The Bharatiya Vayuyan Vidheyak, 2024, has been passed by Parliament, marking a significant legislative update to replace the decades-old Aircraft Act. Introduced in the Lok Sabha on July 31, the bill was approved by the lower house on August 9. It received the Rajya Sabha’s nod today, paving the way for modernizing aviation regulations in India.
New Delhi: The parliament approved the Bharatiya Vayuyan Vidheyak, 2024, which will replace the Aircraft Act of 1934. During the ongoing Winter Session, Parliament passed a bill on Thursday aimed at replacing the Aircraft Act of 1934.
The Bill introduced in the Lok Sabha on July 31 and was passed by the lower house on August 9. The Rajya Sabha followed suit .
This new legislation allows regulatory bodies such as the Directorate General of Civil Aviation (DGCA), Bureau of Civil Aviation Security (BCAS), and Aircraft Accident Investigation Bureau (AAIB) to continue operating under the oversight of the Central government.
Additionally, the Bill broadens the regulatory scope to encompass aircraft design, in addition to manufacturing, ownership, and trade.
It introduces significant penalties for dangerous flying practices and actions that jeopardize airport security, such as the killing of animals or the disposal of waste near airport facilities. Offenders could face fines of up to Rs.1 crore or a maximum prison term of three years.
A key aspect of the Bill is the establishment of a second appeal mechanism for penalties imposed under its regulations.
However, PRS Legislative Research raised concerns regarding the Bill. Unlike sectors such as telecommunications and insurance, which have independent regulatory bodies, civil aviation remains under the control of the DGCA, a governmental entity.
Furthermore, the Bill allows the government to appoint arbitrators in compensation disputes, which may conflict with the Supreme Court’s ruling against unilateral arbitrator appointments under Article 14 of the Constitution.
Another contentious point highlighted by PRS is the government’s authority to impose criminal penalties for violations, potentially undermining the principle of separation of powers.
The Aircraft Act, originally enacted in 1934, governs the manufacturing, possession, operation, and use of aircraft in India. It provides the legal framework for aviation safety, air transport services, and the regulation of aerodromes and air navigation services.
The Act also empowers the government to implement rules regarding airworthiness, aircraft maintenance, and the certification of pilots and crew. Over the years, amendments have been made to address emerging aviation needs, but the passage of the Bharatiya Vayuyan Vidheyak, 2024 aims to overhaul and modernize this legislative framework to better align with contemporary global aviation standards.