The Centre has told the Delhi High Court that a PIL seeking to classify air purifiers as “medical devices” does not serve any genuine public interest and is a “colourable” and “motivated” attempt to secure regulatory and commercial benefits for select entities. It argued that such a move would be counter-productive, as bringing air purifiers under the Drugs and Cosmetics Act and Medical Devices Rules would impose additional regulatory compliances and could disrupt supply in an already constrained market.
Opposing the plea to reduce GST on air purifiers from 18 per cent to 5 per cent, Additional Solicitor General N. Venkataraman said judicial intervention in taxation matters is constitutionally impermissible. The Centre maintained that GST-related decisions fall exclusively within the domain of the GST Council and any court direction would violate the doctrine of separation of powers and undermine cooperative federalism.
The PIL, filed by advocate Kapil Madan, argues that air purifiers should not be treated as luxury items in view of Delhi’s severe air pollution and claims they qualify as medical devices under a 2020 notification. The High Court granted the petitioner a week to file a rejoinder and listed the matter for further hearing on March 19.
