchequer and the general population. However, the justices insisted that a lack of a long-term roadmap is no longer acceptable. 

The Court further added, "In the aforementioned order, additional issues—such as the temporary suspension of the nine MCD toll plazas as suggested by the NHAI—were also highlighted. As usual, the MCD, instead of proposing a viable solution, has filed an affidavit defending the toll plazas as an important source of its revenue. Now, the Gurugram Development Authority has joined this list and moved an application seeking directions to the MCD to apportion 50% of the revenue generated at those sites."

Background

Previously, the Court had refused to interfere with the direction for the closure of schools. The Bench had also modified its last order dated August 12, 2025 and ordered that no adverse steps be taken against the owners of BS-IV or higher category vehicles.

On December 3, 2025, the Supreme Court had agreed to hear a case concerning the deteriorating air quality in the Delhi–National Capital Region, saying the issue needed to be monitored on a regular basis.

On November 19, the court asked the Commission for Air Quality Management (CAQM) to consider directing schools in Delhi-NCR to postpone open-air sports events scheduled for November–December to “safer months” due to toxic air levels.

It had declined to impose year-round restrictions under the Graded Response Action Plan (GRAP), an emergency framework that restricts polluting activities in severe conditions, and instead emphasised the need for long-term, sustainable solutions.

The Court has previously refused to entertain a fresh PIL by a wellness expert seeking urgent judicial intervention to tackle a "persistent and systemic failure" in addressing the country's rising air pollution levels. The Apex Court, however, allowed holistic health coach Luke Christopher Coutinho to withdraw the PIL and file an intervention plea in a pending case filed by environmentalist M C Mehta on pollution.

The matter is now listed for a follow-up hearing on January 21, 2026.

Cause Title: MC Mehta v. Union of India [WP (C) 13029/1985]