Assignment Submission for

Continuous Evaluation
In the course of

Constitutional Law I

2BL332

REFLECTIVE NOTE
DELHI GOVERNMENT’S BAN ON BS III & BS IV VEHICLES

Guided By: Submitted By:

MR. SUKRIT GARG SRISHTI SURANA 21bbl060

MS. SHRIYA BHOJWANI

Ban on petrol BS-III, diesel BS-IV vehicles to continue in Delhi
Delhi News

Published on Nov 11, 2022 12:09 AM IST

https://www.hindustantimes.com/cities/delhi-news/ban-on-petrol-bs-iii-diesel-bs-iv-vehicles-to-continue-
in-delhi-101668105570908.html

Gurugram, Nov 10 (ANI): A vehicular traffic is seen on Delhi-Gurugram Expressway, in Gurugram on

Thursday. (ANI Photo) (Yogendra Kumar)
DELHI GOVERNMENT’S BAN ON BS III & BS IV VEHICLES

Delhi Government has recently banned the BS III Petrol & BS IV Diesel vehicles in Delhi, on
the Direction of Commission for Air Quality Management (CAQM), due to poor air quality in
the national capital. Only BS6 vehicles, emergency vehicles, those on government duty or
election work, and the ones supplying goods can operate normally.

The quality of air in Delhi has been deteriorating day by day. Government has launched Graded
Response Action Plan in stages to control and improve the quality of air in Delhi. Current curbs
are under Stage 3 of the said plan. The penalty for the vehicles with BS-III Petrol or BSIV
Diesel, both commercial and private, under Motor Vehicles Act, 1988 is Rs. 20,000.

The efforts by the Delhi Government to protect the environment give the Right to Life and
Liberty, under Article 21 of the Constitution of India, to the residents of Delhi. Article 21
encompasses within its ambit, the protection and preservation of environment, ecological balance
free from pollution of air and water, sanitation without which life cannot be enjoyed.1

At the same time the government is also violating Article 21 by snatching away the right to
livelihood under the ambit of Article 21 of cab/ taxi drivers of whom the daily bread is earned
through this.

Salmond gave 5 elements of Rights, two of which are (i) “The Person of Inherence” is the person
who owns the right and the (ii) “Person of Incidence” is the person against whom the Right is
Available. Man is both creator and moulders of his environment.2 The person of inherence and
the person of incidence both are the residents of Delhi. The right protects the interest of the
residents and if the residents use the banned vehicles they are violating the rights of themselves
as well as others by depriving them of the right to clean air.

The horizon of Article 21 has expanded over the years, covering the most possible rights of
individuals protecting their right to life. Through line of judgements, courts have planted the
right to clean environment. In Intellectuals Forum v. State of A.P., there was a conflict
between the protection of environment and social development. The court held that, “The
responsibility of the state to protect the environment is now a well accepted notion in all
countries. It is this notion that in International Law gave rise to the principle of state
responsibility for pollution emanating within one's own territories. This responsibility is clearly
enunciated in the United Nations Conference on Human Environment, Stockholm,
19723 to which India was a party.”4

1
Subhash Kumar v. State of Bihar, (1991) 1 SCC 598 : AIR 1991 SC 420.
2
Judicial Activism to Judicial Adventurism for the Protection of Environment: An Analysis in the Context of
Expansive Meaning of Article 21 of Indian Constitution, 24 ALJ (2016-17) 225
3
UN International Conference on Human Environment, 1972 (June 5-16, 1972).
4
Intellectuals Forum v. State of A.P., (2006) 3 SCC 549
Delhi’s Air Quality Index (AQI) has shown that Delhi is on ‘severe’ category for a long time
now. The state has the duty to give its residents the clean and healthy environment. The ban is a
step towards accelerating this right. According to a Business Standard report, “to regulate the
output of air pollutants from the internal combustion engine and spark-ignition engine
equipment, including motor vehicles” the Centre has notified norms called BS or Bharat Stage
emission standards.5 To make BS VI vehicles run on its full capacity on the roads of Delhi, the
ban is necessary. BSVI norms led to stopping of production of diesel driven cars and a shift
towards petrol cars.

This ban has been criticised a lot, citing again the Article 21, Right to Livelihood. There are
more than 5 lakhs vehicles with BS III or BS IV, especially with the cab/taxi drivers. Their
livelihood is hugely affected leading to protests and strikes. But in drawing a strong line on
environmental issues, the Supreme Court in 2017 banned the sale and registration of Bharat Stage
III (BS-III) vehicles, when BS-IV emission norms will come into force across the country, saying
that health of citizens is more important than commercial interest.6

The order should be stricter and the ban must be complete. The pleas for restricting the ban by
automobiles maker shouldn’t be taken or else their and production of such vehicles won’t stop. The
automobile manufacturers have no choice but to either export these vehicles or scrap them. Health
of millions of residents is more important.

The argument to be put forth is simple; Pollution is the emerging issue of the country. Air pollution
could lead to 570,000 premature deaths in India7. India has more than 30 countries in top 100 most
polluted cities. Delhi is in top 20. Vehicular pollution contributes 18% of total Air pollution and
vehicles are the main source of CO and hydrocarbons8. Right to clean air and environment is the
fundamental right and it is the utmost responsibility of the persons of inherence to protect their
right by respecting and following the government orders for good cause.

5
Delhi imposes ban on Non-BS VI-diesel vehicles under GRAP to tackle air pollution: All you need to know (2022)
https://www.outlookindia.com/. Available at: https://www.outlookindia.com/national/delhi-imposes-ban-on-non-bs-
vi-diesel-vehicles-under-grap-to-tackle-air-pollution-all-you-need-to-know-news-234939 (Accessed: November 20,
2022).

6
India, T.O. (2017) SC bans sale, registration of BS-III vehicles from April 1 - Times of India, The Times
of India. Times of India. Available at: http://timesofindia.indiatimes.com/articleshow/57891089.cms?
utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst (Accessed: November 20,
2022).
7
Economic Aspiration Polluted Respiration: Story of Developing India, (2016) 5 ELPR 22
8
Economic Aspiration Polluted Respiration: Story of Developing India, (2016) 5 ELPR 22