Yesterday, the Supreme Court refuses to entertain plea challenging high airfares for travel to and from the Gulf region. The court suggested that the matter be directed to the High Court rather than being adjudicated by the Supreme Court.

Case Brief -

The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing the PIL filed by the Kerala Pravasi Association challenging Rule-135 of the Indian Aviation Act, which authorises airlines to fix ticket prices.

While hearing the matter, the bench noted - 

Having regard to the nature of the cause of action in the present case, we are of the considered view that it would be appropriate for the petitioners to take recourse to the remedy under Article 226 of the Constitution of India."

The petitione, in its PIL primarily addressed the issue of excessive high price increases by airlines for flights to and from the Gulf region. As per the plea submitted, airfares for routes such as Dubai to Kochi and Thiruvananthapuram had reached extremely high levels, severely limiting options for passengers.

Airlines were charging as much as Rs 1,04,738 for flights to Kochi and up to Rs 2,45,829 for flights to Thiruvananthapuram. These elevated fares were expected to persist until the end of September.

The Petitioner, in its PIL requested for a reduction in airfares and the implementation of a cap on ticket prices.

During the Court hearing, it was argued that the current Rule-135 of the Indian Aviation Act grants airlines unchecked authority to set ticket prices, leading to what the Kerala Pravasi Association (KPA) sees as unfair exploitation of Indian travelers and a violation of their right to travel.

Additionally, the petition refered to the government's past intervention in establishing fare limits for domestic flights, which were determined according to the duration of the flight. At present, the rule specifies that flights with a duration of less than 40 minutes cannot be priced above Rs 2,900 (excluding GST) per passenger, while flights exceeding 40 minutes are capped at Rs 8,800 (excluding GST) per passenger.

Case Title: Kerala Pravasi Association And Anr. v. Union Of India And Ors 

Click here to Read/Download the Orders.