The Supreme Court has issued notices to the Government and DGCA over rising airfares and hidden airline charges, seeking stricter regulations to protect passengers from unpredictable pricing, unfair baggage rules, and opaque airline practices across India.
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NEW DELHI: The Supreme Court of India has issued notices to the Central Government, the Directorate General of Civil Aviation (DGCA), and the Airports Economic Regulatory Authority of India (AERA) in response to a public interest litigation (PIL) filed by social activist S. Laxminarayanan seeking stricter regulations on airline pricing and hidden charges.
A bench comprising Justices Vikram Nath and Sandeep Mehta has directed the authorities to submit their responses within four weeks. The PIL highlights concerns over unpredictable airfare hikes, opaque pricing algorithms, reduced baggage allowances, and inadequate grievance redressal mechanisms by private airlines.
The petition
The petition emphasizes that unregulated airline practices are infringing on citizens’ fundamental rights under the Constitution, including:
- Right to equality
- Freedom of movement
- Right to life with dignity (Article 21)
According to Laxminarayanan, air travel is often the only fast and practical mode of transportation in remote or hard-to-reach areas. However, the lack of oversight allows airlines to hike fares unpredictably, especially during high-demand periods, festivals, or emergencies like the Pahalgam terror incident or the Maha Kumbh pilgrimage.
The PIL points out that while aviation is recognized as an essential service under the Essential Services Maintenance Act, 1981, airfares remain largely unregulated. Unlike crucial services such as railways, electricity, healthcare, and education, air travel fares are left to private airlines.
Key issues include
- Abrupt fare increases without transparency
- Reduced free check-in baggage allowance from 25 kg to 15 kg for economy passengers
- Lack of legally binding passenger rights under the DGCA’s Passenger Charter
- No authority empowered to cap airfares or ancillary fees
This has created a regulatory vacuum, leaving passengers vulnerable to hidden charges, algorithm-driven price hikes, and unfair practices.
The PIL urges the Supreme Court to step in, noting that the State‘s regulation of fare algorithms, cancellation policies, and grievance mechanisms constitutes a dereliction of constitutional duty. The petitioner argues for the establishment of clear rules and an independent regulatory body to protect consumer rights in the aviation sector.
Appearance:
For the petitioner: Senior Advocate Darpan Wadhwa with advocates Arijit Mazumdar, Riya Dhingra, Amer and Bhaskar Anand
