Pratidin
Polity and governance1 October 2026The Hindu, NewsGS3GS2

Supreme Court rules out a total firecracker ban, open to next-generation green crackers

Neither a total ban nor round-the-clock bursting: where will the court draw the line this Deepavali?

Published 1 October 2026. Written by Pratidin from the reports linked at the end; every fact checked by a separate review before publishing. How we work

On 30 September 2026 a Bench of Justices M.M. Sundresh and P.B. Varale of the Supreme Court said it would neither impose a total ban on firecrackers nor allow unrestricted bursting. 'Neither we are going to agree with you for total ban. Nor are we going to allow them to do it 24 hours,' Justice Sundresh said. The Bench said it was trying to balance festival sentiment with harm to 'old people, sick people and the children'. It indicated it may allow next-generation joined green crackers recommended by CSIR-NEERI (the Council of Scientific and Industrial Research's National Environmental Engineering Research Institute), with conditions on noise, the size and number of shells and the interval between bursts.

The hearing is part of Arjun Gopal v. Union of India, a petition filed in 2015 on behalf of three children seeking a ban on firecrackers because of air pollution. Additional Solicitor General Aishwarya Bhati asked for time until 15 October for the Central Pollution Control Board's report on barium-based crackers, saying outdoor tests were still pending. The Court listed the case for 15 October. 'Joined' crackers are strings of crackers (laris) that burst in a series. The Court had banned them, and barium salts, in its 2018 judgment in the same case, and refused to relax those bans in September 2023.

In its 23 October 2018 judgment, a Bench of Justices A.K. Sikri and Ashok Bhushan allowed only 'green' and reduced-emission crackers, banned online sales and fixed bursting hours of 8 p.m. to 10 p.m. on Deepavali and 11.55 p.m. to 12.30 a.m. on Christmas and New Year. In October 2025 the Court allowed green crackers in Delhi-NCR from 18 to 21 October, 6 a.m. to 7 a.m. and 8 p.m. to 10 p.m., with QR codes for traceability. Supporters of a ban point to Article 21's right to clean air; the Bench itself pointed to festival sentiment, and those opposing a ban cite livelihoods in the trade.

Practise this in the app: flashcards, quiz and a timed answer
Prelims

Prelims facts

  • On 30 September 2026 the Supreme Court (Justices M.M. Sundresh and P.B. Varale) ruled out both a total ban and unrestricted bursting of firecrackers.
  • The Bench is open to next-generation joined green crackers recommended by CSIR-NEERI, subject to conditions; the next hearing is on 15 October.
  • The case is Arjun Gopal v. Union of India, filed in 2015 on behalf of three children.
  • The 2018 judgment allowed only green and reduced-emission crackers, banned joined crackers, barium salts and online sales, and fixed 8 p.m. to 10 p.m. for Deepavali.
  • In September 2023 the Court refused to permit barium-based or joined crackers.

Quick recall

Bench in the 30 September 2026 firecracker hearing
Justices M.M. Sundresh and P.B. Varale.
Main case on firecracker regulation
Arjun Gopal v. Union of India, filed in 2015 on behalf of three children.
Deepavali bursting window set in 2018
8 p.m. to 10 p.m.
Christmas and New Year window set in 2018
11.55 p.m. to 12.30 a.m.
Chemical salts banned in crackers in 2018
Barium salts.
Institute that recommends green cracker formulations
CSIR-NEERI (National Environmental Engineering Research Institute).
Delhi-NCR green cracker window allowed in October 2025
18 to 21 October, 6 a.m. to 7 a.m. and 8 p.m. to 10 p.m., with QR codes.
Next hearing date in the 2026 firecracker matter
15 October 2026, for the CPCB report on barium-based crackers.

Prelims practice question

In its 2018 judgment in Arjun Gopal v. Union of India, the Supreme Court fixed which time window for bursting crackers on Deepavali?

  1. 6 p.m. to 8 p.m.
  2. 8 p.m. to 10 p.m.
  3. 10 p.m. to 12 midnight
  4. 11.55 p.m. to 12.30 a.m.
Show answer

Answer: (b) 8 p.m. to 10 p.m.. The 2018 judgment allowed 8 p.m. to 10 p.m. on Deepavali and other festivals; 11.55 p.m. to 12.30 a.m. was fixed for Christmas and New Year.

Use this in UPSC Mains: previous-year questions

Recurring theme: Air pollution control, environmental rights under Article 21 and judicial regulation

  1. 2021 · GS3 · 10 marksCovers one partUse it in the example

    Describe the key points of the revised Global Air Quality Guidelines (AQGs) recently released by the World Health Organisation (WHO). How are these different from its last update in 2005? What changes in India's National Clean Air Programme are required to achieve these revised standards?

    How to use this

    Use it as an example of the source-specific, seasonal controls India relies on to cut particulate peaks, the kind of action any tightening of clean air goals will need.

    • In Arjun Gopal v. Union of India (2018), the Supreme Court allowed only green and reduced-emission crackers, banned joined crackers, barium salts and online sales, and limited Deepavali bursting to 8 p.m. to 10 p.m.
    • In October 2025 the Court allowed green crackers in Delhi-NCR only from 18 to 21 October, at fixed hours, with QR codes for traceability.
    • On 30 September 2026 the Bench signalled it may allow CSIR-NEERI's next-generation joined green crackers with conditions on noise, shell size and number, and bursting intervals; the CPCB barium report is awaited.
  2. 2025 · GS1 · 15 marksCovers one partUse it in the example

    Achieving sustainable growth with emphasis on environmental protection could come into conflict with poor people's needs in a country like India. Comment.

    How to use this

    Use the firecracker case to show courts balancing environmental protection against livelihoods and cultural practice through regulation rather than prohibition.

    • On 30 September 2026 Justices Sundresh and Varale refused both a total ban and unrestricted bursting, balancing festival sentiment against harm to 'old people, sick people and the children'.
    • Supporters of a ban cite the Article 21 right to clean air, while opponents cite livelihoods in the cracker trade.
    • The Court's middle path since 2018 is product and time limits: green and reduced-emission crackers only, fixed bursting hours and, now possibly, next-generation crackers recommended by CSIR-NEERI.

Mains practice question

Courts have repeatedly been asked to ban firecrackers on environmental grounds. Discuss how the Supreme Court has balanced the right to a healthy environment with festival traditions and livelihoods. (150 words)

Model answer

On 30 September 2026 the Supreme Court refused both a total ban and unrestricted bursting of firecrackers, continuing a decade of calibrated orders in Arjun Gopal v. Union of India.

The rights at stake

  • Article 21: the Court reads the right to life to include clean air and health.
  • Festivals and trade: firecrackers are linked to celebrations and to the livelihoods of manufacturers and traders.

How the Court has balanced them

  • 2018: only green and reduced-emission crackers; joined crackers, barium salts and online sales banned; bursting limited to 8 p.m. to 10 p.m. on Deepavali.
  • 2023: refused to relax the barium and joined-cracker bans.
  • 2025: limited green crackers in Delhi-NCR with fixed hours and QR codes.
  • 2026: open to next-generation joined green crackers recommended by CSIR-NEERI, with conditions.

Concerns

  • Weak enforcement of hours and products.
  • Reliance on expert bodies for testing.

The Court has chosen regulation over prohibition, but its success depends on enforcement.

The basics

Why this matters

Every autumn, as air quality worsens across north India, the question of firecrackers returns to the Supreme Court. The Court has never ordered a nationwide total ban. Instead it has regulated what may be burst, when, and how it is sold. The 30 September 2026 hearing continues that approach.

A decade of firecracker orders in one case
  1. 2015Petition filed on behalf of three children in Arjun Gopal v. Union of India
  2. 23 October 2018Only green and reduced-emission crackers allowed; joined crackers, barium salts and online sales banned; time windows fixed
  3. 22 September 2023Court refuses to permit barium-based and joined crackers
  4. 15 October 2025Green crackers allowed in Delhi-NCR from 18 to 21 October with fixed hours and QR codes
  5. 30 September 2026No total ban and no 24-hour bursting; Court open to next-generation joined green crackers

The legal root

The Supreme Court treats clean air as part of the right to life. See Right to a healthy environment under Article 21. Using this, it can direct the government on pollution even without a specific law. The leading case on crackers is Arjun Gopal v. Union of India.

What the 2018 judgment fixed

Key directions of the 2018 judgment
  1. 1ProductsOnly green and reduced-emission crackers
  2. 2BannedJoined (series) crackers and barium salts
  3. 3SalesLicensed traders only; no online sale
  4. 4Hours8 p.m. to 10 p.m. on Deepavali; 11.55 p.m. to 12.30 a.m. on Christmas and New Year

Green crackers and the new question

Green crackers are formulations developed by CSIR-NEERI to reduce emissions and avoid banned chemicals. 'Joined' crackers, strings that burst in a series, were banned in 2018 because they produce heavy smoke, noise and waste. In 2026 the Court indicated that next-generation joined green crackers, recommended by CSIR-NEERI, may be allowed under conditions on noise, shell size and intervals. Licensing and testing of explosives sit with the Petroleum and Explosives Safety Organisation.

The two positions the Court rejected
Total ban
  • Sought by petitioners on health grounds
  • Court says it hurts festival sentiment
  • Court says it will not agree to a total ban
vs
Unrestricted bursting
  • Would harm the old, the sick and children
  • Worsens autumn air quality
  • Court says no 24-hour bursting

Go deeper

In one line: The Supreme Court has said it will not ban firecrackers outright or allow them round the clock, and is considering next-generation joined green crackers for this festival season.

Why it matters for UPSC

GS3 pollution and GS2 judiciary: the case shows how courts use Article 21 to regulate everyday activity. Prelims can ask about the 2018 directions, CSIR-NEERI and PESO.

The core idea

The Court treats clean air as part of the Right to a healthy environment under Article 21. In Arjun Gopal v. Union of India it chose regulation over prohibition: only Green crackers, fixed hours and no online sales. The Petroleum and Explosives Safety Organisation licenses and tests explosives, including fireworks. In 2026 the open question is whether newer joined green crackers and barium-based formulations can be permitted.

Numbers and dates to remember

  • 2015: petition filed on behalf of three children.
  • 23 October 2018: green crackers only; 8 p.m. to 10 p.m. on Deepavali; 11.55 p.m. to 12.30 a.m. on Christmas and New Year.
  • 22 September 2023: barium and joined crackers refused.
  • 15 October 2025: Delhi-NCR green crackers 18 to 21 October.
  • 30 September 2026: no total ban, no 24-hour bursting; next hearing 15 October 2026.

Where to go next

Go deeper: regulation, prohibition or enforcement?

The case for a ban. Petitioners argue that crackers add to already severe autumn pollution, harming children, the elderly and the sick. They rely on the Right to a healthy environment under Article 21 and point to repeated violations of time limits.

The case for regulation. The Court has not ordered a total ban in any of its orders in this case. Those opposing a ban point to festivals and to the livelihoods of workers in the trade. In Arjun Gopal v. Union of India it set product rules, hours and sales limits instead. In 2023 Justice Sundresh was on the Bench that refused barium-based and joined crackers. In 2026 his Bench is open to next-generation joined Green crackers if experts certify them.

The role of experts. The Court depends on CSIR-NEERI for formulations, the CPCB for emission tests and the Petroleum and Explosives Safety Organisation for licensing. The Centre's request for time until 15 October for the barium report shows how judicial timelines depend on these bodies.

Enforcement is the weak link. Orders on hours, QR codes and designated sale points require police and pollution boards to act on the ground. Enforcement has come up repeatedly in the case.

Separation of powers. Detailed rules on chemicals and hours are normally executive work. The Court's continuing supervision of the case is an example of continuing mandamus in environmental matters.

Arjun Gopal v. Union of India

The case behind every firecracker order since 2015.

In one line: Arjun Gopal v. Union of India is the Supreme Court case, filed in 2015 on behalf of three children, through which the Court has regulated firecrackers.

The 2018 judgment

On 23 October 2018, Justices A.K. Sikri and Ashok Bhushan refused a total ban but directed that:

  • only green and reduced-emission crackers may be made and sold;
  • joined (series) crackers and barium salts are banned;
  • sales are only through licensed traders, with no online sale;
  • bursting is limited to 8 p.m. to 10 p.m. on Deepavali and other festivals, and 11.55 p.m. to 12.30 a.m. on Christmas and New Year.

Later orders

In September 2023 the Court refused to relax the barium and joined-cracker bans. On 30 September 2026 it said it may allow next-generation joined green crackers with conditions.

Where to go next

Green crackers

What makes a cracker 'green'.

In one line: Green crackers are firecracker formulations developed by CSIR-NEERI to cut emissions and avoid banned chemicals such as barium salts.

Why barium matters

Barium compounds, such as barium nitrate, give fireworks a green colour and help them burn. They release fine particles and toxic residue. The 2018 judgment banned barium salts in crackers.

What 'joined' means

Joined crackers, or laris, are strings that burst one after another. They were banned in 2018 because of the smoke, noise and waste they produce. In 2026 the Court indicated that next-generation joined green crackers recommended by CSIR-NEERI may be allowed, with conditions on noise, the size and number of shells, and intervals between bursts.

Traceability

The Court's October 2025 order required QR codes on green crackers so that buyers and officials can check they are genuine.

Where to go next

Right to a healthy environment under Article 21

The constitutional basis for the Court's orders.

In one line: The Supreme Court has read the right to life under Article 21 to include the right to a clean and healthy environment.

How the right developed

  • In Subhash Kumar v. State of Bihar (1991) the Court said the right to life includes the right to enjoy pollution-free water and air.
  • In a series of M.C. Mehta cases it gave directions on vehicle pollution, industries and the Taj Mahal.
  • Article 48A (a Directive Principle) asks the State to protect the environment, and Article 51A(g) makes it a fundamental duty of citizens. Both were added by the 42nd Amendment in 1976.

Why it is in the news

The firecracker case rests on this right. The Court weighs it against festival traditions and the livelihoods of those in the trade.

Where to go next

Petroleum and Explosives Safety Organisation

The regulator that licenses fireworks.

In one line: The Petroleum and Explosives Safety Organisation (PESO) is the central body that regulates the manufacture, storage, transport and sale of explosives, including fireworks.

What it does

PESO works under the Department for Promotion of Industry and Internal Trade (DPIIT) in the Ministry of Commerce and Industry. It administers the Explosives Act, 1884 and the rules made under it. It grants licences to fireworks manufacturers and checks that the chemicals used are permitted.

Why it is in the news

The 2018 judgment directed PESO to review the chemical composition of crackers. Any permission for next-generation joined green crackers or new barium formulations will depend on testing and licensing by PESO along with CSIR-NEERI and the Central Pollution Control Board.

Where to go next

Prelims-style quiz

  1. Consider the following statements:
    Statement-I: The Supreme Court can issue directions restricting the bursting of firecrackers to protect air quality.
    Statement-II: The Supreme Court has interpreted the right to life under Article 21 to include the right to a healthy environment.
    Which one of the following is correct in respect of the above statements?

    1. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
    2. Both Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
    3. Statement-I is correct but Statement-II is incorrect
    4. Statement-I is incorrect but Statement-II is correct
    Show answer

    Answer: (a) Both Statement-I and Statement-II are correct and Statement-II explains Statement-I. Both are correct. Because clean air is read into Article 21, a fundamental right, the Court can issue directions to protect it, including limits on crackers; Statement-II explains Statement-I.

  2. Consider the following statements about the 30 September 2026 hearing:
    1. The Bench ruled out a total ban on firecrackers.
    2. The Bench ruled out bursting of crackers 24 hours a day.
    3. The Bench indicated it may allow next-generation joined green crackers under conditions.
    4. The Bench finally allowed barium-based crackers.
    How many of the statements given above are correct?

    1. Only one
    2. Only two
    3. Only three
    4. All four
    Show answer

    Answer: (c) Only three. 1, 2 and 3 are correct. 4 is incorrect: the Centre sought time until 15 October for the CPCB report on barium-based crackers, and no permission was given.

  3. Which organisation administers the Explosives Act, 1884 and licenses the manufacture of fireworks in India?

    1. Central Pollution Control Board
    2. Bureau of Indian Standards
    3. Petroleum and Explosives Safety Organisation
    4. Commission for Air Quality Management
    Show answer

    Answer: (c) Petroleum and Explosives Safety Organisation. PESO, under the Department for Promotion of Industry and Internal Trade, administers the Explosives Act, 1884 and grants licences. The CPCB monitors pollution; BIS sets standards; CAQM manages air quality in the NCR.

  4. Consider the following statements:
    1. In September 2023 the Supreme Court refused to permit firecrackers with barium.
    2. In October 2025 the Supreme Court allowed green crackers in Delhi-NCR without any time restriction.
    Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: (a) 1 only. 1 is correct: on 22 September 2023 the Court refused barium-based and joined crackers. 2 is incorrect: the 2025 order allowed bursting only from 6 a.m. to 7 a.m. and 8 p.m. to 10 p.m., from 18 to 21 October.

  5. Consider the following statements about the Supreme Court's 2018 judgment in Arjun Gopal v. Union of India:
    1. It banned the online sale of firecrackers.
    2. It banned joined (series) crackers.
    3. It imposed a total ban on firecrackers in Delhi-NCR.
    How many of the statements given above are correct?

    1. Only one
    2. Only two
    3. All three
    4. None
    Show answer

    Answer: (b) Only two. 1 and 2 are correct. 3 is incorrect: the Court refused a complete ban and instead allowed green and reduced-emission crackers within fixed hours.

Syllabus

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