The Supreme Court on Thursday pulled up the Centre for failing to file its affidavit on a petition seeking regulation of “unpredictable fluctuations” in airfares and ancillary charges by private airlines, directing it to submit its response within a week and explain the delay.
A Bench of Justices Vikram Nath and Sandeep Mehta expressed dissatisfaction over repeated adjournments and asked the Union government to place its stand on record without further delay.
As the matter was taken up, counsel for the petitioner, social activist S. Laxminarayanan, pointed out that the Centre had not filed its reply despite earlier directions. The government’s counsel cited the evolving situation in the Middle East as a reason for the delay.
The Bench, however, questioned the justification. “What is this? What prevents you from filing an affidavit,” it asked.
When the Centre’s counsel said rules were under consideration, the court insisted on immediate compliance. “You file an affidavit and place everything on record. Why can't you file an affidavit? What is this stand of the Union? Three times we have granted you time,” the Bench observed.
Seeking three weeks’ time, the Centre was refused an extended deadline. The court directed that the affidavit be filed by next Friday (May 8). “You file your affidavit and say whatever you want to say. Your affidavit must come by next Friday (May 8),” the Bench said.
In its order, the court noted that notice had been issued on November 17 last year and time had been granted on multiple occasions, yet “till date no affidavit has been filed”. It directed the Centre to file an application explaining why the affidavit had not been submitted and why further time was sought. The matter has been listed for May 11.
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The petition seeks the creation of a robust and independent regulatory mechanism to ensure transparency, fairness and passenger protection in the civil aviation sector.
Earlier hearings saw the court flagging steep and sudden airfare increases, particularly during festivals. It had described such hikes as “exploitation” and sought responses from the Centre, the Directorate General of Civil Aviation (DGCA) and the Airports Economic Regulatory Authority of India.
The plea alleges that private airlines have reduced free check-in baggage allowance for economy passengers from 25 kg to 15 kg, converting an included service into an additional revenue stream. It also challenges policies limiting check-in to a single piece without offering rebates or compensation to passengers.
Further, the petition claims there is no effective regulatory oversight to cap fares or ancillary charges, enabling airlines to impose hidden fees and dynamic pricing without accountability.
It argues that such practices are “unregulated, opaque and exploitative” and infringe upon citizens’ fundamental rights, particularly during emergencies or peak travel periods when passengers are compelled to pay sharply increased fares.
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