The central government informed the Supreme Court on Monday that the work of framing rules under the Indian Aircraft Act, 2024 has been expedited. The purpose of these rules is to modernise India’s aviation sector and they will be finalized within three weeks.
The government placed the draft of the rules in a sealed envelope before the bench of Justice Vikram Nath and Justice Sandeep Mehta. The Centre informed that some final discussions are ongoing on the draft.
The bench said, “Publish it within seven days. If airlines are not complying, ground them.”
Centre assures completion of rules soon
Additional Solicitor General Anil Kaushik, appearing for the Centre, said that the process of finalizing the rules will be completed within three weeks.
He said, “We have expedited the work of framing rules. Give us three weeks, we will release the final version.”
The court examined the draft rules placed in the sealed envelope. The bench said, “A system has been suggested, but we are not certain about the regulator.”
The bench said that Kaushik has requested more time to finalize the draft rules and present them before it in three weeks. Following this, the next hearing of the case was scheduled for September 7.
Petition demands creation of independent regulator
This hearing was held on a petition by social activist S. Lakshminarayanan. He has demanded the creation of a strong and independent regulator to ensure transparency and passenger safety across the entire civil aviation sector.
The petition also demands the creation of regulatory guidelines to control the “uncertain fluctuations” in airfares and additional charges by India’s private airlines.
Senior advocate Ravindra Srivastava, appearing for the petitioner, said that the old rules continue to operate until the new rules are implemented. He questioned the “lack of willpower” of the authorities and the effectiveness of the existing system.
Srivastava said that airlines are charging very high fares. He referred to the Civil Aviation Minister’s statement in Parliament, saying that the government had stated it cannot fix a maximum limit on airfares.
Court had asked to present rules on July 13
The Supreme Court had asked the Centre on July 13 to place before it the rules framed under the Indian Aircraft Act, 2024. The court had said that the rules should be presented in a sealed envelope, whether or not they have been placed before Parliament.
While hearing the petition on May 15, the Supreme Court had said that airfares need to be rationalized. The court had asked the Centre to provide relief to passengers.
At that time, Solicitor General Tushar Mehta, appearing for the Centre, had informed that the new law of 2024 came into effect in January 2025. The rules to be framed under it are being prepared.
Court had expressed concern over fare hikes during festivals
Last year on November 17, the Supreme Court had sought responses from the Centre and other parties on Lakshminarayanan’s petition. The petition demanded a strong and independent regulator for transparency and passenger safety in the entire civil aviation sector.
During the hearing in January, the Supreme Court had said that it would intervene in the “arbitrary fluctuations” in airfares. The court had also raised the issue of excessive fare increases during festivals.
The court had termed the excessive increase in airfares by airlines as “exploitation”. It had asked the Centre and the Directorate General of Civil Aviation to file a response to the petition.
Petition raises issue of baggage and additional charges
The petition claims that all private airlines have reduced the free check-in baggage limit for economy class passengers from 25 kg to 15 kg. It states that this facility, which was earlier included in the ticket, has now been turned into a new source of revenue.
According to the petition, the new policy of now allowing only one bag for check-in and the absence of any provision for discount, compensation or benefit for passengers not using check-in baggage demonstrates the arbitrary and discriminatory nature of this arrangement.
The petition states that currently no authority has the right to review airfares or additional charges or to set their maximum limits. This gives airlines the opportunity to exploit consumers through hidden charges and uncertain pricing.
The petition also states that the unregulated, non-transparent and exploitative behavior of airlines manifests in the form of arbitrary fare increases, unilateral reduction in services, non-resolution of complaints on the ground and arbitrary dynamic pricing algorithms.
According to the petition, this behavior is a direct violation of citizens’ fundamental rights to equality, freedom of movement and living with dignity.
Greater impact on passengers during festivals and bad weather
The petition states that the absence of regulatory safeguards leads to arbitrary fare increases during festivals or bad weather. This most severely affects the poor and passengers who book tickets at the last moment.
The petition also states that the failure to regulate fare-setting algorithms, ticket cancellation policies, service continuity, and grievance redressal mechanisms is a lapse in the state’s constitutional obligations.
Consequently, the petition demands immediate judicial intervention. It states that there is no rule preventing airlines from raising prices based on demand, and it is not appropriate to give them such exemptions in essential services.
