Supreme Court Permits Limited Use of Green Crackers in Delhi-NCR for Diwali 2026

The Court clarified that the complete ban on firecrackers would be restored with effect from 9 November 2026. The order reflects a carefully regulated approach to balancing religious freedom, environmental protection, public health and commercial interests. More importantly, it highlights the Supreme Court’s concern over ineffective enforcement of previous restrictions and the absence of sufficient scientific evidence to determine whether a complete prohibition has achieved its intended purpose.

Background of the Firecracker Ban in Delhi-NCR

The issue of firecracker pollution has remained under judicial scrutiny for several years, particularly because of the deteriorating air quality in Delhi and its surrounding regions.

In its earlier order dated 23 October 2018 in Arjun Gopal & Ors. v. Union of India & Ors., the Supreme Court adopted a balanced approach by permitting the manufacture and sale of reduced-emission firecrackers and green crackers, subject to regulatory conditions.

The directions issued in 2018 continued to operate until 2024. However, following the Supreme Court’s directions in M.C. Mehta v. Union of India & Ors., the Government of the National Capital Territory of Delhi imposed a complete year-round ban on the manufacture, storage, sale and bursting of all kinds of firecrackers, effective from 1 January 2025.

Similar restrictions were imposed in the National Capital Region portions of Haryana and Uttar Pradesh, while Rajasthan had also introduced comparable restrictions.

On 3 April 2025, the Supreme Court observed that reconsideration of the complete ban to permit green crackers would require scientific evidence establishing that the pollution caused by such products was minimal.

Subsequently, on 26 September 2025, the Court permitted manufacturers possessing valid certifications for green crackers to undertake manufacturing activities, subject to filing undertakings before the Court.

Thereafter, through an order dated 15 October 2025, the Supreme Court temporarily relaxed the complete ban and permitted the sale and bursting of approved green crackers under prescribed conditions.

The relaxation was intended to operate as a trial measure, allowing authorities to assess the environmental impact of green crackers and submit relevant findings.

However, the Court noted in the present proceedings that the authorities had failed to implement earlier directions effectively or furnish adequate material concerning the results of the temporary relaxation.

Applications and Submissions Before the Supreme Court

The present proceedings arose from several applications filed by stakeholders seeking different forms of relief concerning the existing restrictions on firecrackers.

The Delhi Fireworks Shopkeepers Association sought restoration of licences cancelled following the imposition of the ban.

The Federation of Fireworks Traders requested permission for the manufacture, storage, sale and use of green crackers approved by the Council of Scientific and Industrial Research–National Environmental Engineering Research Institute (CSIR-NEERI).

The Ministry of Environment, Forest and Climate Change also sought permission concerning certain firecracker formulations containing reduced quantities of barium nitrate. The application referred to formulations tested at the RACE facility in Sivakasi and CSIR-NEERI, Nagpur, which were stated to have achieved emission reductions of approximately 45–50%.

Conversely, the petitioners sought a complete prohibition on the manufacture, transportation, distribution, sale, purchase and use of all firecrackers.

Arguments in Favour of a Complete Ban

Amicus Curiae Ms. Uttara Babbar, supported by Senior Advocate Mr. Gopal Sankaranarayanan, submitted that the prevailing environmental conditions warranted a complete prohibition on firecrackers.

It was argued that previous preventive and regulatory measures had failed to bring about meaningful improvements in air quality.

The submissions also emphasised the need for a comprehensive assessment of the health consequences suffered by residents of Delhi-NCR due to firecracker pollution.

Arguments Supporting Regulated Green Crackers

Senior Advocate Mr. J. Sai Deepak, appearing for the intervening manufacturers and traders, submitted that several businesses possessed valid licences and had complied with the prescribed testing and certification requirements.

It was argued that refusing to restore these licences could encourage the illegal manufacture and sale of conventional firecrackers, potentially defeating the objective of environmental regulation.

The intervenors also emphasised the need for stricter enforcement mechanisms, including mandatory registration and QR-code-based product identification.

Additional Solicitor General Ms. Aishwarya Bhati, appearing for the Union of India, the Government of NCT of Delhi and the Commission for Air Quality Management, informed the Court about existing and proposed pollution-control measures.

Constitutional Balance Between Religious Freedom and Environmental Protection

One of the central aspects of the Supreme Court’s order concerns the relationship between religious freedom under Article 25 and the right to a healthy environment under Article 21 of the Constitution.

The Court acknowledged that Diwali carries considerable religious, social, psychological and emotional significance. It is associated with hope, prosperity and collective celebration across communities.

However, the Bench emphasised that religious freedom is not absolute. Article 25(1) guarantees the right freely to profess, practise and propagate religion, but this freedom remains subject to public order, morality, health and other provisions of Part III of the Constitution.

The Court observed:

“The right of an individual to engage in a particular practice, which may have a religious color, is only a qualified one and cannot go beyond the Constitutional restrictions.”

The Bench further reiterated that the right to life under Article 21 includes the right to a healthy, safe and pollution-free environment.

Accordingly, the religious character of a particular activity cannot place it beyond the reach of reasonable environmental restrictions.

The Court also recognised that uncontrolled bursting of firecrackers contributes to air and noise pollution, generates solid waste and exposes vulnerable groups, particularly children, persons with disabilities and elderly individuals, to serious health risks.

It noted that particulate matter released by firecrackers may remain suspended in the atmosphere for several days, aggravating respiratory and other health complications.

The geographical and climatic conditions of Delhi-NCR further intensify these concerns. Low wind speeds and temperature inversion during winter contribute to the persistence of pollutants in the atmosphere.

The Court therefore emphasised that the cultural significance of Diwali must be considered alongside the constitutional responsibility to protect public health and the environment.

Why the Supreme Court Favoured Regulation Over a Complete Ban

The Supreme Court examined whether the existing blanket ban had achieved its intended objective of reducing pollution.

The Bench acknowledged that a complete prohibition might appear to be an ideal solution. However, it expressed concern over the absence of sufficient scientific data demonstrating the effectiveness of the ban imposed in 2024.

The Court observed:

“Though imposition of a blanket ban seems to be the ideal solution, we are of the opinion that this Court, at this point in time, is short of adequate data to decide whether or not a complete ban would be the best solution.”

The Court noted that air-quality readings had not shown significant improvement despite the prohibition.

It also referred to material indicating a substantial increase in pollution levels during Dussehra 2026, even though the complete ban was in force.

Another concern was the continued sale of conventional firecrackers under the guise of green crackers.

According to the Court, ineffective implementation had allowed illegal products to remain available while restricting the sale of legitimately certified green crackers.

The Bench consequently concluded that a temporary, closely monitored regulatory approach would be appropriate.

Importantly, the Court did not declare that green crackers were pollution-free or that a complete ban was legally unjustified. Instead, it considered the available evidence insufficient to determine whether the blanket prohibition was the most effective solution.

The limited relaxation was therefore accompanied by extensive restrictions, scientific monitoring requirements and compliance obligations.

Supreme Court’s Directions for Diwali 2026

The Supreme Court issued detailed directions governing the manufacture, sale and use of green crackers, as well as the responsibilities of regulatory authorities.

1. Permitted Dates and Timings for Bursting Green Crackers

The Court permitted the bursting of approved green crackers on 7 and 8 November 2026, subject to the following restrictions:

The permission is restricted to certified green crackers and does not extend to conventional or unauthorised fireworks.

2. Prohibition Within 300 Metres of Sensitive Institutions

The Court prohibited the bursting of firecrackers within a 300-metre radius of hospitals, nursing homes, primary and district health centres, old-age homes, educational institutions and notified silence zones.

These locations must be identified, marked and publicised as No-Cracker Zones. The restriction seeks to protect vulnerable individuals, particularly patients, children and elderly persons, from the harmful effects of air and noise pollution.

3. Manufacture and Sale of Certified Green Crackers

Only manufacturers possessing valid certification from CSIR-NEERI and the Petroleum and Explosives Safety Organisation (PESO) may manufacture approved green crackers.

Manufacturing is permitted from 2 November to 6 November 2026 and is restricted to products listed on the CSIR-NEERI website.

The Court directed that green crackers must be sold in completely sealed boxes to prevent mixing with conventional or unauthorised products.

It also prohibited the manufacture and sale of firecrackers joined in series, commonly known as ladis, and garlands. Firecrackers containing barium and those not approved by CSIR-NEERI remain prohibited.

4. Mandatory QR Codes for Product Verification

The Supreme Court introduced mandatory product-specific and batch-specific QR codes for approved green crackers. Each box must carry a QR code that, when scanned, reveals the manufacturer’s details, NEERI registration, PESO or District Magistrate licence, product formulation and test certificate.

The QR codes must be non-transferable, and their sale would constitute a violation attracting cancellation of registration or licence.

The requirement is intended to ensure product authenticity and prevent conventional firecrackers from being sold under misleading green-cracker labels.

5. Temporary Restoration of Traders’ Licences

The Court directed that previously cancelled traders’ licences be temporarily restored from 4 November to 6 November 2026 to facilitate the sale of approved green crackers purchased from certified manufacturers.

However, licences must be cancelled immediately if traders violate the prescribed conditions. The Court also directed manufacturers and traders to furnish substantial monetary security deposits, with the amount to be determined by the concerned authorities.

Any violation of the directions or applicable regulations would result in immediate forfeiture of the security deposit.

6. Sale Only at Designated Locations

District Collectors and Commissioners, in consultation with the concerned District Superintendents of Police, must identify designated locations for selling approved green crackers throughout Delhi-NCR.

The sale of firecrackers at unauthorised locations, including through online platforms, is prohibited. Authorities have also been directed to inspect vehicles entering Delhi-NCR to prevent the transportation of illegal and conventional firecrackers.

7. Police Patrolling and Enforcement

The Supreme Court directed police authorities and district administrations to constitute patrolling teams to monitor designated sale locations. These teams must conduct regular inspections, verify QR codes and ensure compliance with the prescribed restrictions.

Illegal or conventional firecrackers must be confiscated immediately, and prosecutions must be initiated against offending manufacturers and traders.

The Court further directed shopkeepers to display its directions prominently and provide information concerning permitted products, sale dates, bursting timings and complaint procedures.

Monitoring Air Quality and Public Health

The Supreme Court placed considerable emphasis on scientific monitoring to determine the environmental consequences of the temporary relaxation.

The Central Pollution Control Board, in consultation with State Pollution Control Boards and their regional offices, must prepare separate air-quality reports for the periods before, during and after Diwali.

The monitoring periods include 2–6 November 2026, 7–8 November 2026 and 9–30 November 2026. Authorities must also collect sand and water samples for comparative analysis and inspect allegedly non-functional air-quality monitoring stations.

Beyond environmental measurements, the Court directed authorities to collect information regarding the increase in hospital admissions following Diwali.

The reports must cover hospitals and health centres across Delhi-NCR up to 30 November 2026. These directions are significant because they seek to establish a reliable evidentiary basis for future decisions concerning firecracker regulation.

Rather than relying solely on assumptions regarding the effectiveness of restrictions, the Court has required authorities to produce measurable environmental and public-health data.

Accountability of Authorities and Compliance Reports

The Supreme Court expressed serious dissatisfaction with the repeated failure of authorities to implement previous directions. It observed that the lack of effective enforcement and inadequate reporting had undermined the purpose of earlier regulatory measures.

To ensure accountability, the Court directed the concerned State authorities to submit affidavits detailing the steps taken to implement its directions.

These reports must include information regarding security deposits, designated sale locations, enforcement measures, confiscations, prosecutions and environmental monitoring.

The authorities must also provide information concerning the increase in hospital admissions following Diwali. All compliance reports and supporting affidavits must be filed on or before 14 December 2026.

The Court warned that responsible officials could face contempt proceedings for non-compliance. The matter has been listed for further consideration on 16 December 2026.

Public Awareness and the Precautionary Principle

Apart from imposing regulatory restrictions, the Supreme Court emphasised the importance of changing public attitudes towards firecracker use.

The Bench observed that environmental protection requires preventive action rather than merely responding after damage has occurred. Referring to the Precautionary Principle, the Court encouraged a proactive approach to preventing environmental harm.

The Court directed the concerned authorities to publicise the restrictions and proposed pollution-control measures through newspapers, news channels, official websites and social media platforms.

Education departments across the National Capital Region must also take steps to sensitise schoolchildren about the environmental consequences of firecrackers.

Delhi Metro Rail Corporation has been directed to use its audio systems to disseminate public-awareness messages.

Additionally, the Court encouraged members of the Bar, celebrities, sportspersons and other prominent personalities to participate voluntarily in campaigns promoting environmentally responsible celebrations.

Legal Significance of the Supreme Court’s Order

The Supreme Court’s order carries implications for constitutional law, environmental governance and administrative accountability.

• It reiterates that religious freedom under Article 25 is subject to public health and other constitutional limitations. Religious or cultural practices cannot automatically override the fundamental right to a healthy environment under Article 21.
• The order recognises the importance of scientific evidence in environmental regulation. Although the Court acknowledged the harmful effects of firecracker pollution, it found insufficient material to determine whether the existing blanket ban was achieving its intended purpose.
• The order highlights the distinction between imposing restrictions and ensuring their effective implementation. The continued availability of illegal firecrackers despite the prohibition demonstrated the need for stronger monitoring and enforcement mechanisms.
• The Court’s directions concerning QR codes, security deposits, inspections and prosecutions seek to strengthen regulatory accountability.

Finally, the requirement to collect environmental and health-related data demonstrates the Court’s intention to evaluate the effectiveness of the temporary relaxation before considering further measures.

The order should therefore not be interpreted as an unrestricted permission to use firecrackers or as a finding that green crackers are environmentally harmless. It represents a temporary regulatory arrangement subject to continuing judicial supervision.

Click Here to Read the Official Order

Conclusion

The Supreme Court’s order in Arjun Gopal & Ors. v. Union of India & Ors. (2026 INSC 1181) reflects an attempt to reconcile the cultural significance of Diwali with the constitutional obligation to protect public health and the environment.

By permitting the limited use of certified green crackers on 7 and 8 November 2026, the Court has adopted a temporary regulatory approach while maintaining safeguards against pollution and unauthorised firecracker sales. The restoration of the complete ban from 9 November 2026 makes clear that the relaxation is not permanent.

The order also places substantial responsibility on government authorities to ensure compliance, prevent illegal sales, monitor environmental conditions and furnish reliable data regarding the impact of firecracker use.

Ultimately, the significance of the order extends beyond Diwali celebrations. It reinforces the principle that environmental protection requires not merely legal prohibitions but also effective implementation, scientific assessment, administrative accountability and public participation.