Supreme Court refuses urgent hearing on rising airfares during festivals

The Supreme Court on Monday refused to grant an urgent hearing on an application expressing concern over the extremely high fares charged by airlines during festivals. The matter was presented before a bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice Apellate Singh during the hearing, where the Court briefly told the petitioner, 'Do not travel by air'.

The petitioner's counsel argued in court that aviation fares have increased by 700 per cent. The application stated that the hearing for this case is scheduled for 16 November, but by then, major festivals such as Diwali and Chhath Puja will have concluded. Therefore, the petitioner requested an urgent hearing on the matter.

This matter is linked to an application filed in the Supreme Court last year by social activist S. Lakshminarayanan. He had argued that airlines charge very high fares during the festival season. During the hearing on this matter in January this year, the Supreme Court had termed the high fares charged by airlines as 'exploitation'. The Court had noted then, 'We will certainly intervene. Look at the exploitation happening during Kumbh Mela and other festivals. See that fares from Delhi to Prayagraj and Jodhpur are three times the normal rate.'

Earlier, in a hearing held on 15 May, a bench of Justice Vikram Nath and Justice Sandeep Mehta had told the government that there is a need to bring rationalisation to airline ticket prices. Solicitor General Tushar Mehta, appearing on behalf of the Central Government and the Directorate General of Civil Aviation (DGCA), informed the court that the government is working on framing rules under the new Indian Aeronautical Act, 2024. However, the bench emphasised the need to provide immediate relief to passengers. The Court observed, 'Try to give people some relief... on a single day, for a single route... one airline charges ₹ 8,000 for economy class, while another airline charges ₹ 18,000.'

S. Lakshminarayanan's recent application also cites media reports showing that airfares on several major domestic routes in the country have increased two to seven times the normal rates. Airlines have been held responsible for these rising fares due to the increasing prices of Aviation Turbine Fuel (ATF), which affects their operating costs. However, the application argued that while a slight increase in ticket prices due to such factors might be justified, increasing fares seven times the normal rate on that basis is not appropriate.

The petitioner's counsel argued that air transport is an essential service and such a price hike is a violation of Article 14 of the Constitution. Article 14 of the Constitution deals with equality before the law. The counsel further added, 'No other essential service determines prices in this manner. Railway flexi-fares are limited to one and a half times the base fare, prices of essential medicines are limited under the Drugs (Price Control) Order, 2013, and electricity tariffs are determined by Regulatory Commissions. Air travel cannot be the sole exception.'

The petitioner also pointed out that 'air transport is an essential service under the Essential Services Maintenance Act, 1981'. He argued, 'Services which the State deems essential to maintain continuity cannot be left completely unregulated regarding their pricing, as it causes harm to the public receiving that service.'

Thus, the Supreme Court has currently refused to conduct an urgent hearing on this matter, due to which the possibility of passengers receiving immediate legal relief against expensive airfares during festivals currently appears low.