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‘Just see the exploitation’: Supreme Court to step in to curb dynamic air fares

A PIL has sought an independent and robust regulatory scheme to ensure transparency in airfare pricing and strengthen passenger protection in the civil aviation sector.

3 min readNew DelhiUpdated: Jan 21, 2026 06:02 AM IST

Dynamic air fares, exploitative, peak travel season, festivals, Supreme Court,

The plea referred to instances when air fares shot up exorbitantly around festivals, etc. and questioned the state’s inaction on such occasions. (File photo)

Echoing concerns over dynamic air fares turning “exploitative” during peak travel season and festivals, the Supreme Court said on Monday that it will intervene and pass necessary orders to check this.

“We will definitely interfere. Just see the exploitation during the Kumbh and other festivals. Just see the fares from Delhi to Prayagraj and Jodhpur—three times the normal,” Justice Vikram Nath, presiding over a two-judge bench, orally told Additional Solicitor General Anil Kaushik, who appeared for the Centre.

The bench, also comprising Justice Sandeep Mehta, was hearing a Public Interest Litigation (PIL) by social activist S Laxminarayanan, seeking an independent and robust regulatory scheme so as to ensure transparency in airfare pricing and strengthen passenger protection in the civil aviation sector.

Hearing it on November 17, 2025, the court had sought replies from the Centre, the Directorate General of Civil Aviation (DGCA), and the Airports Economic Regulatory Authority of India (AERA).

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On Monday, allowing the Centre’s request for more time to respond, Justice Nath said that such “exploitative” practices were not limited to Kumbh. “Not only Kumbh, but every festival,” he said.

Turning to Solicitor General Tushar Mehta, who was in court for another case, the judge said in a lighter vein that he ensures the flight fares to Ahmedabad—where Mehta hails from—are not high “but he doesn’t take care of us”.

The plea referred to instances when air fares shot up exorbitantly around festivals, etc. and questioned the state’s inaction on such occasions.

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“In a constitutional republic governed by the rule of law, the State cannot remain a mute spectator to this ongoing violation of rights. Inaction by the State in regulating fare algorithms, cancellation policies, service continuity, and grievance mechanisms constitutes a dereliction of its constitutional duty and calls for urgent judicial intervention,” it said.

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The petitioner pointed to growing volumes of air passengers in India and that air travel is categorised as an essential service. It said that failure to regulate the pricing violates the right to life under Article 21 of the Constitution.

The plea added that “when airlines are allowed to increase fares multiple-fold at short notice, it effectively denies economically weaker and vulnerable passengers their right to safe and timely mobility. Such arbitrary and opaque pricing mechanisms unchecked by any binding regulation violate the fundamental right to life and dignity under Article 21 of the Constitution”.

The court will hear the matter next on February 23.