Will flyers get relief? Centre finalises aviation rules as SC examines steep airfares
Centre has received administrative approval for rules under the Bharatiya Vayuyan Adhiniyam, 2024, and expects to publish them within two weeks, the Supreme Court was informed on Friday. The court is hearing a plea seeking independent aviation reg...
A bench of Justices Vikram Nath, R Mahadevan and Aparesh Kumar Singh asked Solicitor General Tushar Mehta to place the published rules before it on the next date of hearing. The court scheduled the next hearing for November 16.
Also read: Supreme Court asks Centre to submit final airfare rules by November 16
At the outset, Mehta told the bench, "The rules have been finalised and the administrative approval to the rules has been granted. The same would be published within two weeks."
The Supreme Court was hearing a plea filed by social activist S L Laxminarayanan seeking an independent and robust regulator to ensure transparency and passenger protection in the civil aviation sector. The plea also calls for regulatory guidelines to curb what it describes as "unpredictable fluctuations" in airfares and ancillary charges imposed by private airlines.
SC pushes Centre to finalise aviation rules
The latest submission follows a series of directions and assurances from the Centre on framing the rules under the Bharatiya Vayuyan Adhiniyam, 2024.On August 17, the Centre told the Supreme Court that it had fast-tracked the process and would finalise the rules within three weeks. The government had submitted the draft rules in a sealed cover, informing the court that some final discussions were still underway.
Earlier, on July 13, the apex court had directed the Centre to place the rules before it in a sealed cover, irrespective of whether they had been placed before Parliament. It had also called for rationalisation of airfares and asked the government to provide relief to flyers.
The Centre had informed the bench that the Bharatiya Vayuyan Adhiniyam, 2024, came into effect in January 2025 and that the corresponding rules were being prepared.
The matter stems from a plea on which the Supreme Court sought responses from the Centre and other parties on November 17 last year. During a hearing in January, the court said it would intervene in the issue of "unpredictable fluctuations" in airfares and flagged steep increases during festivals.
Terming exorbitant airfare hikes by airlines "exploitation", the court had asked the Centre and the Directorate General of Civil Aviation (DGCA) to file their replies to the petition.
Plea flags airfare hikes, baggage restrictions and hidden charges
Laxminarayanan's plea argues that the absence of adequate regulatory safeguards allows airlines to impose arbitrary fare increases and ancillary charges without sufficient transparency or oversight.It claims that all private airlines have reduced the free check-in baggage allowance for economy-class passengers from 25 kg to 15 kg without credible justification, "thereby converting what was earlier part of the ticketed service into a new revenue stream".
The petition also challenges the policy of permitting only a single piece of check-in baggage and the absence of rebates, compensation or other benefits for passengers who do not use the facility. It says this "demonstrates the arbitrary and discriminatory nature of the measure".
According to the plea, no authority currently has the power to review or cap airfares or ancillary fees, leaving consumers vulnerable to hidden charges and unpredictable pricing.
It further contends that the "unregulated, opaque and exploitative conduct of airlines manifesting in arbitrary fare hikes, unilateral reduction of services, absence of on-ground grievance redressal and unjustified dynamic pricing algorithms directly infringes upon citizens' fundamental rights to equality, freedom of movement and life with dignity".
The petition argues that the lack of regulatory safeguards results in arbitrary fare increases, particularly during festivals and weather disruptions, disproportionately affecting poorer passengers and those booking tickets at the last minute.
It also alleges that the State's failure to regulate fare algorithms, cancellation policies, continuity of services and grievance redressal mechanisms amounts to a dereliction of its constitutional duty and warrants urgent judicial intervention.
The plea further argues that there is no rule preventing airlines from raising ticket prices based on demand, and contends that allowing such pricing freedom in an essential service is unjustifiable.
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