The Supreme Court on Wednesday expressed strong displeasure with the central government for its failure to submit an affidavit in response to a public interest litigation seeking measures to regulate "unpredictable" airfares in the country. The bench, comprising Justices K.M. Joseph and B.V. Nagarathna, observed that the government's inaction was unacceptable and directed it to file the response within two weeks.
Background of the Plea
The petition, originally filed in November 2025, highlights the volatile nature of airfare pricing in India, which often leaves passengers vulnerable to sudden and exorbitant price hikes. The plea calls for the establishment of a robust and independent regulatory body to oversee the civil aviation sector, ensuring transparency, accountability, and passenger protection. It argues that the current system lacks adequate checks and balances, leading to unfair practices by airlines.
Court's Observations
During the hearing, the Supreme Court noted that the government's delay in filing the affidavit was a serious matter, as it directly impacts the rights of millions of air travelers. The bench remarked that the issue of airfare regulation is of public importance and requires urgent attention. The court also questioned the absence of a clear policy framework to address fare fluctuations, especially during peak travel seasons or emergencies.
The bench further emphasized that passengers should not be subjected to arbitrary pricing and that the government must take proactive steps to protect consumer interests. The court warned that if the affidavit is not filed within the stipulated time, it may consider passing interim orders.
Government's Response
The central government, represented by the Ministry of Civil Aviation, sought additional time to file its response, citing the need for inter-departmental consultations. However, the court rejected this request, stating that the matter had been pending for several months and that the government had had sufficient time to prepare its stand.
The ministry is expected to outline its views on the feasibility of establishing an independent regulator and the measures already in place to monitor airfares. The government may also present data on fare trends and existing consumer grievance mechanisms.
Implications for the Aviation Sector
If the court eventually mandates the creation of a regulator, it could transform the Indian aviation industry. A dedicated watchdog would have the authority to set fare caps, investigate complaints, and penalize airlines for unfair pricing. This move could bring India in line with global best practices, where many countries have independent aviation regulators to ensure fair competition and consumer protection.
However, airlines have expressed concerns that excessive regulation could stifle competition and lead to higher operational costs. They argue that market forces should determine fares and that government intervention should be minimal.
The next hearing is scheduled for May 15, 2026, by which time the government must file its affidavit. The case is being closely watched by industry stakeholders and consumer rights groups alike.
