Supreme Court Refuses Urgent Hearing on 700% Airfare Hike, Tells Petitioner Don't Travel by Air

The Supreme Court on Monday dismissed an urgent hearing request for a petition challenging a steep 700 percent increase in domestic airfares during the Diwali festive season, with Justice Vikram Nath telling the counsel simply, “Don’t travel by air.”

Supreme Court Exchange Over Festival Airfare Surges

The sharp exchange occurred when an advocate mentioned the plea before a bench comprising Justices Vikram Nath, Sandeep Mehta, and Aparesh Kumar Singh. The Times of India reported that the court did not take up the petition at that stage and moved immediately to the next matter, passing no formal order on the submission.

Representing the petitioner, the counsel argued that air travel constitutes an essential service and that the nearly sevenfold spike in ticket prices violated Article 14 of the Constitution, which guarantees equality before the law. According to details from Live Law, the petition highlights extreme price variations on identical routes. For instance, a Delhi to Kolkata ticket that ordinarily costs between ₹10,000 and ₹11,000 reached ₹78,694 for travel on November 6. Another comparison showed a Bengaluru to Delhi flight departing at 5:00 AM on November 6 priced at approximately ₹15,901, while a 3:45 PM flight on the same day cost ₹40,506.

Moneycontrol noted that the apex court is already evaluating a separate public interest litigation filed by social activist S. Laxminarayanan, which targets algorithm-based dynamic pricing, short-notice fare hikes, and ancillary charges. That broader PIL is scheduled to be heard next on November 16, 2026.

New Aviation Rules and Free Market Policy

The legal friction coincides with regulatory shifts in India’s civil aviation sector. On November 1, the Centre notified the Bharatiya Vayuyan Niyam, 2026, following earlier judicial prodding in the same PIL. These new rules are set to take effect on January 1, 2027.

Supreme court pti — Photo: Telegraph India

Under the updated framework, the government maintains its policy of allowing market forces to determine airfares without direct intervention. However, the rules contain a provision allowing the Centre to issue directives on pricing if it considers intervention necessary in the public interest during extraordinary situations. During a previous hearing on October 16, the Centre informed the court that administrative approval had been granted to rules under the Bharatiya Vayuyan Adhiniyam, 2024, aimed at modernising the sector.

Telegraph India reported that earlier this year, the Supreme Court had characterized exorbitant festival fare hikes as exploitation, prompting authorities to outline their regulatory timelines.

Passenger Impact and Unresolved Arguments

The petitioner’s interlocutory application, filed on October 30, also seeks interim directions to restore the free checked baggage allowance in economy class from the current 15 kg back to the previous 25 kg. OpIndia noted that because confirmed train tickets for major festival dates sell out weeks in advance, air travel remains the primary option for individuals traveling for festive gatherings or medical and employment emergencies.

With the Supreme Court declining to intervene on an urgent basis during Monday’s mention, the immediate debate over algorithmic pricing and festival caps remains deferred ahead of the scheduled November 16 hearing.