The Centre on Monday told the Supreme Court that it has fast-tracked the framing of rules under the Bharatiya Vayuyan Adhiniyam, 2024, and will finalise them within three weeks, as the court pressed for an early rollout of the new regulatory framework amid concerns over high airfares and passenger protection.
The government placed the draft rules before a bench of Justices Vikram Nath and Sandeep Mehta in a sealed cover, saying final discussions were under way. The bench, however, asked the Centre to publish the rules within seven days and warned airlines of stringent action for non-compliance.
“If airlines are not complying, ground them,” the bench said. Additional Solicitor General Anil Kaushik, appearing for the Centre, sought three weeks to complete the process and place the finalised rules before the court. The bench posted the matter for September 7.
The court also flagged uncertainty over the regulatory mechanism proposed under the draft rules. After perusing the document, it observed that while a mechanism had been suggested, it was not clear to the bench whether an effective regulator was in place. The issue assumes significance as the case centres on demands for a stronger and independent regulatory framework covering airfares, ancillary charges and passenger grievances.
The matter relates to a plea by social activist S Laxminarayanan seeking greater oversight of private airlines and safeguards against what the petition describes as unpredictable and excessive increases in airfares. The plea has argued that there is currently no effective authority with the power to review or cap airfares or ancillary charges, allowing airlines to use dynamic pricing and other charges without adequate regulatory scrutiny.
The Supreme Court had in May expressed concern over the sharp increase in airfares and asked the Centre to provide relief to passengers. During earlier hearings, the court had also flagged steep fare increases during festivals and described excessive fare hikes by airlines as exploitation. The Centre had then said the the new enactment of Bharatiya Vayuyan Adhiniyam, 2024, which came into effect in January 2025, had replaced the earlier aviation law and that the corresponding rules were being prepared.
The petitioner has also challenged the reduction in free check-in baggage allowance by private airlines from 25 kg to 15 kg, highlighting that services earlier included in the ticket are being converted into additional revenue streams. The plea has sought safeguards on baggage, cancellation policies, service continuity, dynamic pricing and grievance redressal, particularly during periods of high demand, festivals and weather disruptions.
The Supreme Court had on July 13 directed the Centre to place the rules before it in a sealed cover, irrespective of whether they had been placed before Parliament.
