The Supreme Court is scheduled to hear Monday a plea seeking regulatory guidelines to rein in “unpredictable fluctuations” in airfares and ancillary charges imposed by private airlines, weeks after the Centre said rules under the Bharatiya Vayuyan Adhiniyam, 2024, were nearing finalisation. According to the apex court’s cause list for September 7, a bench of Justices Vikram Nath and Sandeep Mehta will hear the petition filed by social activist S Laxminarayanan. The plea seeks a robust and independent regulatory mechanism to ensure greater transparency and passenger protection in India’s civil aviation sector.
Centre finalising rules
At the previous hearing on August 17, the Centre told the court that it had fast-tracked the framing of rules under the Bharatiya Vayuyan Adhiniyam, 2024, aimed at modernising the country’s aviation regulatory framework. The government placed the draft rules before the bench in a sealed cover and said final discussions were underway.
Additional Solicitor General Anil Kaushik, appearing for the Centre, sought three weeks to finalise the rules and place them before the court. Earlier, on July 13, the Supreme Court had directed the government to submit the rules framed under the 2024 law in a sealed cover, irrespective of whether they had been placed before Parliament.
Senior advocate Ravindra Srivastava, appearing for the petitioner, had questioned the effectiveness of the existing regulatory mechanism and argued that airlines were charging exorbitant fares. He said the previous rules would continue to operate until the new framework came into force.
During a May 15 hearing, the Supreme Court had stressed the need for some rationalisation of airfares and asked the Centre to provide relief to passengers. Solicitor General Tushar Mehta had then informed the court that the Bharatiya Vayuyan Adhiniyam had come into effect in January 2025 and rules under the legislation were being prepared.
Court flagged ‘exploitation’
The airfare issue has been under the court’s scrutiny since last year. In January, the Supreme Court said it would examine “unpredictable fluctuations” in ticket prices and raised concerns over sharp increases during festivals. It termed exorbitant fare increases by airlines “exploitation” and sought responses from the Centre and the Directorate General of Civil Aviation.
The petition argues that the absence of an authority empowered to effectively review or cap airfares and ancillary fees leaves passengers vulnerable to unpredictable pricing and additional charges.
It has also challenged the reduction in free check-in baggage allowance by private airlines from 25 kg to 15 kg for economy passengers, alleging that a service previously included in the ticket price has effectively been turned into an additional source of revenue.
The plea further questions restrictions permitting only a single piece of check-in baggage and argues that passengers who travel without checked baggage receive no corresponding rebate or benefit.
Monday’s hearing is expected to bring the Centre’s progress on the new aviation rules back under scrutiny, with the court having repeatedly raised concerns over whether the existing system adequately protects passengers from steep and unpredictable airline pricing.