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Supreme Court asks Centre to finalise airfare rules within three weeks

#Law & Policy#Commercial#India
Synopsis

The Centre has told the Supreme Court that it has accelerated the drafting of rules under the Bharatiya Vayuyan Adhiniyam, 2024, with the final framework expected within three weeks. The development came during a hearing on a petition seeking stronger regulation of airfares, ancillary charges and passenger protection in India. The government placed the draft rules before a bench of Justices Vikram Nath and Sandeep Mehta in a sealed cover, saying final discussions were underway. The court asked the Centre to publish the draft within seven days and warned that airlines failing to comply with applicable airfare directions should face strict action. The petition, filed by social activist S Laxminarayanan, seeks an independent and robust aviation regulator and measures to address unpredictable fluctuations in ticket prices and additional charges levied by private airlines.

The Centre told the Supreme Court on Monday that it had fast-tracked the framing of aviation rules under the Bharatiya Vayuyan Adhiniyam, 2024, and would finalise them within three weeks, as the court examined a petition seeking greater oversight of airfares and passenger charges. The government placed the draft rules before a bench of Justices Vikram Nath and Sandeep Mehta in a sealed cover, while indicating that some final discussions remained pending. 
The court asked the Centre to publish the draft rules within seven days and directed that airlines failing to comply with applicable airfare directions should face strict action, including grounding where necessary. The observations came amid concerns over compliance with pricing directions issued by the Ministry of Civil Aviation while the new regulatory framework is being finalised. 
Additional Solicitor General Anil Kaushik, appearing for the Centre, told the bench that the government had accelerated the rule-making process and sought three weeks to bring out the finalised regulations. The proposed framework is being prepared under the Bharatiya Vayuyan Adhiniyam, 2024, which replaced the Aircraft Act, 1934 and provides the legislative framework for regulating civil aviation in India. 
The hearing followed a petition filed by social activist S Laxminarayanan, who has sought a stronger and independent regulatory mechanism to ensure transparency and passenger protection across the civil aviation sector. The petition also seeks regulatory guidelines to address unpredictable fluctuations in airfares and ancillary charges imposed by private airlines. 
Senior advocate Ravindra Srivastava, representing the petitioner, told the court that existing rules would continue to operate until the new framework came into force. He questioned the effectiveness of the current regulatory mechanism and raised concerns about airlines charging what he described as excessive fares. He also referred to a statement made by the civil aviation minister in Parliament that the government could not cap airfares. 
The Centre informed the court that, pending completion of the new rules, the Ministry of Civil Aviation had been issuing office memoranda to airlines on pricing. However, the ministry indicated that airlines had not been complying with the directions issued through these communications. The court’s direction for stronger enforcement therefore comes while the government works towards completing the statutory framework. 
The case has been listed for further hearing on September 7. The proceedings are part of a wider examination by the Supreme Court of concerns surrounding airline pricing, including fare fluctuations and passenger-related charges, as the Centre moves towards implementing the new rules under the Bharatiya Vayuyan Adhiniyam, 2024. 
Source - PTI

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