Supreme Court relaxes Delhi fireworks ban for Diwali, designates time for ‘green crackers’

The Supreme Court on Monday allowed the sale of certified green crackers at designated locations in Delhi-NCR ahead of Diwali, permitting people to burst them only between 6 am and 7 am and 8 pm and 10 pm on November 7 and 8. The court clarified that the temporary relaxation would end on November 8, with the complete ban on firecrackers set to be restored from November 9.

A bench of Justices MM Sundresh and PB Varale directed that “(the) authorities shall ensure that bursting of firecrackers is allowed only between 6 am and 7 am, and 8 pm and 10 pm on November 7 and 8.” The October 29 order — made public on Monday — also allowed the manufacture of such crackers in the region for a limited time.

The court underlined that “the complete ban on the firecrackers, as imposed earlier, shall be restored with effect from November 9.”

The ruling added that “there shall not be any bursting of fireworks within a 300-metre radius of hospitals, nursing homes, primary and district health centres, old-age homes and any notified silence zones”. These areas will be declared as ‘No-Cracker Zones’, and shall be marked on the ground and published. Similar restrictions shall also be applicable to educational institutions.

Certification must

The order read, “The firecracker and fireworks manufacturers, who possess valid certification for the green crackers, as certified by the CSIR – National Environmental Engineering Research Institute (NEERI), as well as Petroleum and Explosives Safety Organisation (PESO), are permitted to manufacture only those green crackers that have been uploaded on the website of CSIR-NEERI from November 2 to November 6.”

The bench ordered that “the licences of traders that have been cancelled, shall be restored for a temporary period commencing from November 4 to November 6 to facilitate the sale of approved green crackers purchased from CSIR-NEERI certified manufacturers. Such licences shall be immediately cancelled, if they are found flouting the aforesaid directions, and they shall be prohibited from selling the firecrackers during the remaining period.”

The order added, “All necessary efforts will have to be made to ensure due compliance as endeavours should be made not to cause any inconvenience to those who are suffering from ailments.”

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It further said that “boxes containing the green crackers must be completely sealed to ensure that they are not mixed with any of the unauthorised or conventional firecrackers” and “there shall be no manufacture or sale of firecrackers joined in series (‘ladis’) and garlands” or firecrackers that use Barium. “Each of such boxes shall contain the QR code, and there shall be sale of only those firecrackers that carry product-specific QR codes,” it stated.

The Supreme Court had on October 23, 2018, in the case Arjun Gopal & Ors. v. Union of India & Ors., while striking a balance between competing interests of concerns about air pollution and the religious significance of Diwali, permitted manufacture and sale of crackers with reduced emission – improved crackers, and Green Crackers.

Later, in 2024, pursuant to the directions issued by the court in M.C. Mehta v. Union of India & Ors, the Government of the National Capital Territory of Delhi (GNCTD) on December 19, 2024, imposed a complete perpetual ban on manufacturing, storage, selling and bursting all kinds of firecrackers throughout the year, with immediate effect from January 1, 2025. However on October 15, 2025, the SC in the M.C. Mehta case relaxed the total ban and allowed sale and use of green crackers as a temporary measure.

‘Problem lies in implementation’

The latest order, which came on applications for and against a total ban on manufacture, sale and use, said that while it is a fact that bursting firecrackers would certainly cause pollution, “…we find that the measures undertaken either by the authorities based on the orders of this Court or by their own, have not yielded the desired result. Therefore, it can be seen that the problem lies in the implementation. Certainly, there has to be better coordination amongst all relevant stakeholders. We are of the opinion that the process of regulating, implementing and monitoring by the authorities should continue not only during the festival times, but more importantly, even thereafter.”

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It said that “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 to solve the problem of environmental pollution, caused by bursting firecrackers. At the cost of repetition, this Court has not been furnished with adequate data as to whether the complete ban on firecrackers imposed in 2024 in Delhi-NCR has served its purpose, particularly, since there has been no significant improvement in the AQI readings.”

The order stated that the temporary relaxation granted last year in October “was also to enable the States to precisely determine the effects of allowing bursting of green crackers on the environment and health, and place its findings before this Court, to enable it to take a decision. Unfortunately, we find that the State has utterly failed in complying with the directions thereunder.”

The court said “thereafter, the situation has not improved even after resumption of the complete ban on firecrackers… Further, it is worrisome to note that despite the complete ban having resumed…conventional firecrackers were sold and continue to be sold under the guise of green crackers. This clearly indicates that the complete ban is not only facilitating the illegal sale of firecrackers, but also preventing people from purchasing legitimate green crackers and Next-Generation Joined Green Crackers, which have been tested at established facilities.”

The SC asked “authorities concerned to mandate all manufacturers and traders of firecrackers in Delhi-NCR to furnish a monetary security, which shall be a handsome amount, as determined by them” and the same “shall immediately stand forfeited, in case any manufacturer or trader of firecrackers violates any of the directions passed by this Court, and the regulations governing.”