Airfare surges during festivals ‘exploitative’, says Supreme Court

The Supreme Court on Monday (January 19, 2026) said that unpredictable fluctuations in airfares were “exploitative” and flagged the exorbitant surge in ticket prices during festivals and peak travel periods.

A Bench of Justices Vikram Nath and Sandeep Mehta was hearing a public interest litigation (PIL) petition seeking binding regulatory guidelines to curb erratic airfare pricing and ancillary charges levied by private airlines.

Indicating that the court would intervene, Justice Mehta pointed to sharp fare hikes during religious gatherings and festivals. “We will definitely interfere. Just see the exploitation of passengers during the Kumbh and other festivals. Look at the fares from Delhi to Prayagraj and Jodhpur — they are three times the normal fare,” he told Additional Solicitor General Anil Kaushik, who appeared for the Centre.

Earlier, on November 17 last year, the Bench had sought responses from the Union government, the Directorate General of Civil Aviation (DGCA), and the Airports Economic Regulatory Authority of India (AERA) on the plea filed by social activist S. Laxminarayanan. The petition seeks the creation of a robust and independent regulatory mechanism to ensure transparency in airfare pricing and strengthen passenger protection across the civil aviation sector.

On Monday (January 19, 2026), Additional Solicitor General Anil Kaushik sought additional time to file a response on behalf of the Centre. Acceding to the request, the Bench posted the matter for further hearing on February 23.

In a lighter vein, Justice Mehta also told Solicitor General Tushar Mehta, who was present in the courtroom, that while airfares to Ahmedabad appeared stable, fares to destinations such as Jodhpur had surged. “Mr. Mehta somehow ensures that flight fares are not so high for Ahmedabad,” he remarked.

The petition said that opaque airline practices, such as sudden fare escalations, reduced flight services, inadequate grievance redressal mechanisms, and algorithm-driven pricing, infringe upon citizens’ fundamental rights to equality, freedom of movement and a life with dignity.

“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”, the plea said.

The plea also pointed out that there is currently no regulatory authority vested with the power to review or cap airfares or ancillary charges, enabling airlines to exploit consumers through hidden fees and unpredictable pricing. It said such practices disproportionately affect economically weaker passengers, who are often compelled to purchase tickets during periods of peak surge pricing, while wealthier travellers can plan and book in advance.

The court was further apprised that such continued State inaction in regulating fare algorithms, cancellation policies, service continuity, and grievance redressal mechanisms amounts to a dereliction of constitutional duty and warrants urgent judicial intervention. The plea further said that the right to dignity encompasses access to essential services, including emergency transportation, on fair and non-exploitative terms.

“Arbitrary fare hikes during emergencies deny vulnerable citizens this right, especially when they are compelled to choose air travel out of necessity rather than luxury,” the plea added.