Approval granted for rules under Bharatiya Vayuyan Adhiniyam, 2024: Centre to SC

NEW DELHI: The Centre on Friday informed the Supreme Court that administrative approval has been granted to rules under the 2024 Act aimed at regulating and controlling India's aviation sector, and is likely to be published in two weeks.

A bench of Justices Vikram Nath, R Mahadevan and Aparesh Kumar Singh asked Solicitor General Tushar Mehta to place the published rules under the Bharatiya Vayuyan Adhiniyam, 2024 before the court on the next date of hearing.

At the outset, Mehta said, "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 court was hearing a plea filed by social activist S Laxminarayanan, who has sought a robust and independent regulator that ensures transparency and passenger protection across the civil aviation sector and regulatory guidelines to control the "unpredictable fluctuations" in airfare and ancillary charges imposed by private airlines in India.

On August 17, the Centre told the top court that it has fast-tracked the framing of rules under the Bharatiya Vayuyan Adhiniyam, 2024, which is aimed at modernising India's aviation sector, and it would be finalised within three weeks.

The government placed the draft rules in a sealed cover and said some final discussions are going on.

On July 13, the top court had asked the Centre to place the rules framed under the Bharatiya Vayuyan Adhiniyam, 2024 before it.

It had said the rules be placed before it in a sealed cover, irrespective of whether those have been placed before Parliament. Earlier, the apex court had said there should be some rationalisation of airfares and asked the Centre to provide relief to flyers.

The Centre had told the bench that the new enactment of 2024 had come into effect in January 2025 and the corresponding rules were in the process of being prepared.

On November 17 last year, the top court sought responses from the Centre and others on Laxminarayanan's plea seeking a robust and independent regulator that ensures transparency and passenger protection across the civil aviation sector.

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

It had termed the exorbitant rise in airfares by the airlines "exploitation" and asked the Centre and the Directorate General of Civil Aviation to file their replies on the plea.

The plea claims 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 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 plea claims 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.

It also 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".

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

It has added that 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 plea also says there is no rule to stop airlines from increasing prices based on demand and allowing them such freedom under essential services is unjustifiable.