SC flags ‘exploitation’ over sharp surge in airfares during festivals

The Supreme Court of India on Monday flagged concern over what it described as “exploitation” of passengers through exorbitant and unpredictable airfare hikes during festivals, and said it would intervene to address the issue.

A Bench of Justices Vikram Nath and Sandeep Mehta asked the Centre and DGCA (Directorate General of Civil Aviation) to file replies to a PIL (Public Interest Litigation) seeking binding regulatory guidelines to control airfare volatility and ancillary charges imposed by private airlines.

“We will definitely interfere. Just see the exploitation of passengers done during the ‘Kumbh’ and other festivals. Just look at the fares to Prayagraj and Jodhpur from Delhi,” the Bench told Additional Solicitor General Anil Kaushik, who appeared for the Centre.

Justice Mehta, in a lighter vein, remarked in court that airfares to Ahmedabad may not have risen, but prices for destinations such as Jodhpur had “shot up”.

The court listed the matter for further hearing on 23 February after Kaushik sought time to file a response on behalf of the Centre.

Earlier, on 17 November last year, the top court had sought responses from the Centre and other authorities on a plea filed by social activist S. Laxminarayanan, which calls for the creation of a robust and independent regulator to ensure transparency and passenger protection across the civil aviation sector. Notices were issued to the Centre, DGCA (Directorate General of Civil Aviation) and AERA (Airports Economic Regulatory Authority of India).

The plea alleges that private airlines have, without credible justification, reduced the free check-in baggage allowance for economy class passengers from 25 kg to 15 kg, “thereby converting what was earlier part of the ticketed service into a new revenue stream”.

It further challenges the policy of permitting only a single piece of check-in baggage, arguing that the absence of any rebate, compensation or benefit for passengers who do not avail themselves of check-in baggage demonstrates the “arbitrary and discriminatory nature” of the measure.

According to the petitioner, no authority currently has the power to review or cap airfares or ancillary fees, allowing airlines to exploit consumers through hidden charges and unpredictable pricing.

The plea claims that such unregulated and opaque practices — ranging from arbitrary fare hikes and unilateral reduction of services to the absence of on-ground grievance redressal — violate citizens’ fundamental rights to equality, freedom of movement and life with dignity.

It argues that the lack of regulatory safeguards results in steep fare increases, particularly during festivals or weather-related disruptions, which disproportionately affect poor and last-minute travellers. While wealthier passengers are able to plan and book in advance, the plea says economically weaker citizens are often forced to buy tickets at peak surge prices.

The petition also contends that inaction by the State in regulating fare algorithms, cancellation policies, service continuity and grievance mechanisms amounts to a dereliction of constitutional duty and warrants urgent judicial intervention. It adds that allowing airlines unfettered freedom to raise prices based solely on demand in an essential service sector is unjustifiable.

“The right to dignity includes access to essential services such as emergency transport on fair and non-exploitative terms,” the plea states, adding that arbitrary fare hikes during emergencies deny vulnerable citizens this right when air travel becomes a necessity rather than a luxury.