SC allows action against pre-BS IV vehicles amid Delhi-NCR pollution crisis; heres what it means

New Delhi: The Supreme Court has permitted authorities to take action against end-of-life vehicles that fall below BS IV emission standards in Delhi NCR, responding to growing concerns over the capital’s worsening air quality.

A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi, modified an earlier order after the Delhi government sought a review, citing the harmful impact of older vehicles on pollution levels. The court heard submissions that ageing vehicles with outdated emission norms were contributing significantly to toxic air in the region.

Appearing for the Delhi government, Additional Solicitor General Aishwarya Bhati urged the court to allow action against vehicles up to BS III standards. She said, "Older vehicles, their emission standards are very poor, and they are adding to the pollution." The plea found no resistance from Senior Advocate Aparajita Singh, the amicus curiae in the long running air pollution case, who noted, "BS-IV came in 2010, and BS-III models are before that."

After considering the arguments, the bench modified its August 12 order, clarifying that no coercive steps would be taken against BS IV and newer vehicles solely on the basis of age. This protection applies to diesel vehicles older than 10 years and petrol vehicles older than 15 years. However, the court allowed authorities to proceed against pre BS IV vehicles that have reached the end of their life.

The earlier August 12 order had restrained action against overage petrol and diesel vehicles. The revised position reflects the court’s view that urgent steps are required in light of the current air quality crisis. The modification followed the Delhi government’s request to revisit the Supreme Court’s 2018 ruling that upheld a National Green Tribunal ban on end of life vehicles, a move that triggered public backlash after a fuel supply ban was announced from July 1, 2025.

During the hearing, the court also directed the National Highways Authority of India to explore shifting nine toll booths operated by the Municipal Corporation of Delhi to locations that could be managed by NHAI. It further asked authorities to expand public awareness efforts, involving Resident Welfare Associations and paralegal volunteers to strengthen citizen participation.