SC seeks Centre’s response on PIL against rising airfares, reduced baggage limit

New Delhi, Nov 17 The Supreme Court on Monday issued notice on a public interest litigation (PIL) challenging “opaque, exploitative and algorithm-driven” pricing practices in India’s civil aviation sector, and questioning the reduction in complimentary check-in baggage limits for passengers.

A Bench of Justices Vikram Nath and Sandeep Mehta sought responses from the Centre, the Directorate General of Civil Aviation (DGCA), and the Airports Economic Regulatory Authority of India (AERAI) within four weeks, after hearing the plea filed by social activist S. Laxminarayanan.

Senior advocate Ravindra Srivastava, appearing for the petitioner along with AoR Charu Mathur and advocate Abhinav Verma, submitted that air travel, recognised as an essential service under the Essential Services Maintenance Act, has become increasingly unaffordable due to “unregulated, unpredictable and exploitative” fare mechanisms.

The PIL argued that sudden fare spikes driven by opaque algorithms, last-minute surcharges, and the unilateral reduction of free check-in baggage allowances from 25 kg to 15 kg disproportionately affect passengers with urgent medical, educational, or work-related travel needs.

It said that “airfare can double or even triple within hours due to opaque, algorithm-driven dynamic pricing mechanisms adopted by airlines,” disproportionately affecting those who cannot plan in advance, including patients, students, and migrant workers.

The plea highlighted instances where fares rose “four to six times within hours” during crises such as the Pahalgam terror incident and peak events like Maha Kumbh.

Terming such hikes “arbitrary, unconscionable and violative of Article 21”, it contended that leaving prices entirely to market forces is incompatible with the constitutional guarantee of life with dignity.

“When citizens are compelled to travel by air due to emergencies, allowing such exploitative pricing is a direct assault on the right to life,” the petition stated.

The PIL also challenged the steep cut in complimentary baggage allowance. It argued that airlines “have reduced the free check-in baggage from 25 kg to 15 kg without justification, a reduction of 10 kg or 40 per cent of the erstwhile entitlement, thereby converting what was earlier part of the ticketed service into a new revenue stream,” forcing passengers to pay up to Rs 6,000 extra for the lost 10 kg at current excess-baggage rates.

“No (DGCA or AERAI) authority has the power to review or cap airfares or ancillary fees,” the plea noted, adding that the non-binding DGCA Passenger Charter offers “no enforceable protection” to consumers.

Referring to the Rajya Sabha Standing Committee’s March 2025 report, the petitioner has urged the apex court to direct the Centre to create an independent aviation tariff regulator with quasi-judicial powers to oversee fare structures, monitor compliance, adjudicate grievances, and impose penalties.

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