The Supreme Court flagged exorbitant, unpredictable airfare hikes during festive periods, signalling intervention to curb passenger exploitation. Justices Vikram Nath and Sandeep Mehta sought Centre and DGCA responses to a PIL seeking enforceable fare regulation and ancillary airline charges.
NEW DELHI: The Supreme Court expressed concerns regarding what it characterized as “exorbitant” and “unpredictable” increases in airfares, especially during festive periods, and indicated its intention to intervene on the matter.
A Bench of Justices Vikram Nath and Sandeep Mehta described the steep rise in ticket prices as “exploitation” of passengers. They directed the Centre and the Directorate General of Civil Aviation (DGCA) to respond to a public interest litigation (PIL) that calls for enforceable regulatory guidelines to control airfare fluctuations and additional charges imposed by private airlines.
The Bench remarked to Additional Solicitor General Anil Kaushik, who represented the Centre,
“We will definitely interfere. Just see the exploitation of passengers during the Kumbh and other festivals. Just look at the fares to Prayagraj and Jodhpur from Delhi,”
The PIL, initiated by social activist S. Laxminarayanan, advocates for the establishment of a robust and independent regulatory body to ensure transparency and safeguard passenger rights in the aviation sector. The petition claims that private airlines have unjustifiably reduced the free check-in baggage allowance for economy class passengers from 25 kg to 15 kg, thereby transforming an established service into an additional source of revenue.
It asserts that the policy allowing only a single piece of check-in baggage, without any rebate or compensation for passengers opting out of the service, is both arbitrary and discriminatory. Furthermore, the plea contends that there is currently no authority empowered to review or cap airfares or ancillary fees, allowing airlines to exploit consumers through hidden charges and erratic pricing.
Such “unregulated, opaque and exploitative” practices, it argues, violate citizens’ fundamental rights to equality, freedom of movement, and a life of dignity.
On November 17 of the previous year, the court had issued notices to the Centre, the DGCA, and the Airports Economic Regulatory Authority of India, requesting their responses.
During the hearing, Justice Mehta humorously noted to Solicitor General Tushar Mehta, present in court, that while fares to Ahmedabad might not have risen significantly, prices for locations like Jodhpur had “shot up.”
The petition emphasizes that arbitrary fare increases during festivals or weather-related disruptions disproportionately impact low-income and last-minute travellers, while wealthier passengers can book in advance and circumvent surge pricing. It maintains that the State’s failure to regulate fare algorithms, cancellation policies, service continuity, and grievance resolution mechanisms constitutes a neglect of its constitutional duties, warranting urgent judicial action.
The plea states,
“Arbitrary fare hikes during emergencies deny vulnerable citizens this right, especially when they are compelled to choose air travel out of necessity rather than luxury,”
The court allowed time for the Centre to file its response and set the next hearing for February 23.
Case Title: S Laxminarayanan Versus Union Of India And Ors.