SC seeks reply from Centre, others on plea over airfare fluctuations

New Delhi: The Supreme Court on Monday sought responses from the Centre and others on a plea seeking binding regulatory guidelines to control the “unpredictable fluctuations” in airfare and ancillary charges imposed by private airlines in India.

The apex court agreed to hear the petition filed by social activist S Laxminarayanan, who has sought to establish a robust, independent regulator that ensures transparency and passenger protection across the civil aviation sector.

A bench of Justices Vikram Nath and Sandeep Mehta issued notices to the Centre, the Directorate General of Civil Aviation (DGCA) and the Airports Economic Regulatory Authority of India seeking their responses on the plea and posted the matter for hearing after four weeks.

Senior advocate Ravindra Srivastava and advocates Charu Mathur and Abhinav Verma appeared for the petitioner in the matter.

The plea claimed 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 said 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”.

It claimed 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.

The plea said 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”.

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

The plea said the wealthier few can plan and book in advance, while economically weaker citizens are forced to buy tickets at the peak of surge pricing.

“This inequality in access and opportunity strikes at the heart of Article 14 and Article 21,” it said.

While Article 14 of the Constitution deals with equality before law, Article 21 pertains to the protection of life and personal liberty.

The plea said in a Constitutional Republic governed by the rule of law, the State cannot remain a mute spectator to this ongoing violation of rights.

“The State has a positive obligation under Article 21 to ensure that essential services like air travel remain fair, affordable, transparent, and uninterrupted,” it said.

The plea said 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.

It said there is no rule to stop airlines from increasing prices based on demand, and allowing them such freedom under essential services is unjustifiable.

It also said the right to dignity includes access to essential services such as emergency transport on fair and non-exploitative terms.