The Right to a Healthy environment though it is not a guaranteed right under the Constitution but has been accepted as such by the judicial rulings as a part of Right to Life guaranteed under Article 21 of the Constitution. Although the Indian Constitution has the unique distinction of being the only constitution having provisions for the protection of Environment, the fact is that so far it has remained a mirage with the result that the list of most polluted cities constitutes almost exclusively of cities from India. At the heart of the country, The National Capital
Territory of Delhi is symptomatic of the problems facing the country and has the dubious distinction of having the
worst polluted Air in the world. Unfortunately, despite tall talks and the various steps taken by the Courts and other regulatory bodies the
citizens of India, particularly belonging to the Capital Territory have been denied the basic human right of clean air which has led to a scenario where there is no end in sight to the air pollution and the ‘right to clean environment’ has remained a hollow right with no stakeholder appearing to be serious about the implementation of this right.
It has become an annual ritual in winters for the authorities concerned to blame other players for air pollution while they themselves are not serious about bringing about the changes required for better pollution control. As a result we have witnessed a lopsided policy which is obsessed with the vehicular pollution and pays very scant regard to the other major factors responsible for air pollution . This paper seeks to analyze the policy of air pollution and their drawbacks along with some possible issues which may help in bringing about a substantial reduction in the air pollution levels.

Keywords: Healthy environment; Judicial activism; Air pollution; Smog towers; Vehicular pollution.