UPSC Mains 2015 GS Paper 2 Q7: model answer
Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.
What the question wants
Discuss whether the right to a clean environment under Article 21 justifies regulating firecrackers, with Supreme Court judgments.
How to structure it
Does ... Discuss in the light of: yes or no with reasoning, citing the cases, and balance with festival rights.
- Article 21 and environment
- Pollution from crackers
- Judgments
- Balance
How to think it through
Delhi's air after Diwali night often hits 'severe' on the AQI. A right to celebrate cannot mean a right to make your neighbour's asthmatic child wheeze. That's the Article 21 balance in one line.
Model answer
After Diwali 2016, Delhi's PM2.5 levels crossed 900 micrograms per cubic metre at some stations, more than 15 times the safe standard, and schools were shut.
Article 21 and environment
The Supreme Court has read the right to a pollution-free environment into the right to life: Subhash Kumar (1991), M.C. Mehta cases, and Virender Gaur (1995).
Pollution from crackers
Sulphur, nitrates, barium, aluminium and fine particulates; noise beyond 125 dB; injuries and child labour in the Sivakasi industry.
Judgments
- Noise Pollution (Re), 2005: banned bursting crackers between 10 p.m. and 6 a.m.; noise limits.
- 2015 (the year of the question): the Court refused a total ban but urged awareness.
- Arjun Gopal (2017): suspended sale of crackers in Delhi–NCR for Diwali.
- Arjun Gopal (2018): only 'green crackers' with lower emissions; fixed time windows (8–10 p.m. on Diwali).
- 2021: banned crackers with barium salts; states may impose stricter bans.
- Since then, Delhi has banned crackers each winter; in 2025 the Court allowed only certified green crackers for limited hours.
Balance with other rights
Article 25 protects religious practice, but courts held that bursting crackers is not an essential religious practice, and Article 19(1) (g) traders' rights are subject to public health.
Conclusion
Yes, the right to clean air justifies regulation. Green crackers, time limits and community displays are a fair balance between festivity and health.
Draw: Graph of Delhi PM2.5 spiking on Diwali night.
Keywords, cases and data to drop in
Article 21, Subhash Kumar, Noise Pollution (Re) 2005, Arjun Gopal 2017–18, green crackers, CSIR-NEERI, essential practice.
Where most answers lose marks
- Moralising without citing judgments.
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Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.
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