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.

Constitutional position

The Supreme Court has read the right to a wholesome environment — clean air and water — into the right to life under Article 21 (Subhash Kumar v State of Bihar, 1991). Read with Article 48A and the fundamental duty in Article 51A(g), this obliges the State to regulate activities that foul the air, including firecrackers.

Competing claims

• Religious freedom under Article 25 is expressly subject to public order, morality and health; courts have also doubted that bursting crackers is an essential religious practice of Diwali.
• Traders' rights under Article 19(1)(g) yield to reasonable restrictions in the public interest.

Judicial pronouncements

• In Re: Noise Pollution (2005): bursting firecrackers banned between 10 pm and 6 am, with noise limits on manufacture.
• Church of God v KKR Majestic Colony (2000): no religion sanctions violating others' rights through noise.
• Arjun Gopal v Union of India (2018): only green, reduced-emission crackers permitted; fixed two-hour bursting windows; bans on barium-based and joined crackers and on online sales.
• In the continuing M.C. Mehta air-quality proceedings, comprehensive cracker bans in Delhi-NCR have been upheld during severe pollution, applying the precautionary principle recognised in Vellore Citizens Welfare Forum (1996).

Assessment

The Court has preferred graded, health-based regulation over anti-religious framing. The real weakness is enforcement: restrictions are openly violated, and Delhi's post-Diwali air quality routinely turns "severe".

Conclusion

Yes — the Article 21 right to a clean environment entails legal regulation of crackers; public health outweighs celebratory claims, but regulation must be enforced, not merely pronounced.