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Every October, Delhi's sky turns the colour of weak tea and the same three arguments return: is the government doing enough, should cars be kept out, should crackers go? This week all three came back with fresh numbers.
A Centre for Research on Energy and Clean Air (CREA) analysis found that seven years into the National Clean Air Programme (NCAP), 117 of 130 cities still breathe dust above the national limit. Delhi is shutting out non-BS-VI vehicles from outside from 1 November. And the Supreme Court's preference for persuasion over prohibition on firecrackers has restarted the faith-versus-health debate.
For CLAT, that is a full set: static GK the exam likes (Articles 48A and 51A(g), CPCB, CAQM, PM2.5) plus an editorial argument built for assumption and inference questions.
- CREA's analysis of 130 NCAP cities, reported by The Wire, found 117 above the PM10 standard of 60 µg/m³ in 2025-26, the programme's final year. Before NCAP, the figure was 125.
- Against the revised goal of up to a 40% PM10 cut, only 21 cities beat 40% measured from 2017-18, and only 8 measured from 2019-20.
- Of ₹16,824 crore released, about ₹12,087 crore (72%) has been spent; some big spenders, such as Chennai, saw PM10 rise.
- Delhi bars non-BS-VI vehicles registered outside the city from 1 November 2026 to 31 January 2027; nearly 3.5 lakh Noida and Greater Noida vehicles are caught.
- The Supreme Court favoured awareness and voluntary restraint over blanket cracker bans and backed CSIR-NEERI green crackers; a Telegraph editorial says awareness alone won't do.
The backstory
What are we breathing?
PM10 is particulate matter 10 micrometres or less across: road and construction dust, industrial and vehicle particles, small enough to inhale. PM2.5 is the finer fraction, 2.5 micrometres or less, which goes deeper into the lungs and can enter the bloodstream. A Lancet Planetary Health study linked PM2.5 to 3.8 million deaths in India between 2009 and 2019, about 5% of all deaths, measured against Indian standards.
The legal scaffolding
The main law is the Air (Prevention and Control of Pollution) Act, 1981. The Central Pollution Control Board (CPCB), set up in September 1974 under the Water Act, was given powers under the Air Act too. In 2009 it notified the National Ambient Air Quality Standards (NAAQS): an annual limit of 60 µg/m³ (micrograms per cubic metre) for PM10 and 40 µg/m³ for PM2.5. A city that keeps failing them is a non-attainment city.
The 42nd Amendment, 1976 brought the environment into the Constitution. Article 48A, a Directive Principle, says the State shall endeavour to protect and improve the environment and safeguard forests and wild life. Article 51A(g), a Fundamental Duty, asks every citizen to protect and improve the natural environment and have compassion for living creatures.
Neither is enforceable in court by itself. The enforceable right came through judges, who read Article 21 (the right to life and personal liberty) to include the right to health and a clean environment. CLAT 2025 asked where the 42nd Amendment placed environmental protection.
NCAP and Delhi's extra layer
The environment ministry (MoEFCC) launched NCAP in January 2019 for 131 cities in 24 States and UTs. Each city wrote a City Action Plan against its own sources, such as road dust, vehicles, garbage burning and construction, and progress is tracked on the PRANA portal. The original target was a 20-30% cut in particulate levels by 2024; in April 2023 it became a cut of up to 40% in PM10, or meeting the 60 µg/m³ standard, by 2025-26.
Delhi and the National Capital Region (NCR) also have the Commission for Air Quality Management (CAQM), created by an Act of Parliament in 2021. Its area includes adjoining parts of Haryana, Punjab, Rajasthan and Uttar Pradesh, and where orders conflict, its directions prevail over the CPCB's.
What happened
The seven-year report card
CREA analyst Manoj Kumar compared PM10 in 130 NCAP cities across 2017-18 (the baseline), 2019-20 (year one) and 2025-26 (the deadline), using PRANA data and ministry replies in Parliament. The analysis came out on 25 October.
| Measure | 2017-18 (pre-NCAP) | 2019-20 (year one) | 2025-26 (deadline) |
|---|---|---|---|
| Cities above PM10 limit of 60 µg/m³ | 125 | 112 | 117 |
The number fell early, then crept back. After seven years, only eight fewer cities break the limit than before NCAP, and about nine in ten still do.
- From 2017-18: PM10 fell in 105 cities, but only 21 cut it by more than 40%. It rose in 23.
- From 2019-20: PM10 fell in 84 cities, only 8 by more than 40%. It rose in 43.
Why two baselines? Gains measured from 2017-18 may partly predate NCAP. Measured from the year it actually began, more cities have got worse.
Money spent, air not cleaner
Spending did not track results. Chennai used ₹449 crore, the most among cities where pollution rose, and its PM10 ended 20% above 2019-20. Visakhapatnam used ₹74 crore and saw PM10 rise 67.1% over 2017-18. Monitoring lags too: NCAP fell 465 short of its target of 1,500 manual stations by 2024.
CREA's prescription for what Kumar calls NCAP-2.0: plan by region and airshed, not city by city; tie funds to sources like industry and power plants; and target PM2.5. An airshed is an area where air behaves as one unit as pollutants disperse, so no single city inside it can clean its air alone.
Delhi's 1 November rule
On 20 October, Chief Minister Rekha Gupta announced Delhi's Winter Action Plan. From 1 November 2026 to 31 January 2027, vehicles registered outside Delhi that fail BS-VI norms cannot enter; electric and CNG vehicles and essential services are exempt. BS stands for Bharat Stage, India's vehicle emission standards. India jumped from BS-IV straight to BS-VI, skipping BS-V, and BS-VI vehicles have been sold nationwide since April 2020. The plan also brings 'no valid PUC, no fuel' and doubled parking fees.
Hindustan Times reports nearly 3.5 lakh Noida and Greater Noida vehicles will be shut out, and commuters say public transport near their homes is thin. Noida's traffic police added a wrinkle: under CAQM guidelines, non-end-of-life vehicles may run until GRAP's stricter stages (the Graded Response Action Plan of emergency curbs) apply. Two governments, one airshed, two rulebooks: the CREA argument in miniature.
The crackers question
At a hearing on NCR pollution, the Supreme Court favoured awareness and voluntary restraint over blanket bans that are hard to enforce, and questioned whether religious observance can justify harm to children and other vulnerable people. It backed green crackers developed with CSIR-NEERI (the National Environmental Engineering Research Institute, Nagpur): less polluting, not pollution-free.
The Telegraph's counterpoint: limited green crackers were allowed in 2025, yet average PM2.5 after Diwali reached 488 µg/m³, the highest since 2021. That reflects every source, not crackers alone. Its case is that awareness needs regulation behind it: certification, checks on manufacture and sale, and published before-and-after air data.
The legal frame dates to Arjun Gopal v. Union of India (October 2018), where the Supreme Court allowed only improved and green crackers to be made and sold, banned series crackers and online sales, and limited Diwali bursting to 8 pm-10 pm.
The debate
Nobody seriously disputes that the air is bad. The fight is over who bears the cost of fixing it, and how.
| Question | One side | The other side |
|---|---|---|
| Festivals: Article 21 or Article 25? | Health comes first. Article 25 itself makes religious freedom subject to public order, morality and health, and children did not choose to breathe a neighbour's celebration. | Article 25 protects practice, not just belief. Crackers are one source among many, so targeting festivals while traffic and crop-residue smoke continue feels selective to many believers. |
| Ban or persuade? | A ban is a clear rule police can enforce. Voluntary restraint has had years, and the 2025 post-Diwali reading shows it falls short. | Blanket bans are widely ignored and push sales underground, where nobody checks what is in the box. Awareness and certified green crackers change behaviour more durably. |
| Livelihoods | Trade cannot be built on harming others' health; the 2018 court recalled that environmental protection had been placed above the right to carry on business. | The 2018 court itself weighed the warning of unemployment for lakhs of people. Sudden bans hit the poorest workers first. |
| Keep outside vehicles out? | Older vehicles pollute more, and a seasonal entry rule is a quick lever Delhi actually controls. | It burdens commuters with no transit option while Delhi's own sources continue. Without better buses and Metro links, it shifts cost rather than cutting pollution. |
| City plans or airsheds? | Cities run roads, garbage and construction, and accountability is clearest when one civic body owns one plan. | Pollution crosses city and state lines; NCAP's results suggest city budgets cannot beat regional sources. |
We feel that Article 25 is subject to Article 21 and if a particular religious practice is threatening the health and lives of people, such practice is not to [be] entitled to protection under Article 25.
Settled: most NCAP cities missed the target, and religious practice does not override health. Contested: bans versus persuasion, and whether entry curbs are fair to NCR commuters. Unknown: what NCAP's next phase looks like, and whether green crackers make a measurable difference.
Facts you must know
| Item | What to remember |
|---|---|
| NCAP | Launched January 2019 by the MoEFCC; 131 cities in 24 States/UTs; original target 20-30% PM cut by 2024 (base 2017-18); revised to up to 40% PM10 cut or meeting the national standard by 2025-26 |
| PRANA | Portal for Regulation of Air Pollution in Non-Attainment Cities: NCAP's tracking portal |
| NCAP funding | 49 million-plus cities via the Fifteenth Finance Commission air quality grant; 82 cities via MoEFCC's Control of Pollution scheme |
| CPCB | Statutory body under MoEFCC; set up September 1974 under the Water Act, 1974; also given powers under the Air Act, 1981 |
| NAAQS | Notified by CPCB on 18 Nov 2009; annual limits: PM10 60 µg/m³, PM2.5 40 µg/m³ |
| CAQM | Statutory body under the CAQM in NCR and Adjoining Areas Act, 2021 (ordinance Oct 2020); replaced EPCA (1998); its directions prevail over CPCB and state boards in case of conflict |
| BS-VI | Bharat Stage emission norms; India leapfrogged from BS-IV to BS-VI; BS-VI vehicles nationwide since April 2020 |
| CSIR-NEERI | National Environmental Engineering Research Institute, Nagpur; developed green crackers (less polluting, not pollution-free) |
| Article 48A | DPSP: the State shall endeavour to protect and improve the environment and safeguard forests and wild life. Added by the 42nd Amendment, 1976 |
| Article 51A(g) | Fundamental Duty of every citizen: protect and improve the natural environment, including forests, lakes, rivers and wild life; compassion for living creatures. Added by the 42nd Amendment |
| Article 21 and Article 25 | 21: life and personal liberty, read to include health and a clean environment. 25: religious freedom, subject to public order, morality and health |
How CLAT could test this
An original CLAT-style passage, then five questions: two from the passage, three on linked static GK.
1. Which of the following statements is supported by the passage?
▸ Show solution
2. The analysts' argument that city-by-city plans should give way to airshed plans rests on which assumption?
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3. The passage ends by asking which should give way when celebration collides with clean air. The two provisions that the Constitution (Forty-second Amendment) Act, 1976 added on the environment, Article 48A and Article 51A(g), belong respectively to:
▸ Show solution
4. Delhi's vehicle curb operates within the National Capital Region, where a dedicated commission manages air quality. Which statement about the Commission for Air Quality Management (CAQM) is correct?
▸ Show solution
5. The national limit of 60 micrograms per cubic metre for PM10 mentioned in the passage is part of the National Ambient Air Quality Standards. These were notified by:
▸ Show solution
Connect the dots
Sources
- The Wire: Seven Years of Clean Air Promises and Rs 12,000 Crore Later, India Is Still Eating Dust
- The Telegraph: Capital haze, editorial on green crackers, festive celebrations and the right to clean air
- Hindustan Times: Delhi's non-BS VI vehicle ban from November 1 leaves Noida commuters worried
- WION: Delhi bans non-BS-VI vehicles from November 1 under winter pollution plan
- Autocar India: Delhi to ban non-BS6 vehicle entry from November 1
- PIB (MoEFCC): Strategies to reduce air pollution, Rajya Sabha reply, 25 July 2024
- PRS Legislative Research: The CAQM in NCR and Adjoining Areas Bill, 2021
- MoEFCC: Central Pollution Control Board
- CPCB notification on National Ambient Air Quality Standards, 18 November 2009 (UNEP LEAP)
- Indian Kanoon: Arjun Gopal v. Union of India, Supreme Court, 23 October 2018
Frequently asked questions
What is the National Clean Air Programme (NCAP)?
How many NCAP cities still exceed the PM10 standard?
What is Delhi's non-BS-VI vehicle ban from 1 November 2026?
What is the difference between PM2.5 and PM10?
Which articles of the Constitution deal with environmental protection?
What are green crackers?
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