Article 21 of the Constitution guarantees every human being the right to “life” and to live with human dignity. The Supreme Court has held time and again that this includes “the right to a pollution-free environment“.
In October 2024 the Court emphatically held that “breathing clean, pollution-free air is a fundamental right under Article 21”. Similarly, Directive Principles mandate the State to protect and improve the environment under Article 48A and citizens’ Fundamental Duty under Article 51A(g) requires every citizen “to protect and improve the natural environment.”
Key causes of air pollution in Delhi NCR
- Vehicular emissions: This is a major source of both PM2.5 and other pollutants like nitrogen oxides and carbon monoxide.
- Road dust ; Road dust is a significant contributor to PM10 pollution.
- Industrial activities: Thermal power plants in the region and other industries contribute to pollution.
- Stubble burning: During the post-harvest season, stubble burning in neighbouring states is a major factor, though its contribution to Delhi’s overall pollution can vary.
- Local and year-round sources: Factors like garbage burning and construction are year-round contributors.
Seasonal variations
- March to September: AQI generally remains in the “Satisfactory” or “Moderate” range.
- October to February: The situation drastically deteriorates due to a confluence of factors including Diwali celebrations, stubble burning, and cold weather, leading to “Poor,” “Severe,” or “Hazardous” AQI levels.
Health impacts
- A recent study found that air pollution was linked to approximately 15% of deaths in Delhi in 2023, representing a growing health crisis.
- The number of deaths linked to air pollution has been steadily rising.
Current challenges and solutions
- Government regulation: India’s primary air law is the Air (Prevention and Control of Pollution) Act, 1981. It created the Central Pollution Control Board (CPCB)
- Complementing the Air Act is the Environment (Protection) Act, 1986, was enacted under which the National Green Tribunal was established in 2010.
- In April 2021, the Parliament passed the Commission for Air Quality Management (CAQM) Act exclusively for the National Capital Region.
- This law created a high-powered commission, headed by a central appointee, superseding the old EPCA body. It has sweeping powers to coordinate across Delhi, Haryana, UP, Punjab and Rajasthan on air policy.
- In effect, CAQM can issue orders and penalties that override even state pollution boards. Its creation reflects the urgency recognized by both legislature and courts in tackling Delhi’s haze.
- Multi-pronged approach: Addressing the crisis requires tackling multiple sources, from vehicle emissions to industrial output, as indicated by studies aiming to reduce pollution by implementing strategies for various sectors.
- Heavy plantation ; Govt bodies require to promote plantation , green belts to be built along with all national and state high ways
- Ban on Diesel vehicles ; Diesel commercial vehicles are banned in Delhi and CNG is promoted as clean fuel
- Cloud seeding: it can be a solution to Poor air quality but recent experiments failed to produce required results . More focused efforts required in this direction
- Conclusion
- Air pollution remains one of the most pressing environmental challenges, threatening human health, ecosystems, and climate. Despite decades of progress, industrial emissions, vehicular exhaust, and urbanization continue to contribute significantly to poor air quality across India. However, the growing awareness of its harmful impacts has spurred meaningful action. Governments, environmental organizations, and courts have played a critical role in enforcing laws, setting emission standards, and holding polluters accountable. Various Landmark court cases and regulatory frameworks—such as the Clean Air Act and various national air quality standards—have strengthened environmental governance and demonstrated that legal intervention can drive substantial improvement.
- Yet, legal measures and technological solutions alone are not enough. Addressing air pollution requires collective responsibility—individual behavioural changes, corporate accountability, and continuous policy innovation. By combining scientific advancements, strict enforcement, and community participation, societies can work toward cleaner air and a healthier future. Ultimately, the battle against air pollution is not just a legal or scientific issue but a moral obligation to protect life on Earth.
