The Supreme Court has refused to list urgently an application seeking a cap on Diwali airfares, with Justice Vikram Nath telling the petitioner’s counsel, “Don’t travel by air”. The pending PIL on airfare pricing is listed for November 16, 2026.
New Delhi: The Supreme Court on Monday refused to urgently list an interlocutory application seeking a cap on domestic airfares during the 2026 Diwali festive season and a mechanism to regulate fares during festival periods, with Justice Vikram Nath responding, “Don’t travel by air. Next case” [S. Laxminarayanan v. Union of India].
The application was mentioned before a Bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice Aparesh Kumar Singh.
What happened in Court
Advocate Abhinav, appearing for the petitioner, submitted that airfares had risen to 700 per cent of normal fares. He argued that air travel is an essential service and that such an increase amounts to a violation of Article 14 of the Constitution.
Don’t travel by air. Next case.
With that remark, Justice Nath declined to list the matter. The Bench did not hear the application on its merits and has recorded no finding on the allegations in it.
Background
The interlocutory application was filed on October 30 by petitioner S. Laxminarayanan in his pending PIL, W.P.(C) No. 1124/2025, which challenges algorithm-based dynamic pricing of airfares, steep increases in ticket prices at short notice and ancillary charges. As per the Court’s previous order, the PIL is listed for hearing on November 16, 2026.
In January 2026, the Court had decided to interfere after noting rampant surges in air ticket prices during festivals and high-demand periods. On November 1, the Centre notified the Bharatiya Vayuyan Niyam, 2026, which will take effect from January 1, 2027. The Rules allow the Centre to issue directions to airlines on fares if it considers intervention necessary in public interest in an extraordinary situation, and Rule 192 requires airlines operating scheduled services to determine fares on factors including the cost of operations and to submit tariff details to the Directorate General of Civil Aviation (DGCA).
What the application says
The application seeks directions to the Union Government and aviation authorities to frame a mechanism for capping domestic airfares during festival periods. Pending that, it seeks interim limits on economy fares during the current festive season and the year-end festival season. It also asks for restoration of the free checked baggage allowance in economy class from 15 kg to 25 kg during festival periods.
The petitioner states that fares on several major domestic routes rose between two and seven times their ordinary levels ahead of Diwali. The application cites a news report dated October 29, according to which a Delhi to Kolkata ticket that ordinarily costs Rs 10,000 to Rs 11,000 reached Rs 78,694 for travel on November 6.
It also points to wide variations between flights on the same route on the same day. A Bengaluru to Delhi flight departing at 5 am on November 6 was available for about Rs 15,901, while a 3:45 pm flight that day was priced at Rs 40,506, the plea states. Mumbai to Delhi fares rose from Rs 11,531 to Rs 60,577, and Delhi to Mumbai fares from Rs 5,223 to Rs 26,793, it adds.
Fuel costs and comparisons with other services
The application argues that the cost of aviation turbine fuel does not explain the increases, because flights on the same route on the same day burn comparable fuel. It recalls that at the hearing on July 13, 2026, the Court noticed that airlines cite fuel prices and geopolitical events to justify increases of 100 to 300 per cent, though the impact of fuel on cost is small.
It contends that fares set largely by demand, and not by operating costs, let airlines exploit passengers during festivals. According to the plea, confirmed train tickets for festival dates are exhausted weeks in advance, leaving air travel as the only option for those who must travel for festivals or for emergencies such as illness, death or employment. It adds that railway flexi fares are capped at one and a half times the base fare, essential medicine prices are capped under the Drugs (Prices Control) Order, 2013, and electricity tariffs are fixed by regulatory commissions.
The relief sought is limited and temporary.
The plea against the Centre and the DGCA
The application states that the Centre and the DGCA permit passenger exploitation through inaction despite having power to act. It relies on Rule 135 of the Aircraft Rules, 1937, saved by Section 43(2) of the Bharatiya Vayuyan Adhiniyam, 2024, which it says requires tariffs to be fixed having regard to the cost of operation, reasonable profit and the generally prevailing tariff, and empowers the DGCA to issue directions against an excessive or predatory tariff. It argues that the inaction is arbitrary and violates Articles 14, 19(1)(d) and 21 of the Constitution.
Why the order matters
The Bench’s refusal concerns urgent listing only. It is not a decision on whether airfares can or should be capped, and the Court has not examined the figures or the legal grounds in the application. The substantive questions remain with the pending PIL, which the Court itself has already treated as serious enough to prompt the Centre to frame aviation rules.
In practical terms, the next date in the PIL, November 16, falls after the November 6 travel dates cited in the application. Any relief for the current festive season would therefore depend on the matter being taken up earlier, while the new Bharatiya Vayuyan Niyam, 2026 will apply only from January 1, 2027.
Case Title: S. Laxminarayanan v. Union of India [W.P.(C) No. 1124/2025, Diary No. 44885/2025]
Bench: Justice Vikram Nath, Justice Sandeep Mehta and Justice Aparesh Kumar Singh, Supreme Court of India
Date of Mentioning: November 2, 2026
Appearance: Advocate Abhinav for the petitioner