The Centre on Friday opposed the Delhi High Court’s intervention in a PIL seeking a reduction of GST on air purifiers from 18% to 5% by classifying them as medical devices. It argued that any judicial direction would interfere with the legislative domain and violate the Constitution’s basic structure, especially the doctrine of separation of powers.
Appearing for the Centre, Additional Solicitor General N. Venkataraman warned that entertaining the petition could “open a Pandora’s box.” He said GST decisions follow a defined legislative process that includes parliamentary standing committee inputs and detailed deliberations by the GST Council.
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Centre opposes Delhi HC intervention in air purifier GST cut plea, cites constitutional breach
He emphasised that courts cannot bypass or disrupt this process through judicial orders. Directing the GST Council, he added, would set an unhealthy constitutional precedent
The ASG also clarified that holding a virtual GST Council meeting was not possible under existing rules. He said regulations require the physical presence of members for discussions and voting, even in view of Delhi’s severe air pollution.
Questioning the PIL’s intent, the Centre said classifying air purifiers as medical devices involves complex regulatory and licensing procedures. It also alleged that the petition appeared calculated and did not serve genuine public interest.
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