Airfare Regulation Plea: Centre Tells Supreme Court New Aviation Rules Will Be Published Within Two Weeks

Solicitor General Tushar Mehta made the statement before a Bench of Justices Vikram Nath, R. Mahadevan and Aparesh Kumar Singh, which was hearing a plea seeking effective regulation of the sector and action against alleged predatory pricing by airlines during peak travel periods.

The Court directed that the matter be listed on November 16, by which date the published rules must be placed before it.

The bench was hearing a plea seeking a binding regulatory framework for airline pricing and passenger rights, including measures to curb arbitrary fare increases and additional charges and to establish an independent aviation regulator with adequate powers to protect consumers.

Appearing for the Union, the Solicitor General told the Court that the rules had cleared the stage of administrative approval, and that what remained was their publication, which would take place within two weeks.

The Bench recorded the statement and fixed the next date of hearing beyond the two-week window. By November 16, the Union is required to place the rules, as published, on the record of the Court, so that the Bench can examine them when it next takes up the plea.

Seeking to make a final submission, the petitioner told the Bench that airfares were continuing to rise sharply. "The newspapers are reporting, every newspaper is reporting, the air fare hike is soaring high, my lord, sky high, because it is totally unregulated," he said.

He argued that air travel concerned an essential service and that the rise in fares affected the public at large. "It is affecting everybody, my lord," he submitted.

The petitioner further contended that the pendency of the new rules did not leave the field unoccupied, since the existing rules remained in force in the meantime. "Even while the new rules are framed, the old rules are in operation, and they require, my lord, the fares to be regulated," he submitted.

As the petitioner pressed the Court on the time being taken to address the issue and urged that ordinary travellers continued to be affected, Justice Nath observed that the petitioner had been repeating the same submission at every hearing.

Justice Nath then remarked, "We are also victims."

"I thought so," the petitioner responded, before asking, "Then why does it take one and a half year? That's what my question."

The Court then proceeded to the next matter. The plea will next be heard on November 16.

Background

Last month, the Court had questioned the Union Government over the delay in notifying new aviation rules amid complaints of arbitrary airline ticket pricing and inadequate regulatory oversight, directing the Centre to place the finalised rules before it within two weeks, irrespective of whether they have been laid before Parliament.

In May, the Bench had expressed concern over steep and unpredictable airfare hikes by private airlines during festive seasons and holidays, observing that there has to be some “rationalisation” in ticket pricing.

Notably, in February the Court had observed that fluctuations in airfare of private airlines during festive seasons and holidays is a matter of "serious concern". The bench had said, "This is a very serious concern. Otherwise, we don’t entertain 32 petition".