‘Don’t travel by air’: SC declines urgent listing of plea over airfare surge during Diwali

New Delhi: The Supreme Court has refused to urgently list a plea highlighting steep increases in domestic airfares during the 2026 Diwali festive season, with Justice Vikram Nath remarking that passengers could choose not to travel by air if ticket prices were excessively high. The application was mentioned before a Bench of Justices Vikram Nath, Sandeep Mehta and Aparesh Kumar Singh, where counsel appearing for an applicant submitted that airfares had surged by as much as 700 per cent during the festive period.

Arguing that air travel had become an essential service and that such exorbitant increases violated Article 14 of the Constitution, the counsel sought urgent intervention by the apex court. However, Justice Nath-led Bench declined the request for urgent listing, remarking: “Don’t travel by air. Next case.”

The interlocutory application has been filed in a pending public interest litigation (PIL) challenging alleged opaque, exploitative and algorithm-driven pricing practices in the civil aviation sector, including unpredictable fare fluctuations, steep last-minute increases and additional charges imposed by airlines.

The latest development comes against the backdrop of the Supreme Court’s continued scrutiny of airfare volatility and the regulatory framework governing airline pricing. In an earlier hearing, the apex court had observed that there was a need for “rationalisation” of airfares charged by private airlines, highlighting substantial differences in ticket prices charged by different carriers for the same destination on the same day.

“Try to give some relief to people. On the same day, flights to the same destination — one airline charges Rs 8,000 while another charges Rs 18,000 in economy class. There has to be some rationalisation,” the Justice Nath-led Bench had observed.

The proceedings had prompted the Centre to inform the Supreme Court that rules under the Bharatiya Vayuyan Adhiniyam, 2024, were being framed to address concerns relating to airfare structures and additional charges. On October 16, the Centre informed the apex court that the rules to regulate airfares and additional charges imposed by airlines had been finalised and granted administrative approval.

Solicitor General Tushar Mehta had assured the Justice Nath-led Bench that the rules would be published within two weeks.

Taking note of the submission, the apex court directed the Centre to place the published rules before it on the next date of hearing and listed the matter for November 16. Following the Supreme Court’s intervention, the Centre has notified the Bharatiya Vayuyan Niyam, 2026, replacing the Aircraft Rules, 1937, which had governed the civil aviation sector for nearly nine decades.

The new regulatory framework will come into force from January 1, 2027. Among other provisions, the rules introduce fare transparency requirements, mandating airlines to disclose the total ticket price payable by passengers along with a breakup of base fares, taxes, fees, cancellation charges and refund policies. Airline tariffs will remain subject to oversight by the Directorate General of Civil Aviation (DGCA).