Supreme Court Urges Punjab Government to Reevaluate Punjab Preservation Of Subsoil Water Act Due to Stubble Burning Issues

Last Updated on November 8, 2023 by News Desk

Issue: The Supreme Court has directed the Punjab Government to review the Punjab Preservation of Subsoil Water Act, 2009, because of its relation with the issue of stubble burning and its influence on air quality in Delhi.

Facts of the Case: Senior Advocate Gopal Sankaranarayanan emphasized various clauses of the Punjab Preservation of Subsoil Water Act, 2009 in the context of the burning of stubble and its impact on Delhi’s air quality. This Act makes it illegal to plant paddy before May 10, and violators face fines. In situations of infractions, the Act also allows authorized officials to order the destruction of seeded paddy.

Due to the Act’s limits on paddy production, Stubble burning is a big concern. The Act forces paddy harvesting to take place around the winter season, when air conditions are adverse, resulting in pollution in Delhi and the neighboring areas.

Arguments Presented by Parties: The Court noted that the Act’s implementation had unforeseen repercussions for pollution and recommended that the State of Punjab reconsider the Act. The Court also stressed the importance of shifting away from paddy in order to reduce stubble burning.

The Punjab Advocate General suggested that the Central Government pay a Minimum Support Price (MSP) for other crops, which would result in a progressive decline in paddy farming. The Court concurred with this idea and stated that the growth of paddy, a non-native crop of Punjab, causes a drop in the water level and other environmental issues. 

Reasoning of the Judgment: The Court raised concerned that the Act’s provisions had caused paddy cutting to be delayed, resulting in atmospheric circumstances that harmed Delhi and its bordering districts. The Court found that strict obedience to the Act was adding to the stubble burning problem, prompting a reexamination of the statute.

The Court further stressed the significance of shifting to alternate crops and eliminating MSP for rice to minimize its production. This switch to traditional crops is consistent with the Central Government’s aim of encouraging such crops.

Judgment: To address these matters further, the Court directed a meeting with all parties, to be headed by the Union Cabinet Secretary. The case will be heard again soon, and the Court has ordered the State of Punjab to initiate immediate steps to combat stubble burning. Furthermore, the Supreme Court ordered Punjab, Haryana, Uttar Pradesh, and Rajasthan to immediately stop stubble burning in order to address Delhi’s air pollution.

Written By: Nikita Shankar @nikitaashankar