Supreme Court calls airfare spike during ‘festive seasons’ serious concern, seeks government’s response

THe sublime margaret court on mon termed the supply of unpredictable fluctuations in beam fares and ancillary charges levied by private airlines as “serious,” asking the Union government to consider the issue and provide a formal response.A bench of justices Vikram Nath and Sandeep Mehta said that fluctuating airfares and add-on charges during festive seasons were a matter of “very serious concern” warranting consideration under Article 32 of the Constitution.The bench made the observation while hearing a writ petition filed by social activist S Laxminarayan, who sought regulatory guidelines to curb unpredictable and steep variations in airfare.“This is a very serious concern. Otherwise, we don’t entertain Article 32 petition [for enforcement of fundamental rights],” remarked the bench, underscoring that the matter merited the court’s attention.Appearing for the Union government, additional solicitor general (ASG) Anil Kaushik informed the court that the issue was being examined “at the highest level” and that an affidavit would be filed within four weeks.“The solicitor general 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 given. We will come up with a counter,” Kaushik said.Taking note of the statement, the bench adjourned the matter for further consideration to March 23. “ASG Anil Kaushik, appearing for the Union, states that four weeks’ time be granted to the ministry of civil aviation to file an affidavit following the deliberation. List this matter on March 23,” the order stated.When the Federation of Indian Airlines sought to be impleaded in the proceedings, the bench declined to allow it at this stage. Indicating that the executive would first take a call, the bench observed: “The Union will deal with you. They will call you before taking a decision. They will constitute a committee and take a decision. It is for the ministry to decide. If they don’t, we will consider that later on.”Senior advocate Ravindra Srivastava appeared for the petitioner, assisted by advocates Charu Mathur, Jay Cheema, and Abhinav Verma.The petition contends that air travel is no longer a luxury but an essential service for millions, particularly during emergencies, festivals, and situations where rail and road transport may not be viable. It argues that airlines deploy opaque, algorithm-driven dynamic pricing systems that allow fares to change multiple times a day.Such systems, the petitioner claims, disproportionately affect the poor and middle class, who often book tickets at the last minute due to exigencies such as medical emergencies, bereavement, examinations, or sudden work travel.The plea points out that air transport is recognised as an essential service under the Essential Services Maintenance Act, 1981, placing it on par with railways and postal services. Yet, unlike sectors such as railways, electricity, or healthcare, airline pricing remains largely outside meaningful regulatory control, it is argued.According to the petitioner, airlines have progressively reduced free baggage allowances, from 25 kg to 15 kg in many cases, while imposing high excess baggage charges, effectively monetising what were once standard inclusions. The absence of a regulator empowered to cap fares or regulate ancillary charges has enabled what the plea describes as unchecked profiteering.The petition seeks directions to the Union government and the Directorate General of Civil Aviation to frame binding norms on airfare pricing, cap surge pricing during peak periods, regulate baggage and other add-on charges, standardise cancellation and refund policies, and establish an independent aviation regulator with statutory powers to protect consumer interests.During a hearing on January 21, the bench voiced concern over what it described as exploitative pricing, particularly during major events such as the Kumbh Mela. “Look at the exploitation you did during Kumbh,” Justice Mehta had remarked. “Not only Kumbh, but every festival,” Justice Nath added.Justice Mehta had observed: “Take the statistics for these two towns, Prayagraj and Jodhpur -- the flight fares are three times the flight fares before the festivals.”