The Supreme Court has expressed serious concern over steep and unpredictable airfare hikes during festivals, calling it exploitation of passengers. The Court has sought responses from the Centre and DGCA on regulating airfare pricing and protecting consumer rights.
New Delhi: The Supreme Court on Monday strongly expressed concern over the sharp and unpredictable increase in airfares in India, especially during festivals and major religious events. The top court made it clear that it is ready to step in to protect passengers from what it described as unfair and exploitative pricing by airlines.
A Bench of Justices Vikram Nath and Sandeep Mehta was hearing a Public Interest Litigation (PIL) that seeks binding rules to control fluctuating airfares and additional charges imposed by private airlines.
During the hearing, the Bench openly criticised the steep hike in ticket prices and asked the Central Government and the Directorate General of Civil Aviation (DGCA) to file their replies.
While addressing Additional Solicitor General Anil Kaushik, who appeared for the Centre, the Bench remarked,
“We will definitely interfere. Just see the exploitation of passengers done during the ‘Kumbh’ and other festivals. Just look at the fares to Prayagraj and Jodhpur from Delhi,”
clearly indicating its displeasure over the situation.
Justice Sandeep Mehta, speaking in a lighter tone, also referred to Solicitor General Tushar Mehta, who was present in court, and said that although airfares to Ahmedabad might not have increased, prices for other destinations had surged sharply, including Jodhpur.
After the Centre sought time to place its response on record, the Supreme Court listed the matter for further hearing on February 23.
The case arises from a plea filed by social activist S. Laxminarayanan, on which the Supreme Court had earlier, on November 17 last year, issued notices to the Centre, the DGCA and the Airports Economic Regulatory Authority of India.
The petitioner has urged the court to ensure the creation of a strong and independent regulatory mechanism to protect air passengers and bring transparency to the civil aviation sector.
The plea alleges that private airlines have reduced the free check-in baggage allowance for economy class passengers from 25 kg to 15 kg without any valid reason. It claims this change has turned a basic service into an extra source of revenue for airlines.
According to the petition,
“thereby converting what was earlier part of the ticketed service into a new revenue stream”.
It further points out that the current rule allowing only a single piece of check-in baggage, along with the lack of any rebate or benefit for passengers who do not carry baggage, shows unfair treatment by airlines. The plea states that
“the new policy of permitting only a single piece for check-in and the absence of any rebate, compensation or benefit to passengers who do not avail themselves of check-in baggage demonstrates the arbitrary and discriminatory nature of the measure”.
The petitioner has argued that at present, no authority has the power to review or cap airfares or additional charges, which allows airlines to freely impose hidden fees and unpredictable prices. The plea claims that
“unregulated, opaque and exploitative conduct of airlines manifesting in arbitrary fare hikes, unilateral reduction of services, absence of on-ground grievance redressal and unjustified dynamic pricing algorithms directly infringes upon citizens’ fundamental rights to equality, freedom of movement and life with dignity”.
It has also highlighted that sudden fare hikes during festivals, emergencies or bad weather situations affect poor and last-minute travellers the most. According to the plea, while financially stronger passengers can plan and book tickets early, weaker sections of society are forced to buy tickets at extremely high prices.
The petition further states that the government’s failure to regulate airfare algorithms, cancellation policies, service continuity and passenger grievance systems amounts to neglect of its constitutional responsibility and requires urgent judicial action.
Questioning the logic of free pricing in essential services, the plea says there is no rule preventing airlines from raising fares purely based on demand and that allowing such freedom is unjustified.
Emphasising the importance of dignity, the plea adds that access to essential services, including emergency travel, must be fair and reasonable.
It 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,”
underscoring the serious impact of unchecked airfare pricing on ordinary citizens.
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