NEW DELHI: The Supreme Court on Monday directed the Centre to submit the rules under the Bharatiya Vayuyan Adhiniyam, 2024, within two weeks, warning that any further delay would stall reforms in the aviation sector.
A bench of Justices Vikram Nath and Sandeep Mehta was hearing a public interest litigation (PIL) seeking immediate notification of the rules to operationalise the Bharatiya Vayuyan Adhiniyam, 2024, which aims to modernise India's aviation sector.
The PIL, filed by social activist S Laxminarayanan, sought directions to the Centre and the Directorate General of Civil Aviation (DGCA) to frame guidelines to curb "unpredictable fluctuations" in domestic airfares and bring greater transparency to airline pricing.
The bench directed the Centre to place the rules before it in a sealed cover within two weeks, irrespective of whether they have been tabled in Parliament. The court posted the matter for hearing after two weeks and directed the Centre to file the rules along with an affidavit.
Solicitor General Tushar Mehta, appearing for the Centre, informed the court that the draft rules were ready and in the final stage of consultation. He undertook to place them on record within two weeks.
Hearing the submissions, the bench observed, "The law must be brought into force. Place the rules in two weeks."
The Adhiniyam proposes the decriminalisation of offences, enhanced powers for the DGCA and the Bureau of Civil Aviation Security (BCAS), simpler norms for air services, and improved financing and leasing of aircraft.
The petitioner argued that without the rules, provisions relating to licensing, permits and penalties could not be implemented, leaving airlines and airports in limbo.
In the PIL, Laxminarayanan urged the apex court to direct the government and the aviation regulator to regulate dynamic pricing by airlines.
The plea sought fare caps by prescribing minimum and maximum limits for each sector to prevent arbitrary increases. It also sought directions to compel airlines to explain to passengers, at the time of booking, the factors and algorithms behind fare changes and to "Create a forum for passengers to challenge exorbitant fares," as stated in the petition.
The petition further submitted that sharp fluctuations in airfares infringe the right to travel and disproportionately burden ordinary citizens, particularly during medical emergencies and festive seasons, when fares often increase three to four times.
The Ministry of Civil Aviation has previously told Parliament that airfares are deregulated under the Aircraft Rules, 1937, and are determined by market forces. It said the DGCA's role is limited to monitoring tariffs on select routes to ensure they are not "unreasonable".
Laxminarayanan, however, contended that the absence of regulatory safeguards has led to profiteering and consumer exploitation. He also sought the creation of a robust and independent regulator to ensure transparency and passenger protection across the civil aviation sector.
