The growing pollution problem in Delhi remains a concern for the public as well as the judiciary, executive, legislature, and media. Breathing is becoming a crisis. Despite strict restrictions, there is no solution in sight. If some relief is achieved, the next day the AQI of Delhi and NCR again exceeds dangerous levels. Nitrogen dioxide levels in Delhi’s air have increased. This gas level has increased in Delhi after seven years. Now even stubble burning is not happening. The biggest reason for this is vehicular emissions. The increasing number of petrol and diesel vehicles emit the largest portion of nitrogen dioxide. The country’s Supreme Court is continuously hearing pollution cases and issuing directives from time to time. The Delhi High Court, while hearing a public interest petition on December 24th, had previously suggested, “If clean air cannot be provided, then at least the GST on air purifiers could be classified as medical devices and reduced, so that people can easily purchase them.” During the hearing on the same petition on Friday, the court asked the central government why the GST on air purifiers could not be reduced. The central government should submit a detailed response. The issue of reducing the GST on air purifiers was also heatedly debated.
There is no doubt that pollution in Delhi and the NCR is extremely dangerous, and people are facing numerous difficulties. Considering that a person breathes at least 21,000 times a day, it’s easy to imagine how much toxic air is damaging their lungs. The petitioner argues that in Delhi’s current situation, air purifiers have become life-saving devices, not just luxury items. Relief must be provided. The issue now appears to be entangled in legal complications. The Central Government strongly opposed the petition, questioning its motives. The Central Government warned that any judicial direction would amount to interference by the court in the legislative domain and violate the Constitution’s basic structure of separation of powers.
Assistant Secretary General N. Venkataraman, appearing for the central government, described the consideration of the petition as “opening a Pandora’s box” and the central government as “constitutionally intimidated,” stating that a legislative process already exists for deliberating on the recommendations made in Parliamentary Standing Committee reports and proposals at GST Council meetings. He asked, “How can this process be stopped through court proceedings?” Although the Delhi High Court had suggested to the central government on December 24th that virtual meetings of the Council be considered in view of the severe air pollution situation in Delhi and its surrounding areas, ASG Venkataraman made it clear on Friday that this would not be possible. Citing Regulations 14 and 15 of the “Regulations on Procedure and Conduct of Business of the GST Council,” which detail the manner of deliberation and voting on proposals before the Council, including voting on proposals through secret ballot, the ASG clarified that this process would involve the physical presence of all Council members.
The Center, calling the petition misleading, also raised several questions. The Center clearly stated that any court directive could violate the separation of powers between the legislature and the judiciary. The separation of powers is a fundamental structure. The Constitution clearly defines all the organs of democracy. The executive implements laws, the judiciary interprets laws, and the legislature makes laws. These three are the main organs of Indian democracy, operating on the principle of separation of powers but maintaining a balance without interfering with each other. Balance between these three is crucial in a democracy. Each organ must operate within its own limits. Conflicts between the judiciary and the legislature have sometimes been seen, but this debate over the price of purifiers is unique. If the judiciary intervenes in the pricing of specific products, it is a matter of serious concern. The court’s concern also relates to public concerns. The price of an air purifier ranges from 10,000-12,000 rupees to 60,000 rupees, which is beyond the reach of the average person. The court wants to reduce it by waiving GST so that the common man can afford it.
It remains to be seen what stance the court takes in the next hearing. It would be better to continuously make efforts to reduce pollution in Delhi. The Delhi government has taken several strict steps. Vehicles are being inspected. Challans are being issued for PUC certificate issues. Action is also being taken for violations of GRAP rules. Some remedy must be found to eliminate toxic air. People must become aware of pollution themselves. Only through public participation can Delhi’s air be purified. If we still don’t become aware, we will not be able to provide clean air to future generations. The central government should also find ways to make devices that provide relief from pollution cheaper.
