Airfares during Durga Puja, Diwali may not be too high:Centre may submit plan to SC supervising ‘unpredictable fluctuations’ in airfares

Airfares during the upcoming festive season, like Durga Puja and Diwali may not be too high this time around as the Supreme Court has asked the Centre to submit a new framework of rules and regulations preventing ‘unpredictable fluctuations’ in airfares. The top court was hearing a case on Monday in which the discussion on preventing ‘unpredictable fluctuations’ in airfares was made earlier. The Centre may submit a plan in next three weeks that may also look into this matter apart from other things. The Centre told the Supreme Court on Monday that it has fast-tracked the framing of rules under the Bharatiya Vayuyan Adhiniyam, 2024, which is aimed at modernising India’s aviation sector, and that the same would be finalised within three weeks.

The government placed the draft rules before a bench of Justices Vikram Nath and Sandeep Mehta in a sealed cover, and said some final discussions are going on.
“You publish this within seven days,” the bench said, adding, “If airlines are not complying, ground them.”
Additional Solicitor General Anil Kaushik, appearing in the matter for the Centre, told the bench that the rules would be finalised within three weeks.
“We have fast-tracked the framing of rules. Give us three weeks, we will come out with the finalised version,” he said.
The court was hearing a plea filed by social activist S Laxminarayanan, who has sought a robust and independent regulator that ensures transparency and passenger protection across the civil aviation sector and regulatory guidelines to control the “unpredictable fluctuations” in airfare and ancillary charges imposed by private airlines in India.
Senior advocate Ravindra Srivastava, appearing in the matter for the petitioner, told the bench that till the time the new rules come into force, the old rules are operating.
Questioning the “lack of willingness” on the part of authorities and the effectiveness of the existing mechanism, he argued that airlines are charging exorbitant fares.
Referring to a statement of the civil aviation minister in Parliament, Srivastava contended it was said that the government cannot cap airfares.
Kaushik assured the bench that the process of finalising the rules would be completed within three weeks.
The bench perused the draft rules placed before it in the sealed cover. “There is a mechanism suggested but regulator, we are not sure,” it observed.
It noted that Kaushik has requested some more time to get the draft rules finalised and place before the bench within three weeks and posted the matter for hearing on September 7.
On July 13, the top court had asked the Centre to place the rules framed under the Bharatiya Vayuyan Adhiniyam, 2024, before it.
It had said the rules be placed before it in a sealed cover, irrespective of whether those have been placed before Parliament. On May 15, SC asked Centre to provide relief to flyers:
While hearing the plea on May 15, the apex court said there should be some rationalisation of airfares and asked the Centre to provide relief to flyers.
Solicitor General Tushar Mehta, who was then appearing in the matter for the Centre, had told the bench that the new enactment of 2024 had come into effect in January 2025 and the corresponding rules were in the process of being prepared.
On November 17 last year, the top court sought responses from the Centre and others on Laxminarayanan’s plea seeking a robust and independent regulator that ensures transparency and passenger protection across the civil aviation sector.
While hearing the matter in January, the top court said it would interfere with the “unpredictable fluctuations” in airfares and flagged the exorbitant rise during festivals.
It had termed the exorbitant rise in airfares by the airlines “exploitation” and asked the Centre and the Directorate General of Civil Aviation to file their replies on the plea. Airlines cut free check-in baggage weight limit to 15 kg from 25 kg The plea claims that all private airlines have, without any credible justification, reduced the free check-in baggage allowance for economy-class passengers from 25 kg to 15 kg, “thereby converting what was earlier part of the ticketed service into a new revenue stream”.
It says the “new policy of permitting only a single piece for check-in and the absence of any rebate, compensation or benefit to passengers who do not avail themselves of check-in baggage demonstrates the arbitrary and discriminatory nature of the measure”.
The plea claims that currently, no authority has the power to review or cap airfares or ancillary fees, allowing airlines to exploit consumers through hidden charges and unpredictable pricing.
It also 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 plea also says there is no rule to stop airlines from increasing prices based on demand and allowing them such freedom under essential services is unjustifiable.