December 29, 2025 07:21 AM IST First published on: Dec 29, 2025 at 07:21 AM ISTThere have been occasions when courts in India appeared to overstep into the domain of the legislature or the executive. These instances of what seems to be judicial overreach have sparked concern — in fact, this concern has also been articulated by the court. However well-intentioned the court’s interventions may be, in a constitutional system that enshrines the principle of separation of powers as part of its basic structure, they run the risk of unsettling a delicate balance. In this context, the Delhi High Court’s recent intervention in the matter of taxes on air purifiers veers into the legislative domain.Last week, intervening in a PIL seeking GST reduction on air purifiers from 18 per cent to 5 per cent, the Delhi High Court asked why “GST at 5 per cent cannot be provided” for air purifiers and HEPA filters by categorising them as “medical devices”. In fact, it went a step further, and reportedly urged the GST Council to meet at the earliest, perhaps virtually, to examine the issue. There can be no denying that the issue of air pollution is of urgent public importance, and that governments, at both the Centre and the states, need to be nudged to take action. But, as the Centre has also pointed out, by entertaining the petition, the court risks short circuiting the due legislative process. Decisions regarding the GST rates and slabs are taken by the GST Council — a constitutional body that comprises the Centre and states. The Council’s decisions require a three-fourth majority. So, for the GST rates on air purifiers to be lowered, neither the Centre alone, nor only the states — and certainly not the courts — can decide.AdvertisementPollution in India is indeed a public health emergency. The apex court has time and again pushed the executive to accelerate environment reforms. That impetus is needed more than ever and, in that context, the court’s decision to revisit the Aravalli case is very welcome. Lowering taxes on air purifiers may make them more accessible but that’s not a call for the court to take. Also, the state cannot abdicate its responsibility by simply lowering taxes on air purifiers and putting the onus on individuals to ensure clean air in private spaces. A carefully thought through long-term strategy is required to tackle the issue of air pollution. Of course, the court has a pivotal role in it but that doesn’t include deciding GST rates.