"Don't Travel By Air": SC Dismisses Urgent Diwali Airfare Hike Plea Ahead of New Jan 1 Rules

New Delhi: The Supreme Court of India on Monday declined to grant an urgent listing to an interlocutory application highlighting a staggering 700 per cent spike in domestic airfares during the peak Diwali festive season.

The mention before a three-judge bench comprising Justices Vikram Nath, Sandeep Mehta, and Aparesh Kumar Singh drew a sharp, candid response from the bench. When the petitioner's counsel argued that ticket prices on major domestic sectors had expanded up to seven times their normal rates, Justice Vikram Nath cut the submission short, remarking, “Don't travel by air. Next case,” before immediately moving to the next matter on the board.

The advocate heavily contested the bench's reluctance, arguing that civil aviation has evolved into an essential service for millions. The counsel stated that allowing airlines to enforce unchecked algorithm-based dynamic pricing during festivals constitutes a direct violation of Article 14 of the Constitution, which guarantees equality before the law. The application highlighted extreme fare disparities on the same day for identical routes, noting that a Delhi–Kolkata ticket had skyrocketed to ₹78,694.

Despite dismissing the plea for an emergency seasonal cap, the apex court’s main proceedings remain very active. The larger issue is tied to a primary Public Interest Litigation (PIL) filed by social activist S. Laxminarayanan, which seeks a robust, independent aviation regulator to shield passengers from arbitrary price fluctuations and ancillary baggage fees.

The intense judicial pressure has already accelerated policy shifts. The Central Government officially notified the Bharatiya Vayuyan Niyam, 2026, formulated under the primary legislation enacted to modernize the sector.

While the statutory framework preserves market-driven pricing, Rule 192 mandates transparent tariff filings with the DGCA and equips the Centre with a "strong lever" to intervene and cap predatory fares during extraordinary circumstances in the public interest.

Solicitor General Tushar Mehta is scheduled to place the newly published framework before the Supreme Court during the next regular hearing on November 16, 2026, ahead of the rules officially rolling out on January 1, 2027.

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