'Don't travel by air. Next case': SC judge on plea alleging 700% airfare hike
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PRIYANKA JAISWAL
The Supreme Court of India refused an urgent hearing for a plea challenging a 700% surge in airfares. Justice Vikram Nath dismissed the request with a sharp remark, while the government noted ongoing regulatory efforts under the Bharatiya Vayuyan Adhiniyam.
Judicial Response to Soaring Airfares
In a recent development before the Supreme Court of India, a bench comprising Justices Vikram Nath, Sandeep Mehta, and Aparesh Kumar Singh declined an urgent listing for a petition alleging a staggering 700% increase in airfares. When the petitioner's counsel sought an immediate hearing, arguing that air travel constitutes an essential service and that the price surge violates Article 14 of the Constitution—which guarantees equality before the law—the bench responded with a curt observation: "Don’t travel by air."
The Constitutional Argument
The petitioner's reliance on Article 14 centers on the principle of non-discrimination and equality. By characterizing air travel as an essential service, the counsel attempted to frame the alleged price gouging as an arbitrary and unreasonable state failure to regulate a vital sector. The argument posits that such extreme volatility in pricing effectively excludes a significant portion of the population from accessing essential transportation, thereby infringing upon their fundamental rights.
Judicial Restraint and Prioritization
The Supreme Court’s refusal to grant an urgent listing reflects the judiciary's strict approach to its docket management and the threshold for "urgency" in public interest litigation. By moving immediately to the next matter, the court indicated that the plea did not meet the criteria for immediate intervention, despite the petitioner's claims regarding the severity of the fare hikes. This dismissive response highlights the tension between consumer grievances and the court’s limited bandwidth for addressing market-driven pricing models.
Regulatory Context and Legislative Action
While this specific plea faces procedural hurdles, the broader issue of aviation sector regulation remains active. The Centre has indicated that aviation rules under the Bharatiya Vayuyan Adhiniyam are being fast-tracked. These measures are intended to curb market volatility and enhance passenger protection, potentially addressing the underlying causes of the fare spikes that the petitioner sought to challenge.
Ongoing Legal Scrutiny
It is important to note that this is not an isolated legal challenge. The Supreme Court is already seized of a separate petition filed by social activist S. Laxminarayanan. That petition advocates for the establishment of a robust, independent regulator tasked with ensuring transparency and safeguarding passenger interests within the civil aviation sector. The existence of this parallel litigation suggests that the judiciary is cognizant of the systemic issues plaguing the industry.
Future Trends in Aviation Governance
Looking ahead, the resolution of these petitions will likely define the extent of state intervention in aviation pricing. As the government transitions toward the Bharatiya Vayuyan Adhiniyam framework, the focus will likely shift from emergency judicial intervention to institutional oversight. The outcome of the ongoing, separate petition will be a critical indicator of whether the Indian aviation sector will see a shift toward more stringent price caps or a continued reliance on market-based mechanisms.