Whether the increased pollution caused by firecrackers and explosives burst during the time of Deepwali be a valid ground for banning the firecrackers in spite of other pollutants being present in the air?
The precautionary principle in environmental law does not need the backing of any scientific evidence or proof if the danger to the environment is significant and irreversible.
The fundamental rights under Article 19(1)(g) & Article 25 should be balanced with Article 21 of the Constitution, keeping in mind the health of the population who reside in Delhi and NCR.