SC asks Centre, DGCA to respond to petition seeking to check to control unpredictable fluctuations in airfares

The Supreme Court on Monday asked the Centre, the Directorate General of Civil Aviation (DGCA) and the Airports Economic Regulatory Authority of India (AERAI) to a petition seeking binding regulatory guidelines to control the “unpredictable fluctuations” in airfare and ancillary charges imposed by private airlines in India.

Issuing notices to the respondents, a Bench of Justice Vikram Nath and Justice Sandeep Mehta asked them to file their replies activist S Laxminarayanan’s petition that sought to establish a robust, independent regulator that ensures transparency and passenger protection across the civil aviation sector and posted the matter for hearing after four weeks.

“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 petitioner submitted.

The plea said the wealthier few can plan and book in advance, while economically weaker citizens are forced to buy tickets at the peak of surge pricing.

In a Constitutional Republic governed by the rule of law, the State cannot remain a mute spectator to this ongoing violation of rights, it said, asserting that “The State has a positive obligation under Article 21 to ensure that essential services like air travel remain fair, affordable, transparent, and uninterrupted.”

The plea said inaction by the State in regulating fare algorithms, cancellation policies, service continuity, and grievance mechanisms constitutes a dereliction of its constitutional duty and calls for urgent judicial intervention.

The petition claimed that all private airlines have, 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 “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”, it submitted.

The petitioner claimed that currently, no authority has the power to review or cap airfares or ancillary fees, allowing airlines to exploit consumers through hidden charges and unpredictable pricing.

The plea said the “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”.

The petition contended that the absence of regulatory safeguards results in arbitrary fare hikes, especially during festivals or weather disruptions, which disproportionately harm poor and last-minute travellers.

It sought a direction to the Centre to consider the constitution, notification or empowerment of an independent aviation tariff and consumer protection commission with quasi-judicial powers.