Supreme Court rules out firecracker ban, sets Diwali time limits
Synopsis
Key Takeaways
The Supreme Court on Wednesday, 30 September 2026, ruled out a complete ban on firecrackers ahead of Diwali, while simultaneously rejecting unrestricted round-the-clock bursting. A Bench of Justice M.M. Sundresh and Justice P.B. Varale said the court must strike a balance between religious sentiments tied to the festival and serious concerns over air pollution and its effects on vulnerable populations.
What the Court Said
'Neither we are going to agree with you for total ban. Nor are we going to allow them to do it 24 hours. A total ban will have some sentimental effect, number one. Number two, allowing them throughout the day will have a huge impact on every other living being, including old people, sick people and the children. We need to find a solution whereby we can give specified time, and we can specify what are the crackers to be used,' the Justice Sundresh-led Bench observed.
The remarks came during the hearing of a long-pending matter on the use of firecrackers and their environmental and public health impact. The court indicated it is inclined to permit specified categories of next-generation joint green crackers, subject to conditions governing manufacture, noise levels, number and size of shells, and the interval between successive bursts.
Barium-Based Crackers Under Review
Additional Solicitor General (ASG) Aishwarya Bhati sought time until 15 October to place on record the Central Pollution Control Board (CPCB) report on the environmental impact of barium-based firecrackers, noting that outdoor testing had not yet been completed. The Supreme Court granted the Centre and expert bodies time to finalise the assessment, posting the matter for further hearing on 15 October.
Joint Firecrackers and Government Position
The Union government had proposed permitting new-generation joint firecrackers subject to specified restrictions — including conditions on the number and size of shells and the time interval between bursts. The court indicated it was inclined to accept the recommendation, subject to prescribed safeguards.
The Bench also noted that several issues before it overlap with matters pending in the M.C. Mehta case concerning firecrackers in Delhi-NCR, currently before a Bench headed by Chief Justice of India (CJI) Surya Kant. Parties were permitted to raise the overlapping issues before the CJI's Bench so they could, if appropriate, be heard together. The Justice Sundresh-led Bench clarified it would not pass any order on the Delhi-NCR issue at this stage.
Background and Previous Orders
The issue has a substantial judicial history. In October 2025, the apex court had permitted the limited sale and use of NEERI-approved green crackers in Delhi and adjoining NCR areas during Diwali, subject to strict conditions including designated bursting hours and mandatory QR codes on permitted products. Crackers containing barium or those not carrying NEERI green-cracker approval were barred, as was the sale of firecrackers through e-commerce platforms.
The CPCB and State Pollution Control Boards had been directed to monitor air, water, and soil quality during the festive period and submit reports to the court. This year's proceedings build on that framework, with the court now examining whether next-generation joint crackers can be brought within a regulated regime.
What Happens Next
With Diwali approaching, the next hearing on 15 October will be critical — the court is expected to finalise which cracker categories are permitted, the permissible bursting window, and the fate of barium-based products. Enforcement agencies, the CPCB, and state pollution boards will all be under scrutiny to ensure compliance.