GUWAHATI: The Supreme Court on Monday, November 2, refused to urgently list an application seeking a cap on domestic airfares during the Diwali and year-end festive seasons, after the petitioner raised concerns over ticket prices reportedly increasing up to seven times their normal levels.
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The application was mentioned before a bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice Aparesh Singh. Advocate Abhinav, appearing for the petitioner, submitted that airfares had increased to as much as 700% of their normal levels, arguing that air travel was an essential service and that such increases violated Article 14 of the Constitution.
Responding to the submission, Justice Nath remarked, "Don't travel by air. Next case," before refusing to urgently list the matter.
The interlocutory application was filed on October 30 by S. Laxminarayanan in his pending Public Interest Litigation (PIL) challenging algorithm-based dynamic pricing, sharp increases in ticket prices at short notice and additional charges imposed by airlines. The main PIL is scheduled to be heard on November 16, 2026.
The application seeks interim directions to regulate domestic airfares during the current festive season and the year-end travel period. It also seeks the restoration of the free checked baggage allowance in economy class from 15 kg to 25 kg.
The petitioner stated that airfares on several major domestic routes had increased between two and seven times their usual levels ahead of Diwali. The application also highlighted substantial variations in ticket prices between flights operating on the same route on the same day.
The petitioner argued that airlines could not justify such increases solely on the basis of rising aviation turbine fuel costs, contending that flights operating on identical routes on the same day consume comparable quantities of fuel.
The application further contended that airlines were relying predominantly on demand-based pricing, allowing them to charge significantly higher fares during festivals and other periods of increased travel demand.
It also argued that confirmed train tickets during festive periods are often exhausted weeks in advance, leaving passengers with limited alternatives when they need to travel for festivals, medical emergencies, deaths or employment-related reasons.
The petitioner also sought the restoration of the earlier 25 kg free checked baggage allowance in domestic economy class, stating that the reduction to 15 kg had increased the financial burden on passengers, particularly during festive travel when people carry gifts and household goods.
The plea further alleged that the Centre and the Directorate General of Civil Aviation (DGCA) had failed to intervene despite having the authority to issue directions against excessive or predatory airfares.
Meanwhile, the Centre notified the Bharatiya Vayuyan Niyam, 2026, on November 1, following the Supreme Court's earlier intervention in the same PIL. The new rules will come into effect on January 1, 2027.
Under Rule 192, scheduled airlines are required to determine fares based on factors including operational costs and submit tariff details to the DGCA. The rules also empower the Centre to issue directions to airlines regarding fares when intervention is considered necessary in the public interest during extraordinary situations.
The petitioner has argued that recurring fare increases during festival periods warrant regulatory intervention and sought a mechanism to prevent excessive pricing on domestic routes.
