Legal and Policy Framework for Air Pollution Control in India: Challenges and Effectiveness
Learn about all the legal and policy frameworks around air pollution in India. Discover the
background of this problem and how various legal frameworks have tried to mend the issue over
the years.
Introduction
Air pollution in India has reached a critical stage, posing severe health risks and environmental
challenges. Recent studies indicate that India is among the most polluted countries globally, with
significant reductions in life expectancy due to poor air quality.
Once considered a localized issue affecting major cities like Delhi and Mumbai, air pollution has now
permeated rural and semi-urban areas, turning into a nationwide crisis. According to a 2024
report by IQ Air, 39 of the world’s 50 most polluted cities
are in India, with pollution levels exceeding World Health Organization (WHO) safety limits.
The economic impact is staggering, with pollution-related health conditions costing the Indian economy
billions annually in lost productivity and healthcare expenses. Despite multiple policies and regulatory
frameworks, issues such as weak enforcement, inadequate implementation, and competing economic
priorities hinder progress.
The judiciary has
played an essential role through landmark Supreme Court judgments, yet air pollution remains a growing
challenge. This paper examines the root causes of India’s air pollution crisis, evaluates the
effectiveness of existing legal frameworks, and assesses the capacity of environmental laws to address
this escalating problem.
Current State of Air Pollution in India
Despite existing regulations, India’s air quality continues to deteriorate due to rapid
urbanization, industrialization, and vehicular emissions. Air pollution has become the second leading
cause of premature deaths in India after high blood pressure.
A 2024 IQ Air report highlights that PM2.5 levels in India exceed WHO recommendations, contributing to
severe health risks. In Delhi, prolonged exposure to polluted air could reduce life expectancy by nearly
12 years.
Major Contributors to Air Pollution
1. Vehicular Emissions
The exponential rise in vehicles, especially in metropolitan areas, has led to high levels of PM2.5,
nitrogen oxides (NOx), and carbon monoxide (CO). The slow adoption of electric vehicles (EVs) due to
high costs and inadequate infrastructure prolongs reliance on petrol and diesel-powered vehicles.
2. Industrial Pollution
Industries, particularly coal-based thermal power plants, emit hazardous gases such as sulphur dioxide
(SO2) and volatile organic compounds (VOCs). Power plants increase production in winter, worsening
pollution levels. Cement factories, brick kilns, and chemical plants also contribute significantly.
3. Agricultural Practices
Stubble burning in Punjab, Haryana, and Uttar Pradesh remains a major issue despite government bans and
subsidy programs for alternative disposal methods. Farmers continue this practice due to economic
constraints, exacerbating smog and respiratory illnesses.
4. Construction and Dust Pollution
Rapid urbanization leads to dust from highway expansions, metro projects, and real estate development.
Poorly enforced construction laws and unregulated stone-crushing units further aggravate the problem.
5. Climate and Meteorological Factors
Low wind speeds and temperature inversion in winter trap pollutants, creating persistent smog. Changing
rainfall patterns, wildfires, and extreme heat waves also influence pollution levels.
Health and Economic Consequences
According to The Lancet Planetary Health report, air pollution contributed to 1.67 million
deaths in India in 2019 alone. Economic losses due to pollution-related health issues amount to
$36.8 billion annually.
Children and the elderly are the most vulnerable, facing increased respiratory diseases and reduced
cognitive function.
Regional Disparities in Air Pollution
Delhi-NCR: Records the worst AQI (Air Quality Index), often exceeding 500 during
peak pollution months.
Eastern India (Bihar, West Bengal): Faces severe pollution from brick kilns and
industrial activities.
Western and Southern India: While relatively better, major cities like Mumbai and
Chennai struggle with emissions from industries and traffic.
Legal Framework for Air Pollution Control
The Indian Constitution provides a strong foundation for environmental protection:
Article 21: Guarantees the Right to Life, which courts have interpreted to include
the right to a clean and healthy environment (Subhash Kumar v. State of Bihar, 1991).
Article 48-A: Directs the state to improve and protect the environment.
Article 51-A(g): Imposes a fundamental duty on citizens to safeguard the
environment.
Key legislations regulating air pollution
The Air (Prevention and Control of Pollution) Act, 1981: Establishes the Central
and State Pollution Control Boards (CPCB and SPCBs) to regulate emissions and enforce pollution
control measures.
The Environment (Protection) Act, 1986: Empowers the government to take preventive
measures and impose penalties for violations.
The Motor Vehicles Act, 1988 (Amended 2019): Enforces Bharat Stage (BS) emission
norms and imposes stricter penalties on polluting vehicles.
The National Green Tribunal (NGT) Act, 2010: Establishes the NGT for speedy
adjudication of environmental cases.
Key Policy Initiatives for Air Quality Management
National Air Quality Monitoring Programme (NAMP): Tracks air quality nationwide.
National Clean Air Programme (NCAP) 2019: Aims to reduce PM2.5 and PM10 levels by
20-30% in 100+ cities by 2024.
Graded Response Action Plan (GRAP) 2016: Implements emergency measures based on
real-time air quality data.
Commission for Air Quality Management (CAQM) 2021: Coordinates pollution control
efforts in North India, particularly Delhi-NCR.
Landmark Judgments Influencing Air Quality Regulation
C. Mehta v. Union of India (1986): Established the right to a healthy environment
under Article 21.
Arjun Gopal v. Union of India (2018): Imposed restrictions on firecracker sales to
mitigate pollution.
State of Madhya Pradesh v. Centre for Environment Protection Research and Development
(2020): Reinforced the state’s responsibility to enforce air quality standards.
Pahwa Plastics Pvt. Ltd. v. Dastak NGO (2022): Highlighted the necessity for
industries to comply with environmental norms.
K. Ranjitsinh & Ors. v. Union of India (2024): Recognized the constitutional
right against adverse effects of climate change and emphasized state responsibility in pollution
control.
Challenges in Implementation and Enforcement
Short-Term Measures: Authorities rely on temporary solutions like smog towers and
water sprinkling, which fail to address root causes.
Regional Coordination Issues: Air pollution is a transboundary problem requiring
multi-state collaboration, which remains inconsistent.
Public Awareness and Participation: Greater public engagement is necessary for
effective environmental governance and compliance.
Conclusion
India's legal framework offers a robust foundation for air pollution control, but enforcement gaps and
temporary solutions undermine long-term progress. Strengthening regional cooperation, enhancing public
awareness, and adopting sustainable practices are crucial for effective air quality management. Landmark
judicial interventions emphasize the role of legal accountability, yet achieving significant
improvements requires active participation from government agencies, industries, and the public. Without
sustained efforts, air pollution will continue to pose severe health and economic threats, necessitating
urgent and comprehensive solutions.
References:
Pallavi Aiyar, Breathing Here is Injurious to Your Health: The Human Cost of Air Pollution and How
to Fight Back (2020)
Beth Gardiner, Choked: Life and Breath in the Age of Air Pollution (University of Chicago, 2019)
David Stanway, Only seven countries met WHO air quality standards in 2024, data shows (March, 2025)
National Air Quality Monitoring Programme (NAMP) by the Central Pollution Control Board (CPCB).
Comprehensive Environmental Pollution Index (CEPI) by the CPCB: 2024
India ranks fifth in polluted air globally in 2024, IQ Air report, Business Standard.
The Lancet Planetary Health report 2024 India pollution
Health Policy Watch (Independent Global Health Reporting) Report (March 2024)
K. Ranjitsinh & Ors. v. Union of India & Ors. [2024] 3 S.C.R. 1320
