Exemption from vehicle restrictions for lawyers and court staff

The Delhi High Court has permitted lawyers and court staff to travel to and from Delhi using pre-BS-VI vehicles on court working days from 1 November 2026 to 31 January 2027. According to an India Today report, to avail of this exemption, the individual must possess a valid identity card and it is mandatory for the vehicle to have a valid parking sticker issued by any bar association in Delhi.

Justice Amit Mahajan passed this order on 6 November. The decision was taken on a petition filed by the Delhi High Court Bar Association. The petition sought exemption for legal vehicles used by lawyers residing in the National Capital Region (NCR) who travel to Delhi for professional duties.

According to a PTI report, the court stated that the presence of advocates and judicial staff is indispensable for the smooth functioning of the court. Therefore, they have been exempted from the three-month ban on vehicles registered outside Delhi that do not meet BS-VI emission standards. The court noted that considering the difficulties expressed by the petitioner, cars with valid parking stickers have been permitted movement during this period.

During the hearing, Justice Mahajan observed that the authorities have not yet clarified how vehicles that were not contributing to pollution until October suddenly became major pollutants. He further added that the government's notification already grants exemption to people performing sovereign and essential duties. Assisting the court in judicial work is, prima facie, an essential and sometimes urgent duty. Moreover, the authorities have not claimed that they are providing adequate transport facilities for lawyers and staff to reach the court.

Considering pollution concerns, the Delhi government had decided on 23 June that from 1 November to 31 January, the entry of all vehicles registered outside Delhi that do not meet BS-VI emission standards would be banned.

During the hearing on 6 November, the President of the Delhi High Court Bar Association and senior advocate N. Hariharan argued that many lawyers come to Delhi from Gurugram, Faridabad, Noida, and Ghaziabad for judicial work. Therefore, their non-Delhi registered pre-BS-VI vehicles should be exempted from this ban.

The association stated in its petition that clean air is indispensable and the state has the power to control vehicle emissions, but lawyers should be exempted in the interest of the administration of justice. The petition mentioned that the timely presence of lawyers when required by the court is in the interest of litigants and the administration of justice. The Supreme Court, in the case of 'Anita Kushwaha vs Pushpa Sudan', had identified access to justice as part of Articles 14 and 21.

The petition further added that this principle makes the impact on access to courts a relevant consideration. This does not mean a general privilege to spread pollution is given, but that authorities need to consider whether a proper balance between common interests can be achieved through controlled entry.

The court has now asked the Central Government and the Delhi Government to file a response in this matter, and the next hearing of this petition has been scheduled for January.