The Supreme Court on Monday asked the Centre and key aviation regulators to respond to a petition alleging unchecked and “exploitative” pricing practices by private airlines, including steep fare fluctuations and reduced baggage allowances for economy-class passengers.
A bench of Justices Vikram Nath and Sandeep Mehta issued notices to the Union government, the Directorate General of Civil Aviation (DGCA) and the Airports Economic Regulatory Authority of India (AERA). The matter will be taken up after four weeks.
The petition, filed by social activist S. Laxminarayanan, calls for binding regulatory guidelines to curb what it describes as “unpredictable fluctuations” in airfares and ancillary fees. The petitioner has also sought an independent aviation tariff and consumer protection commission with quasi-judicial powers.
Senior advocate Ravindra Srivastava and advocates Charu Mathur and Abhinav Verma appeared for the petitioner.
The plea says private airlines have slashed the free check-in baggage allowance for economy-class passengers from 25 kg to 15 kg “without any credible justification”, effectively converting a standard service into a paid add-on.
It also points to a “single-piece” check-in policy, arguing that travellers who do not check in any baggage receive no rebate or compensation, making the measure arbitrary and discriminatory.
According to the petitioner, there is currently no authority that can review or cap airfares, leaving passengers vulnerable to hidden charges, erratic dynamic pricing and unilateral service reductions.
The petition argues that “unregulated, opaque and exploitative conduct of airlines” infringes the fundamental rights to equality and dignified movement under Articles 14 and 21 of the Constitution. It highlights how steep fare spikes during festivals, emergencies or weather disruptions disproportionately affect poor and last-minute travellers, while wealthier passengers who book early remain largely unaffected.
“This inequality in access and opportunity strikes at the heart of Article 14 and Article 21,” the petition says, adding that the State cannot remain “a mute spectator” when essential services become inaccessible due to exploitative pricing.
The petitioner asserts that dynamic pricing algorithms allow ticket prices to double or triple within hours, citing examples such as fare surges during the Maha Kumbh pilgrimage and after the Pahalgam terror incident.
The plea argues that the right to dignity includes access to emergency transport at fair rates, and arbitrary fare hikes during crises deny this right to vulnerable citizens who rely on air travel out of necessity.
It seeks directions for:
- Immediate enforcement of the Bharatiya Vayuyan Adhiniyam, 2024, the Aircraft Rules, 1937, and relevant civil aviation requirements.
- Recognition of domestic air travel as an essential service to prevent profiteering.
- Implementation of tariff-monitoring systems and action against excessive surge pricing.
- Restoration of the 25 kg free baggage allowance or compensatory protection for passengers.
The petition concludes by urging the Centre to consider setting up an independent aviation tariff and consumer protection commission to ensure transparency, affordability and accountability in air travel.
The Supreme Court will examine the matter after receiving responses from the Centre and the aviation regulators.
