Airfare volatility under SC’s radar as centre flags issue under highest-level review

In India air travel has evolved from a luxury to almost a necessity and under this scenario the sharp rise in ticket prices and mounting ancillary charges have increasingly come under public scrutiny. On Monday, the Union government informed the Supreme Court that concerns relating to volatile airfares and airline fee structures are currently under active consideration at the highest levels.

A Bench comprising Justices Vikram Nath and Sandeep Mehta was hearing a public interest litigation (PIL) challenging what the petitioner described as “opaque, exploitative and algorithm-driven” pricing practices adopted by airlines. The plea also questioned the reduction in complimentary check-in baggage allowances and the proliferation of add-on charges that significantly inflate final ticket costs.

Additional Solicitor General Anil Kaushik, appearing for the Centre, submitted that the matter had been escalated within the government. “The Solicitor General has also called a meeting. We have taken the matter to the highest level. We are in discussion with the highest authority. Four weeks’ time may be granted, and we will come up with a counter,” Kaushik told the court.

Taking note of the submission, the Bench granted four weeks for the Centre to file its response and listed the matter for further hearing on March 23.

During the proceedings, the Bench observed that steep fare fluctuations during festivals, peak seasons, and emergencies, along with layered add-on charges, raise serious issues affecting passengers.

“This is a very serious concern. Otherwise, we don’t entertain Article 32 petitions,” the court remarked, underlining the gravity of the matter.

The Bench also declined a request by the Federation of Indian Airlines (FIA) to be impleaded as a party in the case. The court observed that the government would consult stakeholders before arriving at any policy decision and indicated that the Ministry would be free to constitute a committee to engage with airlines and industry representatives.

The PIL was filed in November 2025 by social activist S. Laxminarayanan. The petition contends that air travel, recognised as an essential service under the Essential Services Maintenance Act, has become increasingly unaffordable due to what it terms “unregulated, unpredictable and exploitative” fare mechanisms.

The plea cites instances where ticket prices reportedly doubled or tripled within hours during festivals, medical emergencies, and peak travel periods. It further challenges the reduction of complimentary check-in baggage allowances by airlines from 25 kg to 15 kg in several cases arguing that services once included in the base fare are now being monetised through excess baggage fees.

According to the petitioner, such practices are arbitrary and violate the fundamental right to life under Article 21 of the Constitution, as affordable and predictable access to air transport is increasingly integral to modern mobility, employment, education, and healthcare access.

The petition seeks directions to the Union government to frame a regulatory framework governing airfare structure or establish an independent aviation tariff regulator to oversee pricing mechanisms, ensure transparency, and provide a structured grievance redressal system for passengers.

The case comes at a time when India’s civil aviation sector is witnessing rapid expansion in passenger numbers, fleet size, and regional connectivity. However, the absence of direct fare caps since deregulation has allowed dynamic pricing systems to dominate ticket sales, especially during high-demand periods.

With the Supreme Court now closely monitoring the issue, the Centre’s forthcoming response may determine whether India moves toward greater regulatory oversight of airfare pricing or continues to rely primarily on market-driven mechanisms with consultative safeguards.

The matter will next be heard on March 23.