SC to hear plea seeking regulation of airfares, ancillary charges on Sept 7

The Supreme Court is scheduled to hear on Monday a plea seeking regulatory guidelines to curb "unpredictable fluctuations" in airfares and ancillary charges levied by private airlines in India.

According to the apex court's cause list for September 7, a bench comprising Justices Vikram Nath and Sandeep Mehta will hear the matter.

The hearing comes after the Centre told the Supreme Court on August 17 that it had fast-tracked the framing of rules under the Bharatiya Vayuyan Adhiniyam, 2024, aimed at modernising the country's aviation sector.

The Centre had said the rules would be finalised within three weeks and placed the draft before the bench in a sealed cover, stating that some final discussions were still underway.

The court had noted that Additional Solicitor General Anil Kaushik, appearing for the Centre, sought three weeks' time to finalise the draft rules and place them before the court.

The plea has been filed by social activist S Laxminarayanan, who has sought a robust and independent regulator to ensure transparency and passenger protection across the civil aviation sector.

The petitioner has also sought regulatory guidelines to control what he described as "unpredictable fluctuations" in airfares and ancillary charges imposed by private airlines.

Senior advocate Ravindra Srivastava, appearing for Laxminarayanan, had argued that until the new rules come into force, the existing regulations would continue to operate.

Questioning the authorities' "lack of willingness" and the effectiveness of the existing regulatory mechanism, Srivastava had submitted that airlines were charging exorbitant fares.

On July 13, the Supreme Court had directed the Centre to place before it the rules framed under the Bharatiya Vayuyan Adhiniyam, 2024.

It had said the rules should be submitted in a sealed cover irrespective of whether they had already been placed before Parliament.

During an earlier hearing on May 15, the apex court had said there should be some rationalisation of airfares and asked the Centre to provide relief to flyers.

Solicitor General Tushar Mehta, who was appearing for the Centre at the time, had told the bench that the new legislation came into force in January 2025 and the corresponding rules were being prepared.

The top court had first sought responses from the Centre and other parties on the plea on November 17 last year.

During a hearing in January, it had said it would intervene over "unpredictable fluctuations" in airfares and expressed concern over steep increases during festival periods.

The court had termed the exorbitant rise in airfares by airlines as "exploitation" and directed the Centre and the Directorate General of Civil Aviation to file their responses to the plea.

The petition also challenges changes in baggage allowances by private airlines.

It claims that all private airlines, without any credible justification, reduced the free check-in baggage allowance for economy-class passengers from 25 kg to 15 kg, "thereby converting what was earlier part of the ticketed service into a new revenue stream".

The plea further alleges that the policy allowing only a single piece of check-in baggage, along with the absence of any rebate, compensation or benefit for passengers who do not use the check-in baggage facility, demonstrates the "arbitrary and discriminatory nature" of the measure.

According to the petitioner, there is currently no authority with the power to review or cap airfares or ancillary fees, allowing airlines to exploit consumers through hidden charges and unpredictable pricing.

The plea seeks a regulatory framework that would bring greater transparency and passenger protection to the civil aviation sector.