Firecracker Ban | Supreme Court Temporarily Lifts Blanket Ban on Green Crackers for Diwali

In a major decision balancing environmental standards with cultural celebrations, the Supreme Court has temporarily lifted the blanket ban on firecrackers in the Delhi-NCR region to permit the regulated sale and bursting of certified green crackers. Citing the lack of conclusive empirical data on the efficacy of total bans and the unchecked rise of contraband products, the Apex Court instituted strict time windows and regulated channels while restoring the complete ban immediately following the festive period.

A bench of Justice M.M. Sundresh and Justice Prasanna B. Varale modified previous orders while hearing interlocutory applications seeking directions on firecracker regulations in the National Capital Region. The bench addressed competing claims from firecracker manufacturers, trading associations, environmental petitioners, and government bodies regarding air quality degradation and commercial rights.

The Supreme Court emphasized that environmental integrity cannot be sacrificed, noting that fundamental rights are subject to public health considerations. The Bench observed that "It is not in dispute that the right to practice, profess and propagate religion conferred under Article 25(1) of the Constitution is certainly subject to public order, morality, health and other provisions of Part III of the Constitution. This Court has repeatedly held that the 'right to life' envisaged under Article 21 of the Constitution includes the right to a healthy, safe and a pollution-free environment... Therefore, 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."

Addressing the failure of blanket bans in preventing illegal sales, the Apex Court issued specific directions to ensure strict compliance across the region. The Court has following directions:

"A. The permission to burst firecrackers is granted on the same lines, as passed by this Court vide order dated 15.10.2025. Accordingly, the authorities shall ensure that bursting of firecrackers is allowed only between 6:00 A.M. – 7:00 A.M. and 8:00 P.M. – 10:00 P.M. on 7th and 8th November, 2026.
B. 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. The same restriction shall also be applicable to educational institutions. 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.
QUA MANUFACTURERS AND TRADERS
C. The firecracker and fireworks manufacturers who possess valid certification for the Green Crackers, as certified by the CSIR-NEERI, as well as PESO, are permitted to manufacture only those Green Crackers that have been uploaded on the website of CSIR-NEERI from 02.11.2026 to 06.11.2026.
D. The boxes containing the Green Crackers must be completely sealed to ensure that they are not mixed with any of the unauthorised or conventional firecrackers.
E. There shall be no manufacture or sale of firecrackers joined in series (‘ladis’) and garlands. It is reiterated that the use of firecrackers with Barium and those not approved by the CSIR-NEERI as Green Crackers, shall not be permitted.
F. Each of such boxes shall contain the QR code, and there shall be sale of only those firecrackers that carry product-specific QR codes. Every box should carry a QR code issued for the specific product and batch. Upon scanning the QR code, it should show the manufacturer, NEERI registration, PESO/DM License, formulation and test certificate. QR codes must be non-transferable, and the sale of QR codes shall be treated as a violation leading to cancellation of registration license.
G. The licences of traders that have been cancelled, shall be restored for a temporary period commencing from 04.11.2026 to 06.11.2026, 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.
QUA STATE MACHINERY
H. We direct the concerned authorities 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. The said security deposit 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.
I. The District Collectors/Commissioners, in consultation with the concerned District Superintendent of Police, shall identify and designate locations in the entire National Capital Region to facilitate the sale of the Green Crackers. The sale of firecrackers shall be strictly prohibited in any other location, other than the designated ones, including sale through online platforms.
J. Steps will have to be taken to stop the flow of illegal and conventional firecrackers. For the aforesaid purpose, the concerned authorities will have to check the vehicles entering into the territory of Delhi-NCR and take appropriate actions.
K. Measures must also be taken by the authorities to put up banners at such designated locations, including shops, to inform the general public of the following:
i. Mode of identifying if the goods that are being sold are CSIR-NEERI approved Green Crackers.
ii. To ensure that the boxes in which the Green Crackers are being sold are properly sealed.
iii. The dates on which the sale of Green Crackers is permitted, as well as the dates and timings at which bursting of Green Crackers is permitted.
iv. The mode on how and where to file any complaint against the manufacturers or traders, who are found to be violating the directions passed by this Court and the regulations governing.
v. The consequential action that will be taken for bursting the firecrackers beyond the stipulated time, as provided by this Court.
In the context of the aforesaid directions, we further direct that the shopkeepers and traders shall affix a copy of these directions in a conspicuous place in their shops and also facilitate the concerned authorities to ensure necessary compliance.
L. The Police authorities, in coordination with the District administration in Delhi-NCR, shall constitute patrolling teams consisting of a sufficient number of Police officers and other necessary personnel, to keep a vigil on the designated locations of sale of such Green Crackers.
M. The patrolling teams are directed to acquaint themselves with this order and the directions issued herein. They shall also be acquainted with the requisite details of the Green Crackers, as uploaded on the website of CSIR-NEERI.
N. The teams shall undertake regular reconnaissance in such designated sites to ensure compliance with the directions contained herein. Illegal or conventional firecrackers shall be confiscated immediately, and prosecutions shall be initiated against the offending manufacturers or traders, including those who have violated any of the directions passed by this Court and the regulations governing. These teams shall also conduct checks at random intervals of the QR codes contained on the products to ensure their veracity and authenticity.
O. The CPCB, in consultation with the State Pollution Control Boards and their respective regional offices within the districts coming under the NCR, shall monitor the AQI readings in their respective jurisdictions and prepare reports in the following manner:
i. Pre-Diwali report: A report shall be prepared specifying the air quality of each day from 02.11.2026 to 06.11.2026.
ii. Diwali report: A report shall be prepared specifying the air quality of each day on 07.11.2026 and 08.11.2026.
iii. Post-Diwali Report: A report shall be prepared specifying the air quality of each day from 09.11.2026 to 30.11.2026.
iv. Samples of sand and water shall also be collected during the aforesaid period in order to do a comparative analysis.
P. The AQI Monitoring Stations, which are alleged to be non-functional, as no data could be retrieved therefrom, ought to be inspected once again. If any defects in their functioning are found, they will have to be rectified with immediate effect. All possible endeavours shall be made for effective monitoring of AQI levels.
Q. Appropriate measures will have to be taken after the festival is over. This will include the clearing of all solid waste, as well as its management and disposal. Further, the most polluted areas shall be cleansed using water sprinklers, amongst any other measures that may possibly be undertaken.
R. The State Authorities, including the Government of GNCTD, shall duly notify and publish the measures proposed to be taken, including the Winter Action Plan 2026, Air Pollution Mitigation Plan 2026 and the CAQM Annual Action Plan amongst others, along with their advisory in the leading newspapers and news channels.
S. The Secretaries of the concerned Education Departments of all the States falling within the National Capital Region to take adequate steps to sensitize the children studying in schools on the impact of pollution, especially during the festival times.
T. The State shall direct the respective departments to take steps to notify and publish the directions contained herein, and the measures proposed to be taken by the State machinery to comply with the same. It shall also contain awareness regarding the harmful effects of bursting firecrackers on the environment and health of all living beings. The concerned departments shall also publish the same on their official websites and their social media handles. The State shall also direct the Delhi Metro Rail Corporation to use its audio systems for achieving the said purpose.
U. Needless to the state that the complete ban on the firecrackers, as imposed earlier, shall be restored with effect from 09.11.2026."

Background

The dispute originates from long-standing writ petitions addressing severe air pollution in the Delhi-NCR region post-Diwali. In Arjun Gopal & Ors. v. Union of India & Ors., the Supreme Court permitted green crackers with reduced emissions. Later, in M.C. Mehta v. Union of India & Ors., complete bans were enforced across Delhi, Uttar Pradesh, and Haryana. Subsequent orders evaluated the implementation and viability of green crackers.

Applications were filed by trade associations seeking license restorations, the Ministry of Environment, Forests and Climate Change seeking approval for improved formulations, and original petitioners demanding a complete ban. The Supreme Court observed that blanket bans led to contraband sales of conventional crackers under the guise of green crackers. Consequently, the Court opted for temporary regulation with strict monitoring, ordering compliance affidavits from state machinery by December 14, 2026.

Case Details:
Case No.: I.A. No. 245432/2026 in Writ Petition (Civil) No. 728/2015
Neutral Citation: 2026 INSC 1181
Case Title: Arjun Gopal & Ors. v. Union of India & Ors.
Appearances:
For the Petitioner(s): Ms. Uttara Babbar (Amicus Curiae), Mr. Gopal Sankaranarayanan (Senior Advocate)
For the Respondent(s): Mr. J. Sai Deepak (Senior Advocate), Ms. Aishwarya Bhati (Additional Solicitor General of India)

Source: 2026 CaseBase(SC) 9518