The Supreme Court has raised concern over sharp increases in airfares during festivals and emergency, high-demand periods. The issue came up while the court was hearing a public interest litigation (PIL) seeking regulation of airfare pricing and additional charges. A Division bench of Justice Vikram Nath and Sandeep Mehta examined claims that airlines are using exploitative pricing practices in the civil aviation sector.

Facts:

The PIL, filed by social activist S. Laxminarayan, questions various practices in India’s civil aviation sector such as algorithmic dynamic pricing in air tickets, day-of-travel surcharges, and a 10 kg reduction in the weight limit for complimentary check-in baggage allowance.

The plea argues that airfares can double or even triple within a few hours due to algorithm-based dynamic pricing. It adds that these sharp increases often go unchecked because airlines are not required to seek external approval or maintain transparency. Such sudden and fluctuating pricing often harms passengers who cannot plan their travel in advance and are left with no option but to fly, especially in emergency situations.

The petition says that air travel has now become an essential means of transport and is recognised as an essential service under the Essential Services Maintenance Act, 1981. It argues that the State has a positive duty to ensure that such essential services remain affordable. Referring to media reports, the plea points to sudden spikes in airfares during major events such as the Maha Kumbh Mela and the Pahalgam attack in 2025. It also draws attention to cases of overcharging for excess baggage and the lack of proper accountability in resolving baggage-related disputes.

The central contention of the plea is that these practices deny people from weaker economic and social backgrounds access to safe and timely transport. It further states that unchecked, arbitrary, and non-transparent pricing violates the fundamental right to life and dignity guaranteed under Article 21 of the Indian Constitution.

Agreeing with the plea, the Court hinted that it would intervene and pass necessary orders in order to reduce exploitation in such matters. "We will interfere. Look at the exploitation you did in Kumbh... you take out statistics of these 2 towns - Prayagraj and Jodhpur...the flight fares are 3 times the flight fare for [...]", observed Justice Mehta.

Case Details: S. Laxminarayan v. Union of India & Ors., W.P.(C) No. 1124/2025