Supreme Court Pushes for Balanced Crackers Policy; Green Crackers Allowed with Restrictions.


26 September 2025 Environment Protection >> Environmental Law  

In the long-pending M.C. Mehta v. Union of India pollution case, the Supreme Court has called for the Union Government to design a balanced mechanism on the firecracker issue, emphasizing that complete bans have been hard to enforce and tend to give rise to illegal work.

At the hearing on 26 September 2025, the Chief Justice-headed bench, with Justices K. Vinod Chandran and N.V. Anjaria, noted that even after imposing blanket prohibitions against crackers, efficient compliance eluded them. Referring to Bihar's historical prohibition on mining, the Court stated that prohibitions tend to lead to illicit underground networks.


 

 
 
 

The Court instructed Additional Solicitor General Aishwarya Bhati to meet with the Ministry of Environment, Forest and Climate Change (MoEF&CC) and discuss all stakeholders, such as the Delhi Government, manufacturers, and vendors. The Court also instructed that inputs of the court-appointed amicus curiae should be included in the policy. The case is now listed for further hearing on 8 October 2025.

While doing so, the Court allowed interim permission to manufacture certified "green crackers" by firms having valid sanctions from the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organization (PESO). But such manufacturers are required to file undertakings that green crackers will not be disposed of in prohibited areas until further directions.

Commercial Vehicle Exemption Removed

In a connected development, the Court considered an application by the Municipal Corporation of Delhi (MCD) seeking to cancel the exemption given to commercial vehicles transporting essential items—like fruits, vegetables, grains, eggs, poultry, milk, and ice—from paying the Environment Compensation Charge (ECC).

The Court recognized that the exemption had posed practical enforcement challenges. It observed that the vehicles were physically inspected at check-posts to ensure whether the vital goods were actually being transported, which caused long queues, constant engine usage, and high emissions.

Acknowledging this as a genuine problem, the Court upheld the MCD’s request, ruling that all such vehicles must now pay ECC, clarifying that the levy was modest and unlikely to significantly impact consumer prices.