The Centre told the Supreme Court it will publish aviation rules under the Bharatiya Vayuyan Adhiniyam, 2024, within two weeks. Solicitor General Tushar Mehta said, "The rules have been finalised and the administrative approval to the rules has been granted." The court posted the next hearing for November 16 to review.
The Centre has informed the Supreme Court that administrative approval has been granted for rules under the Bharatiya Vayuyan Adhiniyam, 2024, which seeks to regulate and modernise India's aviation sector. The rules are likely to be published within two weeks, news agency Press Trust of India reported.
The development came during the hearing of a petition seeking an independent aviation regulator, greater transparency and passenger protection, and guidelines to control unpredictable changes in airfares and additional charges imposed by private airlines.
A bench of Justices Vikram Nath, R Mahadevan and Aparesh Kumar Singh asked Solicitor General Tushar Mehta to place the published rules before the court at the next hearing.
At the outset, Mehta told the court: "The rules have been finalised and the administrative approval to the rules has been granted. The same would be published within two weeks." The bench posted the matter for hearing on November 16.
The petition was filed by social activist S Laxminarayanan. It seeks a strong and independent regulator to ensure transparency and protect passengers across the civil aviation sector. It also seeks regulatory guidelines to control "unpredictable fluctuations" in airfares and additional charges imposed by private airlines.
On August 17, the Centre told the Supreme Court that it had fast-tracked the framing of rules under the 2024 law and that they would be finalised within three weeks. The government placed the draft rules in a sealed cover and said final discussions were under way, according to PTI.
On July 13, the court had asked the Centre to place the rules framed under the Bharatiya Vayuyan Adhiniyam, 2024, before it in a sealed cover, irrespective of whether they had been placed before Parliament.
The Supreme Court had earlier said there should be some rationalisation of airfares and asked the Centre to provide relief to passengers. The Centre had told the bench that the 2024 law came into effect in January 2025 and that the corresponding rules were being prepared.
On November 17 last year, the court sought responses from the Centre and others on Laxminarayanan's petition. During a hearing in January, the court said it would intervene over "unpredictable fluctuations" in airfares and highlighted steep increases during festivals.
The court described the steep rise in airfares by airlines as "exploitation" and asked the Centre and the Directorate General of Civil Aviation to respond to the petition.
The petition claims that all private airlines have reduced the free check-in baggage allowance for economy-class passengers from 25 kg to 15 kg without credible justification, "thereby converting what was earlier part of the ticketed service into a new revenue stream".
It says 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 petition also claims that no authority currently has the power to review or cap airfares or additional fees, allowing airlines to impose hidden charges and unpredictable pricing on consumers.
It contends that 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".
According to the petition, the absence of regulatory safeguards results in arbitrary fare increases, particularly during festivals or weather disruptions, disproportionately affecting poor people and last-minute travellers.
It adds that the State's failure to regulate fare-setting systems, cancellation policies, continuity of services and complaint mechanisms amounts to a failure to perform its constitutional duty and requires urgent judicial intervention.
The petition further says there is no rule preventing airlines from increasing prices according to demand and argues that allowing such freedom in an essential service is unjustifiable.
The Supreme Court will take up the matter again on November 16, when the Centre is expected to place the published rules under the Bharatiya Vayuyan Adhiniyam, 2024, before the bench.