NEW DELHI — The Supreme Court of India permitted the manufacture, sale, and bursting of certified green crackers in Delhi-NCR for two days during Diwali 2026, issuing a carefully calibrated order that balances cultural practices with environmental concerns.
A Bench of Justices MM Sundresh and PB Varale allowed the bursting of fireworks only between 6 AM and 7 AM, and 8 PM and 10 PM on November 7 and 8. The Court directed that cancelled traders' licences be temporarily restored from November 4 to 6 to facilitate the sale of approved green crackers, with the complete ban resuming on November 9.
The decision comes after the Court observed that the 2024 complete prohibition on firecrackers in Delhi-NCR had not achieved its intended objective. Despite the ban, AQI readings showed no significant improvement, and the Court noted that States had "utterly failed" to comply with directions and provide required data on the ban's effectiveness. The Court also observed a significant spike in AQI levels on Dussehra and the following day, notwithstanding the prohibition.
The order maintains existing restrictions on bursting crackers within 300 metres of hospitals, nursing homes, primary and district health centres, old-age homes, and notified silence zones. These areas must be declared "No-Cracker Zones", marked on the ground and publicised. The restriction also applies to educational institutions.
The Court highlighted Delhi-NCR's geographical conditions, noting that low wind speeds restrict the free movement of air and cause pollution to persist. Temperature inversion during winter further aggravates the situation. While acknowledging the religious, social, psychological and emotional significance of Deepawali — creating a positive atmosphere of hope, welfare and prosperity — the Court emphasized that allowing environmental degradation resulting in health hazards defeats the very purpose of the festivities.
The Court discussed the relationship between religious practices associated with Diwali and the right to a pollution-free environment under Article 21 of the Constitution, noting that the right to practise religion under Article 25(1) is subject to public order, morality, health and other provisions of Part III. The Court reiterated that the right to life under Article 21 encompasses the right to a healthy, safe and pollution-free environment.
The Court emphasized the need for better coordination among stakeholders and continued regulation, monitoring and enforcement beyond festival periods. It directed States to submit AQI reports and data on hospital admissions following Diwali, among other compliance details. The matter will be taken up on December 16, 2026.
The Court noted that all parties, including the government, agreed that bursting firecrackers contributed enormously to pollution in the Delhi-NCR region. Measures undertaken by authorities, whether pursuant to Court directions or independently, had not yielded the desired results, indicating that lack of implementation is a major problem.
