The Supreme Court is scheduled to hear on July 13 a plea seeking regulatory guidelines to curb "unpredictable fluctuations" in airfares and ancillary charges imposed by private airlines.
A Bench of Justices Vikram Nath and Sandeep Mehta will hear the petition filed by social activist S. Laxminarayanan, who has also sought the creation of an independent regulator to ensure transparency, fair pricing and passenger protection in the civil aviation sector.
The petition argues that airlines currently have unchecked powers to impose arbitrary fare hikes and ancillary charges, particularly during periods of high demand, and seeks judicial intervention to introduce safeguards.
On May 15, the Supreme Court observed that there should be some rationalisation of airfares and asked the Centre to provide relief to air travellers. The Bench noted that airlines operating on the same route often charged widely varying fares on the same day.
The Centre, while acknowledging the issue, informed the court that the Bharatiya Vayuyan Adhiniyam, 2024, came into force in January 2025 and that the corresponding rules are under consultation.
The petitioner, represented by senior advocate Ravindra Srivastava, submitted that regulatory provisions already existed under the Aircraft Act, 1937, but were not being effectively implemented.
The apex court had issued notices to the Centre and other respondents on November 17 last year. Earlier, the Centre told the court that the Ministry of Civil Aviation was actively examining the concerns raised in the petition.
During an earlier hearing on January 19, the court said it would examine the issue of "unpredictable fluctuations" in airfares and flagged the steep rise in ticket prices during festival seasons. It had also described the sharp increase in fares as "exploitation" and directed the Centre and the Directorate General of Civil Aviation (DGCA) to file their responses.
The plea contends that private airlines have 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 further states that 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".
According to the petition, there is currently no authority empowered to review or cap airfares or ancillary fees, enabling airlines to levy hidden charges and adopt unpredictable pricing practices.
It alleges 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 leads to arbitrary fare hikes, particularly during festivals and weather-related disruptions, disproportionately affecting poor and last-minute travellers.
It also contends that the State's failure to regulate fare algorithms, cancellation policies, service continuity and grievance redressal amounts to a constitutional lapse requiring judicial intervention. The plea further argues that there are no rules preventing airlines from raising fares based solely on demand, allowing them excessive pricing freedom in an essential service.
(With inputs from PTI)