Delhi High Court Exempts Lawyers and Court Staff from Pre-BS-VI Vehicle Entry Ban, Allows Travel on Court Working Days
The Delhi High Court has granted significant relief to lawyers and judicial staff residing in the National Capital Region (NCR) by exempting them from the Delhi government’s restrictions on the entry of vehicles registered outside Delhi that do not comply with BS-VI emission standards. The exemption will allow eligible individuals to travel to Delhi using their older vehicles on days when courts are functioning.
Justice Amit Mahajan passed the order on November 6, 2026, while hearing a petition filed by the Delhi High Court Bar Association (DHCBA). The court clarified that the exemption would apply exclusively on court working days.
The Delhi government’s vehicle restrictions came into effect on November 1, 2026, as part of its winter pollution-control measures. Under the notification issued on June 23, vehicles registered outside Delhi that do not meet BS-VI emission standards are prohibited from entering the national capital during the restriction period, which will continue until January 31, 2027.
The restrictions were introduced to address worsening air pollution in Delhi, particularly during the winter months when vehicular emissions, industrial activities, construction dust and other pollutants contribute to deteriorating air quality.
The Delhi High Court Bar Association approached the court seeking an exemption for advocates residing in neighbouring NCR cities, including Gurugram, Faridabad, Noida and Ghaziabad. The association argued that a substantial number of lawyers regularly travel to Delhi to attend court hearings, meet clients, consult senior advocates and access their professional chambers.
Senior Advocate N. Hariharan, who appeared on behalf of the association and also serves as its president, argued that lawyers and judicial staff perform essential functions connected with the administration of justice. He submitted that preventing them from entering Delhi in their vehicles could disrupt court proceedings and affect litigants whose cases depend on their timely presence.
The association questioned how the judicial system could function effectively if lawyers were unable to reach courts because of restrictions on their vehicles. It also pointed out that the government’s notification already contained provisions allowing the authorities to grant exemptions to additional categories of vehicles.
The petition further proposed a regulated exemption under which eligible advocates could use one nominated vehicle, subject to verification of their professional identity, vehicle registration documents and a valid Pollution Under Control Certificate (PUCC).
The association also referred to a previous Delhi High Court order issued during the COVID-19 pandemic in 2021, when advocates were permitted to travel for court-related work upon producing appropriate identity documents.
The High Court’s decision provides relief to lawyers and judicial staff who depend on their personal vehicles for commuting from different NCR cities. However, the exemption is limited to court working days and does not constitute a general relaxation of Delhi’s pollution-control regulations.
Importantly, the court’s order does not exempt lawyers or judicial staff from restrictions imposed under the Graded Response Action Plan (GRAP) by the Commission for Air Quality Management (CAQM). Any applicable restrictions under those separate pollution-control directions will continue to remain enforceable.
The development comes amid growing concerns over Delhi’s deteriorating air quality and the effectiveness of measures introduced to control vehicular pollution. The decision highlights the challenge of balancing environmental protection with the practical requirements of essential public institutions, including the judiciary.
The exemption is expected to benefit legal professionals commuting from across the NCR during the winter restriction period, while the broader restrictions on non-BS-VI vehicles registered outside Delhi will continue to apply to other motorists.
