The Supreme Court of India on Monday declined an urgent request for a hearing concerning a petition that alleged a staggering 700 per cent hike in commercial airfares. During the mention of the matter before a bench comprising Justices Vikram Nath, Sandeep Mehta, and Aparesh Kumar Singh, the counsel representing the petitioner sought an expedited review of the issue. However, the bench responded to the plea by remarking, "Don't travel by air."
Following the bench's observation, the advocate argued that air travel has become an essential service for many citizens. The petitioner further contended that the current pricing trends constitute a violation of Article 14 of the Constitution, which guarantees equality before the law and equal protection of the laws. Despite these arguments regarding the necessity of air travel and potential constitutional breaches, the court did not grant the request for an urgent listing.
This development comes as the apex court is already actively deliberating on a separate, broader petition filed by social activist S. Laxminarayanan. That petition seeks the establishment of a robust and independent regulatory body to oversee the civil aviation sector. The objective of that legal challenge is to ensure greater transparency and improved passenger protection, specifically by implementing regulatory guidelines to curb "unpredictable fluctuations" in airfares and the additional charges levied by private airlines operating within the country.
During the proceedings of the ongoing case on October 16, the Centre informed the Supreme Court that it had granted administrative approval for new rules under the Bharatiya Vayuyan Adhiniyam, 2024. These rules are designed to modernize the aviation sector and bring more structure to its operations. The government indicated that these regulations are expected to be published within a two-week timeframe. Consequently, the court has directed Solicitor General Tushar Mehta to present the finalized rules under the 2024 legislation during the next scheduled hearing, which is set for November 16.
The central government had previously informed the court in August that it was fast-tracking the framing of these specific rules to modernize the industry. The judicial scrutiny of this sector gained momentum last year when the Supreme Court sought responses from the Centre and other stakeholders regarding the activist's plea. By January, the court had expressed its intent to address the issue of unpredictable price spikes, particularly noting the sharp increases that often occur during festival seasons.
In those earlier observations, the Supreme Court had described the exorbitant price hikes implemented by airlines as a form of "exploitation" of passengers. At that time, the court had formally requested the Union government and the Directorate General of Civil Aviation (DGCA) to submit detailed replies addressing the concerns raised in the petition. As the court awaits the publication of the new legislative rules, the broader debate on how to balance airline commercial interests with passenger affordability remains a key area of focus for the judiciary.
The refusal to provide an urgent hearing for the specific 700 per cent hike claim suggests that the court intends to allow the ongoing, more comprehensive case to dictate the timeline for regulatory changes in the aviation sector. Passengers and industry observers are now looking toward the November 16 hearing, where the government’s progress on the Bharatiya Vayuyan Adhiniyam rules will be a critical point of review.
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