By placing curbs on registration of certain diesel vehicle categories in Delhi and surrounding areas, the Supreme Courthas reaffirmed that the right to breathe clean air is a justiciable principle, over which the court can provide an adequate resolution. There has been considerable criticism over whether the courts have the requisite expertise to intervene in policy matters, which lie squarely in the domain of governments, or fix environmental taxes. But with Delhi’s air quality levels even prompting talk of shutting schools on the bad days of extreme pollution, the court’s intervention must be seen in the light of a public health emergency. Thankfully, the judiciary’s consistent focus on the issue in recent times have forced the Delhi governmentto act, which to its credit, has announced measures that could halve the number of vehicles on road, shut polluting power plants, and initiate vacuum cleaning on streets.

While banning the registration of all diesel SUVs and luxury cars with engine capacity of 2000 cc or more in the National Capital Region till March 31 next year, the court appears to have decided that these cars are the worst culprits. However, Chief Justice TS Thakur set the tone for this decision during a hearing on Tuesday by invoking the principle of equity. Noting that it was “not fair for the rich to buy luxury cars and pollute Delhi”, he said the clean-up drive should begin from the rich and affluent who could afford to contribute more than the common man. In recent years, diesel cars had become particularly attractive because of the price differential between petrol and diesel. Diesel subsidy was meant to benefit farmers who own tractors, trucks transporting essential commodities, and those who use public transport, but it had the unintended effect of making diesel cars attractive. But with pollution and climate change becoming an unavoidable aspect of public discourse, disincentives like higher road tax and other green taxes must be levied on private diesel vehicles.

There is also the argument that emissions from diesel generator sets, construction activity and waste burning are not being factored in sufficiently by the courts and the government. But several studies have found that particulate matter levels in cities are highest near road surfaces and pose health threats to both commuters and residents living nearby. Delhi’s satellite cities like Noida, Gurgaon, Faridabad and Ghaziabad face the problem of perennial power shortage and rely on diesel gen-sets around the clock. These cities have witnessed a construction boom over the past decade further aggravating the problem. In fact, pollution levels in these satellite cities, which are also industrial hubs, are as bad as Delhi. Delhi’s woes have been compounded by the phenomenal urban sprawl that its economic growth has spawned.

By expanding the ambit of its orders to the entire NCR region, the Supreme Court has also put the onus on Haryana and Uttar Pradesh, which have administrative control over these satellite cities. The fight against pollution may have started with curbs on diesel and heavy vehicles but these are clearly only interim measures. With oil prices at a historic low, the Centre must seize this window of opportunity and initiate the expensive investments that oil refineries need to upgrade to cleaner Bharat Stage V and VI fuels. State pollution control boards have been hampered by manpower shortages, technological obsolescence and institutional neglect. Rather than entrust the task of unpopular decision-making to the judiciary, governments have to expand their scientific and technological knowhow about pollution mitigation measures and come up with credible policies and solutions.