SC seeks aviation rules in sealed cover amid concerns over airfares, passenger rights

The Supreme Court on Monday directed the Centre to place before it, within two weeks, the rules framed under the Bharatiya Vayuyan Adhiniyam, 2024, as it continued hearing a petition seeking stronger regulation of India's civil aviation sector and safeguards against arbitrary airfare hikes and ancillary charges.

A bench of Justices Vikram Nath and Sandeep Mehta asked the Centre to submit the rules in a sealed cover, regardless of whether they have been tabled in Parliament.

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"We grant two weeks' time to the respondents to place before this court in a sealed cover the rules which have been framed, irrespective of the fact whether they are placed before the Houses of Parliament," the bench said.

The direction came during the hearing of a petition filed by social activist S. Laxminarayanan, who has sought the creation of an independent regulator to ensure transparency, passenger protection and oversight of airfare pricing in the civil aviation sector.

Appearing for the Centre, counsel informed the court that the draft rules under the Bharatiya Vayuyan Adhiniyam are ready and are currently undergoing translation before being placed before Parliament.

Senior advocate Ravindra Srivastava, appearing for the petitioner, told the court that the previous regulatory framework continues to operate until the new rules come into force. Flagging what he described as "exorbitant airfares", he argued that India needs an independent aviation regulator.

"The solution is that this court must consider having a robust and effective regulatory mechanism which is independent," Srivastava said.

The bench posted the matter for further hearing on August 3.

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The petition raises concerns over what it calls "unpredictable fluctuations" in airfares and ancillary charges imposed by private airlines. It also challenges the reduction in free check-in baggage allowance for economy passengers from 25 kg to 15 kg, alleging that airlines have converted a previously included service into an additional revenue stream without offering any corresponding benefit to passengers who travel without checked baggage.

The plea argues that the absence of any authority empowered to review or cap airfares and ancillary charges has allowed airlines to engage in "unregulated, opaque and exploitative" pricing practices, particularly during festivals and periods of high demand. It contends that arbitrary fare hikes, dynamic pricing, reduced services and inadequate grievance redressal mechanisms infringe upon passengers' fundamental rights and warrant judicial intervention.

The Supreme Court had earlier, while hearing the matter in May, observed that there should be some rationalisation of airfares and asked the Centre to explore measures to provide relief to air travellers. Solicitor General Tushar Mehta had then informed the court that the Bharatiya Vayuyan Adhiniyam, which came into force in January 2025, was awaiting the finalisation of its corresponding rules.