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Mains Paper 2: Polity | Separation of powers between various organs, dispute redressal mechanisms & institutions
From UPSC perspective, the following things are important:
Prelims level: Air pollution and factors related to it
Mains level: Efforts being done by government, society to reduce air pollution and their outcomes, way forward
Context
- The Supreme Court has put its weight behind the 2016 ban on the sale of fireworks in Delhi-NCR
- This was imposed in response to an unusual plea filed by children affected by air pollution
Is ban a right step?
- A ban is an inefficient instrument
- Aimed at restricting a celebration, the ban on firecrackers may alienate people who were otherwise receptive to the idea of giving up or cutting down on the fireworks
- Besides, it would have the predictable effect of driving sales underground at inflated prices
Effect on Supreme court’s authority
- A Supreme Court ban which cannot be implemented in spirit would have the unfortunate effect of undermining the authority of the apex court in the eyes of the people
Other factors
- While the court has admitted that other factors like stubble burning contribute to the disastrous air quality of Delhi, the focus on fireworks makes its response seem unequal
- Livelihoods will be harmed by the court’s order
Judicial overreach?
- Matters of policy and implementation are ideally left to the legislature and executive
- The court has a moral obligation to step in if they are in complete dereliction of their duty to the people
- Since governments and society itself have shown an inclination to stop polluting practices, the last resort has been unnecessarily invoked
What court should have done?
- The Supreme Court could have urged government to intensify its efforts to influence the public will, and the process could have played out under its cautionary eye
- That would have been a better solution than to impose a ban which may be observed more in the breach
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