Aviation Ministry weighs curbs on festival airfare surge, Centre tells SC

The Centre on Monday told the Supreme Court that the Ministry of Civil Aviation was actively considering the issues raised in a PIL which sought regulatory guidelines to control the unpredictable fluctuations in airfare and ancillary charges imposed by private airlines in India.

A bench of Justices Vikram Nath and Sandeep Mehta, which termed the issue as "serious", granted four weeks to the Centre for the conclusion of the deliberations on the issue flagged in the public interest litigation (PIL).

"This is a very serious concern. Otherwise, we don't entertain 32 petitions," the bench said.

Appearing for the Centre, Additional Solicitor General Anil Kaushik said that they need at least three weeks to file their response on the PIL as the concerned ministry is actively considering the issues raised in the petition.

The bench, which recorded that the issues have been taken note by the ministry, posted the matter for further hearing on March 23.

On January 19, the top court said it would interfere with the "unpredictable fluctuations" in airfares and flagged the exorbitant rise during festivals.

The top court termed the exorbitant rise of airfares by the airlines as "exploitation" and asked the Centre and the Directorate General of Civil Aviation (DGCA) to file their replies to a PIL seeking binding regulatory guidelines to control the unpredictable fluctuations in airfare and ancillary charges imposed by private airlines in India.

On November 17, the top court sought responses from the Centre and others on a plea by social activist S Laxminarayanan, who has sought to establish a robust and independent regulator that ensures transparency and passenger protection across the civil aviation sector.

It has issued notices to the Centre, the DGCA and the Airports Economic Regulatory Authority of India seeking their responses on the plea.

The plea 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".

It has said 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 claimed that currently, no authority has the power to review or cap airfares or ancillary fees, allowing the 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".

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

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.

It 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.

It said there is no rule to stop the airlines from increasing prices based on demand and allowing them such freedom under essential services is unjustifiable.

It also said the right to dignity includes access to essential services such as emergency transport on fair and non-exploitative terms.

"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 plea said.