SC To Hear Plea Seeking Guidelines To Control Unpredictable Airfare Fluctuations

The Supreme Court is scheduled to hear today, September 6, a plea seeking regulatory guidelines to address what it describes as “unpredictable fluctuations” in airfares and ancillary charges imposed by private airlines in India.

According to the apex court’s cause list for September 6, the matter will be heard by a bench comprising Justices Vikram Nath and Sandeep Mehta. The proceedings come amid the court’s continuing scrutiny of airline pricing practices and passenger protection in the civil aviation sector.

The plea has been filed by social activist S Laxminarayanan, who has sought the establishment of a robust and independent aviation regulator empowered to ensure greater transparency and protect air passengers. It also seeks regulatory guidelines to check sharp and unpredictable increases in ticket prices and additional charges levied by private airlines.

The Centre had told the Supreme Court on August 17 that it had fast-tracked the framing of rules under the Bharatiya Vayuyan Adhiniyam, 2024, the legislation intended to modernise India’s aviation regulatory framework. The government said the rules would be finalised within three weeks and placed the draft before the bench in a sealed cover, noting that some final discussions were still underway.

The bench had taken note of the submission by Additional Solicitor General Anil Kaushik, who sought three weeks to complete the process and place the finalised rules before the court. The development is significant because the new legislation came into effect in January 2025, replacing the earlier legal framework, while the corresponding rules were still being formulated.

Earlier, on July 13, the Supreme Court had directed the Centre to place the rules framed under the Bharatiya Vayuyan Adhiniyam before it. The court specifically said the rules should be submitted in a sealed cover, irrespective of whether they had already been placed before Parliament.

During the hearing on May 15, the apex court had stressed the need for some rationalisation of airfares and asked the Centre to consider providing relief to passengers. Solicitor General Tushar Mehta, who was appearing for the Centre at that stage, had informed the court that the 2024 law had already come into force and that the new rules were being prepared.

The case dates back to November 17 last year, when the Supreme Court sought responses from the Centre and other parties on Laxminarayanan’s plea. During a subsequent hearing in January, the court said it would intervene over “unpredictable fluctuations” in airfares, particularly highlighting steep increases during festival periods. It described excessive fare hikes as “exploitation” and sought replies from the Centre and the Directorate General of Civil Aviation (DGCA).

The petitioner has also challenged changes in baggage policies. The plea claims that private airlines have reduced the free check-in baggage allowance for economy-class passengers from 25 kg to 15 kg without credible justification, effectively turning a service earlier included with the ticket into an additional revenue source.

It further questions the policy allowing only a single piece of check-in baggage and the absence of rebates, compensation or other benefits for passengers who do not use the check-in baggage facility. According to the plea, these measures raise concerns about arbitrary and discriminatory treatment of passengers.

A key contention before the court is that no existing authority has effective power to review or cap airfares or ancillary fees, which, the petitioner argues, leaves consumers vulnerable to hidden charges and unpredictable pricing. Today’s hearing could therefore provide further clarity on the proposed regulatory framework and the government’s steps to strengthen passenger protection in India’s rapidly expanding aviation sector.