New Delhi: The Supreme Court on Monday termed fluctuations in airfares as “serious,” and asked the Union government to provide a formal response on the issue.
A bench of Justices Vikram Nath and Sandeep Mehta, hearing a writ petition filed by social activist S Laxminarayan, remarked that fluctuating airfares and add-on charges during festive seasons was a matter of “very serious concern” which warranted consideration under Article 32 of the Constitution.
“This is a very serious concern. Otherwise, we don’t entertain Article 32 petition (for enforcement of fundamental rights),” the bench observed.
Additional solicitor general (ASG) Anil Kaushik, who appeared for the Union government, informed the top court that the issue was being examined at the “highest level” and an affidavit would be filed within four weeks.
“The solicitor general has also called a meeting. We have taken the matter to the highest level. We are in discussion with the highest authority. Four weeks’ time may be given. We will come up with a counter,” the ASG submitted.
“ASG Anil Kaushik, appearing for the Union, states that four weeks’ time be granted to the Ministry of Civil Aviation to file an affidavit following the deliberation. List this matter on March 23,” the court ordered.
The petition seeks regulatory guidelines to curb unpredictable and steep variations in airfare.
Senior advocate Ravindra Srivastava appeared for the petitioner, assisted by advocates Charu Mathur, Jay Cheema, and Abhinav Verma.
According to the petitioner, air travel is no longer a luxury but an essential service for millions, particularly during emergencies, festivals, and situations where rail and road transport may not be viable. The petition argues that airlines deploy opaque, algorithm-driven dynamic pricing systems that allow fares to change multiple times a day.
Such systems disproportionately affect the poor and middle-class, who often have to buy tickets at the eleventh hour due to medical emergencies, bereavement, examinations, or sudden work travel, the petition pointed out.
It further argued that despite air transport being recognised as an essential service under the Essential Services Maintenance Act, 1981, yet unlike railways, electricity, or healthcare sectors, airline pricing remains largely outside meaningful regulatory control.
Pointing out that airlines have, over time, reduced free baggage allowances from 25 kg to 15 kg in many cases, and imposed steep excess baggage charges, the petition seeks directions for Union government and Directorate General of Civil Aviation to frame binding norms on airfare pricing, cap surge pricing during peak periods, regulate baggage and other add-on charges, standardise cancellation and refund policies, and establish an independent aviation regulator with statutory powers to protect consumer interests.
