The Supreme Court on Thursday expressed strong displeasure with the Union government for repeatedly failing to submit its affidavit in a petition seeking regulatory guidelines to address unpredictable fluctuations in airfares and ancillary charges imposed by private airlines, as reported by PTI.
Bench Questions Repeated Delays
A bench comprising Justices Vikram Nath and Sandeep Mehta directed the Centre to file an application along with an affidavit explaining why no response had been provided despite multiple opportunities, and why additional time was being sought. The court's remarks came after the government's counsel cited the evolving situation in the Middle East as a reason for the delay.
“What is this? What prevents you from filing an affidavit?” the bench asked.
Petition Seeks Stronger Regulation
The case pertains to a petition filed by social activist S. Laxminarayanan, seeking a robust and independent regulator to ensure transparency, passenger protection, and oversight in the civil aviation sector. When the matter was heard, the petitioner's counsel informed the court that the Centre had yet to file any reply.
The government's lawyer stated that authorities were contemplating framing rules. In response, the bench said, “You file an affidavit and place everything on record. Why can't you file an affidavit? What is this stand of the Union? Three times we have granted you time.”
Court Rejects Extension Request
The Centre sought three more weeks to file its response, but the bench declined the request and directed that the affidavit be submitted by next week. “You file your affidavit and say whatever you want to say. Your affidavit must come by next Friday (May 8),” the court ordered.
In its order, the bench noted that notice had been issued on November 17 last year, and adequate time had been granted thereafter, but no affidavit had been filed till date. “We are not willing to accept the request. Let an appropriate application along with an affidavit giving reasons for why affidavit has not been filed and why further time is being sought, be filed within a week. List again on May 11,” the bench stated.
Previous Hearings Highlight Concerns
Earlier, on February 23, the Centre had informed the apex court that the Ministry of Civil Aviation was actively considering the issues raised in the plea. During a hearing on January 19, the court said it would examine the issue of “unpredictable fluctuations” in airfare and flagged steep increases during festivals. The court termed exorbitant airfare hikes by airlines as “exploitation” and sought responses from the Centre and the Directorate General of Civil Aviation (DGCA).
In November last year, notices were issued to the Centre, DGCA, and the Airports Economic Regulatory Authority of India.
Allegations Against Airlines
The plea alleged that private airlines had, without credible justification, reduced free check-in baggage allowance for economy passengers from 25 kg to 15 kg, turning an earlier ticketed service into an additional revenue source. It also challenged the policy of allowing only one check-in baggage piece and claimed that passengers who do not use baggage receive no rebate or benefit.
According to the petition, no authority currently has powers to review or cap airfares or ancillary fees, enabling airlines to impose hidden charges and unpredictable pricing. It further 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.”
Impact on Passengers
The plea argued that the absence of safeguards leads to arbitrary fare hikes during festivals, emergencies, or weather disruptions, hurting poorer and last-minute travellers the most. It also noted that there is no rule preventing airlines from sharply increasing fares based purely on demand, and such freedom in an essential service is unjustifiable. “Arbitrary fare hikes during emergencies deny vulnerable citizens this right, especially when they are compelled to choose air travel out of necessity rather than luxury,” the petition said.
