The Madras High Court has issued a significant directive to the Directorate General of Civil Aviation (DGCA), demanding a clear explanation on whether it plans to continue exempting InterGlobe Aviation Limited, which operates IndiGo, from mandatory pilot fatigue management regulations.
Court's Directive and Key Deadline
Justice V Lakshminarayanan passed this order on Friday while hearing a petition filed by Y R Rajaveni. The petitioner has challenged the legality of the exemption granted to the airline, seeking to have it declared illegal and void. The court has instructed the DGCA to file a detailed counter-affidavit by January 5. This affidavit must explicitly state whether the aviation regulator intends to extend the exemption it granted on December 5, 2025.
Contrasting Arguments in Court
During the hearing, the arguments presented highlighted a sharp divide on the issue. Representing the central government, Additional Solicitor General A R L Sundaresan defended the DGCA's decision. He submitted that the exemption was necessary because the airline was not in a position to comply with the fatigue norms, and enforcing them would have led to large-scale cancellation of flights, severely disrupting air travel.
On the opposing side, Senior Advocate Sanjay Ghose, arguing for the petitioner, strongly contested this justification. He asserted that the exemption was granted primarily to facilitate the airline's expansion plans, without due regard for the mandatory Civil Aviation Requirements (CAR). Ghose raised a critical legal point, alleging that the DGCA's exemption order contravenes Rule 133A of the Aircraft Rules, 1937, as it is inconsistent with the parent Aircraft Act of 1934.
Implications for Aviation Safety and Regulation
This case puts a spotlight on the crucial balance between operational feasibility for airlines and the non-negotiable safety of pilots and passengers. Pilot fatigue is a globally recognized serious risk factor in aviation safety. The court's intervention underscores the necessity for regulatory actions to have a firm legal foundation and prioritize safety standards. The DGCA's response by the January 5 deadline will be closely watched, as it will set a precedent for how such exemptions are viewed and granted in the future, potentially impacting norms across the Indian aviation industry.
