P.K.JOSEPH & ORS. v. UNION OF INDIA & ORS

Introduction

This judgment of the Kerala High Court examines the constitutional scope of the GST Council’s power under Article 279A regarding the inclusion of petroleum products such as petrol and diesel within the GST regime. The petitioners, through Public Interest Litigations, sought a writ of mandamus directing the GST Council to fix a date for bringing petroleum products under GST to achieve a harmonized national market.

The High Court held that the decision regarding whether and when petroleum products should be brought under GST lies exclusively within the policy domain of the GST Council. Since no statutory or constitutional right is vested in citizens to compel the GST Council to fix such a date, the Court cannot issue a writ of mandamus directing the Council to exercise its policy discretion.