‘Perennial’ GRAP is not the solution for Delhi’s air pollution: Supreme Court
The Supreme Court on Monday (November 17, 2025) told the Centre that air pollution’s choke-hold on the national capital cannot be pried loose by slapping a “perennial GRAP” (Graded Response Action Plan) across Delhi and the National Capital Region.
The toxicity had to be dealt with gradually, through a long-term policy, which did not impact the livelihoods of migrant labourers and daily wagers, the court said.
“The solution is not to take a short-term measure effective for one or two months. The government has to bring all the stakeholders on board and consider a solution which would see air pollution diminishing over the years,” Chief Justice of India B.R. Gavai observed.
The Chief Justice said “harsh” measures like imposing GRAP throughout the year till the air quality index (AQI) drastically dipped would have other massive repercussions affecting the livelihoods of lakhs of daily labourers and construction workers.
At one point, even the Additional Solicitor General Aishwarya Bhati, for the Centre, said “knee-jerk” reactions to air pollution, caused by a heavy cocktail of stubble-burning fumes from neighbouring States such as Punjab and Haryana, vehicular emissions, and construction debris, etc., would only prove counter-productive.
“Even the Supreme Court would not be able to function with perennial GRAP… There would be no cars allowed,” the CJI said.
Senior advocate Gopal Sankaranarayanan, who had suggested GRAP throughout the year, said the court could consider online hearing of cases. Mr. Sankaranarayanan also suggested a heavier road tax for cars.
Amicus curiae Aparajita Singh, focussing on the issue of stubble-burning, explained that the practice became a bane after the implementation of the Groundwater Preservation Act of 2009, which shortened the time between harvesting paddy and sowing wheat.
“So the best option for farmers was to burn the crop stubble,” Ms. Singh explained.
Mr. Sankaranarayanan suggested advancing the farmers’ schedule for harvesting paddy. “Paddy should be harvested earlier, when the wind does not come to Delhi,” he said.
Ms. Singh referred to reports that farmers were able to evade the satellite overwatch over stubble-burning, as a result of which the actual burning incidents were “under-counted”.
The Centre had allocated over ₹2,000 crore to States, including Punjab and Haryana, to buy machinery for the in situ removal of stubble from the fields in order to use them as manure or as fuel in neighbouring industries.
“The allocation of money or machinery is not the solution. The change in the law in 2009 has contributed to the stubble burning… The AQI threshold in India is very high. They allow high levels of pollution before GRAP kicks, unlike in other foreign countries. Today, when doctors operate, they find the lungs grey in colour. This includes in the cases of children,” Mr. Sankaranarayanan submitted.
Ms. Bhati agreed to put before the government the court’s suggestion to bring the States and other stakeholders to the table to iron out a long-term policy to combat air pollution.
The court asked Ms. Bhati to consult with the government and come back by November 19.
