'Don't travel by air', says SC, rejects urgent hearing on 700% airfare hike plea

The Supreme Court on Monday refused to urgently hear a plea alleging that domestic airfares had increased by as much as 700 per cent ahead of the festive season, with a judge telling the petitioner's counsel, "Don't travel by air."

The matter was mentioned before a three-judge bench comprising Justices Vikram Nath, Sandeep Mehta and Aparesh Kumar Singh, which declined to advance the hearing despite concerns raised over steep increases in airline ticket prices.

During the brief exchange, the advocate appearing for the petitioner told the bench that airfares had risen sharply and argued that air travel constituted an essential service. He also contended that the increases violated Article 14 of the Constitution, which guarantees equality before the law.

However, the bench declined the request for urgent listing. The application forms part of a pending public interest litigation concerning airline pricing practices and passenger protection.

𝗣𝗹𝗲𝗮 𝗳𝗹𝗮𝗴𝘀 𝘀𝗲𝘃𝗲𝗻𝗳𝗼𝗹𝗱 𝗶𝗻𝗰𝗿𝗲𝗮𝘀𝗲 𝗶𝗻 𝗳𝗮𝗿𝗲𝘀

The application was filed by social activist S Laxminarayanan, who has challenged the sharp fluctuations in domestic airfares, particularly during festivals and periods of high passenger demand.

The petitioner alleged that ticket prices on several major domestic routes had risen to between two and seven times their normal levels ahead of Diwali, Bhai Dooj and Chhath Puja.

According to the application, a Delhi-Kolkata ticket ordinarily costing around Rs 10,000 to Rs 11,000 was being offered for Rs 78,694 for travel on November 6.

It also highlighted substantial differences in ticket prices for flights operating on the same route on the same day. On the Bengaluru-Delhi sector, one flight was reportedly priced at approximately Rs 15,901, while another departing later was available for Rs 40,506.

The petitioner argued that such differences could not be justified solely by aviation turbine fuel costs and reflected excessive reliance on demand-based pricing.

𝗣𝗲𝘁𝗶𝘁𝗶𝗼𝗻𝗲𝗿 𝘀𝗲𝗲𝗸𝘀 𝗳𝗮𝗿𝗲 𝗰𝗮𝗽𝘀

The application sought directions to the Centre and aviation authorities to introduce a mechanism for regulating domestic airfares during festival periods.

It also requested temporary limits on economy-class ticket prices during the ongoing festive season and the year-end travel period until a broader regulatory framework could be established.

The petitioner argued that passengers travelling for family emergencies, employment or festivals often had limited alternatives, particularly when confirmed railway reservations were unavailable.

The plea further sought restoration of the free checked baggage allowance for economy passengers from 15 kg to 25 kg during festival periods, arguing that additional baggage charges increased the financial burden on travellers.

The application maintained that while airlines were entitled to recover operating costs and earn reasonable profits, sudden and substantial fare increases required regulatory intervention.

𝗦𝗖 𝗵𝗮𝗱 𝗲𝗮𝗿𝗹𝗶𝗲𝗿 𝗳𝗹𝗮𝗴𝗴𝗲𝗱 𝗵𝗶𝗴𝗵 𝗮𝗶𝗿𝗳𝗮𝗿𝗲𝘀

The Supreme Court has been examining the broader issue of airline pricing since last year, when it sought responses from the Centre and other authorities on Laxminarayanan's petition.

During a hearing in January, the court expressed concern over unpredictable fare fluctuations and steep ticket prices during major religious gatherings and festivals.

The bench had described excessive fare increases as exploitation and indicated that judicial intervention might be necessary to protect passengers.

At a subsequent hearing in May, the court again called for rationalisation of airline fares, highlighting instances where economy-class tickets on the same route were being sold at significantly different prices by competing airlines.

The petitioner has argued that the absence of effective regulatory limits allows airlines to impose disproportionate charges during periods of high demand.

𝗡𝗲𝘄 𝗮𝘃𝗶𝗮𝘁𝗶𝗼𝗻 𝗿𝘂𝗹𝗲𝘀 𝗻𝗼𝘁𝗶𝗳𝗶𝗲𝗱

The Centre had earlier informed the Supreme Court that it was framing rules under the Bharatiya Vayuyan Adhiniyam, 2024, to modernise the regulatory framework governing India's aviation sector.

During a hearing on October 16, the government said administrative approval had been granted for the proposed rules and that they were expected to be published within two weeks.

The Bharatiya Vayuyan Niyam, 2026, were subsequently notified on November 1 and are scheduled to take effect on January 1, 2027.

The new framework provides for government intervention in airline fares under specified extraordinary circumstances when considered necessary in the public interest.

It also requires scheduled airlines to determine fares with reference to operational costs and submit tariff information to the Directorate General of Civil Aviation.

𝗡𝗲𝘅𝘁 𝗵𝗲𝗮𝗿𝗶𝗻𝗴 𝗼𝗻 𝗡𝗼𝘃𝗲𝗺𝗯𝗲𝗿 𝟭𝟲

The pending public interest litigation is scheduled for hearing on November 16, when the Supreme Court is expected to examine the regulatory framework and the concerns raised over airline pricing.

The court had earlier asked Solicitor General Tushar Mehta to place the published aviation rules before it at the next hearing.

Monday's refusal concerned the request for an urgent hearing and did not amount to a final ruling on the legality of dynamic airfare pricing or the petitioner's demand for fare caps.

The broader dispute over passenger protection, fare transparency and regulatory oversight therefore remains pending before the apex court.