Environment & ClimateImportant2024-11-18

Supreme Court Mandates Strict Enforcement of GRAP-IV in Delhi-NCR

Why focus: SC GRAP-IV enforcement — GS3 Environment, tests CAQM Act 2021 statutory powers and exact AQI thresholds

In News

What Happened

On November 18, 2024, the Supreme Court of India ordered the immediate and strict enforcement of Stage IV of the Graded Response Action Plan (GRAP) across Delhi-NCR after the Air Quality Index (AQI) crossed the 'hazardous' 450 mark. The Court strongly reprimanded the authorities for delays in triggering these emergency measures. Crucially, the bench ruled that GRAP Stage IV cannot be scaled down without the Court's explicit prior approval, even if the AQI temporarily drops below the 'severe plus' threshold.

Why It Matters

This judicial intervention highlights the chronic failure of statutory bodies to proactively manage the recurring winter public health crisis in North India. By stripping discretionary relaxation powers from the Commission for Air Quality Management (CAQM), the Supreme Court set a strong precedent for environmental accountability and the enforcement of the fundamental right to breathe clean air.

Background

History & Context

The Graded Response Action Plan (GRAP) was initially notified in 2017 by the Ministry of Environment, Forest and Climate Change, based on a framework prepared by the Environment Pollution (Prevention and Control) Authority (EPCA). In 2021, the Commission for Air Quality Management (CAQM) became the statutory body responsible for its implementation in the NCR. Despite having preemptive guidelines, GRAP has frequently faced criticism for being implemented as a reactive measure, often leading to delayed enforcement of critical anti-pollution protocols during peak winter smog events.

What Changed

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BEFORE: The CAQM had the administrative discretion to scale down or lift GRAP stages if the AQI improved below the defined threshold levels. NOW: No scaling down of GRAP Stage IV measures is permitted without prior, explicit approval from the Supreme Court, regardless of AQI improvements.
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BEFORE: State governments and the CAQM often waited for the AQI to sustain a 'severe plus' level (AQI > 450) over several days before fully initiating Stage IV measures. NOW: Stage IV measures must be triggered immediately and preemptively the moment the AQI breaches the 450 mark, with no room for delay.
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BEFORE: Enforcement of anti-pollution measures largely relied on administrative coordination between Delhi and neighboring NCR states, which often resulted in blame-shifting. NOW: The Supreme Court has taken direct supervisory control, placing individual accountability on NCR state governments to set up rapid response monitoring mechanisms.

Prelims Angle

NCERT Connection

This event directly connects to NCERT Class 12 Biology Chapter 16 (Environmental Issues), which covers the sources, effects, and control of air pollution, specifically focusing on the severe respiratory hazards of Particulate Matter (PM 2.5). The judgment is a textbook example of 'Judicial Activism' in environmental law, demonstrating the judiciary's role in enforcing environmental protection when executive and statutory bodies fail.

Practice Questions

Q1

Correct Statement(s)

Which of the following statements is/are correct regarding the Graded Response Action Plan (GRAP) and its implementation in Delhi-NCR? 1. The Commission for Air Quality Management (CAQM) is the statutory body responsible for coordinating and implementing GRAP in the National Capital Region. 2. According to the November 2024 Supreme Court order, GRAP Stage IV measures can be independently scaled down by the CAQM if the AQI temporarily falls below 400.

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