The Centre on Friday flagged “serious constitutional concerns” before the Delhi High Court while opposing a public interest litigation (PIL) seeking reduction of Goods and Services Tax (GST) on air purifiers from 18 per cent to 5 per cent, arguing that the plea was “loaded” and could open a “pandora’s box”.

Appearing for the Union government, additional solicitor-general N. Venkataraman told a vacation bench headed by Justice Vikas Mahajan that the petition could not be treated as a genuine PIL and questioned both its intent and maintainability. “We don’t know who is behind this PIL. This is not a PIL. Health department is not even a party and a direction is sought,” he submitted, adding that “somebody wants a monopoly in air purifiers, we don’t know.”

The petition, filed by advocate Kapil Madan, seeks directions to classify air purifiers as medical devices and reduce GST from 18 per cent to 5 per cent in view of worsening air quality in Delhi and neighbouring regions.

Madan appeared in person and argued that air purifiers were wrongly taxed under an incorrect category. “On a bare reading of the notification itself I will be able to demonstrate that they are taxing air purifiers under a wrong category,” he told the court.

The ASG contended that GST policy decisions fall exclusively within the domain of the GST Council, a constitutional body comprising representatives of all states and Union territories. “There is a process involved. How can this process be scuttled? GST council is a constitutional body… If anything has to be voted, it can only be done physically,” he said, referring to Regulation 14 of the Council’s procedure.

The court, however, repeatedly underscored its concern over affordability amid a public health crisis. “The court’s concern was that having regard to the pollution in Delhi and surrounding areas, why GST should not be reduced to 5 percent. The price range starting from 10–12k goes to 60k, it is beyond reach of common man,” Justice Mahajan observed.