The Supreme Court on Monday signalled a shift in the way Delhi-NCR’s air pollution crisis is handled, saying it cannot be treated as a “customary” winter issue and must instead be examined twice a month to identify short and long-term solutions.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi stressed that stubble burning had become a political flashpoint without evidence that it is the dominant cause. “The issue of stubble burning should not unnecessarily become a political issue or an issue of ego,” the CJI said.

CJI Kant, who hails from a farmer’s family in Haryana’s Hissar, asked: “Stubble burning was there during COVID, but why could people still see clear blue skies? This suggests other factors are at play.”

“We do not want to comment on stubble burning as it is incorrect to pass the burden onto people (farmers) who are hardly represented in this court,” he added.

Seeking clarity on the immediate and long-term actions required, the bench asked the Centre to specify steps being taken by the Commission for Air Quality Management (CAQM), the Central Pollution Control Board (CPCB) and other agencies.

The matter will now be heard on December 10.

At the outset, the CJI said the Delhi pollution matter “cannot be listed customarily in the month of October” and must be taken up regularly at least twice a month.

Pointing to Monday’s Air Quality Index (AQI), he remarked, “My brother (Justice Bagchi) tells me that just because this item is listed today and heard … there is improvement in the AQI levels.”

The CJI then referred to unplanned urban growth and rising aspirational population in the country and said, "None of the cities of the country were developed to accommodate this scale of population or with the thought that each home will have multiple cars. Let us see which measures are suggested to us and how these measures are implemented or are only on paper." The development of cities should have a negative impact on the quality of life, the CJI said.

The bench said there should be a scientific analysis to ascertain the factor which is contributing the most to the problem.

"We cannot sit idle. Solutions must come from experts. The courts may or may not have those solutions, but we can provide a platform for all stakeholders to deliberate," the CJI said.

Amicus curiae and senior advocate Aparajita Singh submitted that vehicular pollution and dust remain the biggest contributors to Delhi's poor AQI.

She also flagged reports that several air quality monitoring devices were not functioning properly.

A counsel highlighted the chronic problem of cars parked on both sides of Delhi's roads.

The CJI observed that while metro projects would eventually be a game changer, short-term measures were urgently needed.

On November 27, the top court agreed to hear on December 3 a plea concerning the deteriorating air quality in the Delhi–National Capital Region (NCR), saying the issue needed to be monitored on a regular basis.

"What magic wand can a judicial forum exercise? I know this is hazardous for Delhi-NCR.

"We all know the problem. The issue is what the solution is. We need to identify reasons and… the solutions can be given by the domain experts only. We hope and expect that long-term solutions are found," the CJI had said.