Plea In Supreme Court Against Algorithm-Based Dynamic Pricing Of Airfares, Seeks Free Baggage Allowance Upto 25 Kg

The Supreme Court today issued notice in a plea seeking regulatory control over airfare practices and ancillary charges in India's civil aviation sector. The petition challenges algorithm-driven dynamic pricing, day-of-travel surcharges, and the reduction of complimentary check-in baggage allowance from 25 kg to 15 kg.A bench of Justice Vikram Nath and Justice Sandeep Mehta made the notice returnable in four weeks. The plea asserts that ticket prices can double or triple within hours due to algorithm-driven dynamic pricing, citing fare spikes during the Maha Kumbh pilgrimage and after the Pahalgam terror incident. It states that such volatility affects passengers who lack the ability to plan in advance. It says that in circumstances like medical emergencies, natural calamities or urgent family crises, citizens are left with no choice but to fly. “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 plea states.It submits that dynamic pricing in essential services must be subject to fair, transparent and enforceable limits.“The Petitioners respectfully submit that the unregulated, opaque, and exploitative conduct of airlines manifesting in arbitrary fare hikes, unilateral reduction of services, absence of on-ground grievance redressal, and unjustified dynamic pricing algorithms directly infringes upon citizens' fundamental rights to equality, freedom of movement, and life with dignity”, the plea states.The petition also states that the reduction in the free baggage allowance allows airlines to charge ₹600 per kilogram for excess baggage, which results in a financial burden of up to ₹6,000 for a 10-kg difference. It states that even Air India has reduced the allowance post-privatisation, aligning with private carriers. According to the petition, this shift amounts to unregulated profiteering and affects ordinary travellers and small businesses.The petition highlights that air travel has become an essential mode of transport due to the country's geography and the unavailability or impracticality of rail and road travel in emergencies and in regions such as the Northeast, the Andaman and Nicobar Islands and high-altitude areas. It states that air transport is classified as an essential service under the Essential Services Maintenance Act, 1981 and submits that the State has a positive obligation to ensure that essential services remain affordable and non-exploitative.The petition points out that, unlike fare-regulated sectors such as railways, electricity and postal services, airlines can revise fares multiple times in a single day without approval or transparency.The plea relies on media reports to show sudden fare increases during events such as the Maha Kumbh 2025 and after the Pahalgam terror incident, where prices reportedly rose several times within hours. It also refers to incidents of alleged overcharging for excess baggage and states that there is inadequate accountability for baggage disputes and ancillary fees.The petition asserts that while aviation and airport operations have been privatised, the Government has retained full control over security functions due to public-interest concerns, but has left fare pricing, cancellation penalties and ancillary charges unregulated. It states that private operators have been given unchecked freedom over commercial aspects that directly affect passengers.The petition seeks directions to the Union of India, the Directorate General of Civil Aviation and the Airports Economic Regulatory Authority to enforce the Bharatiya Vayuyan Adhiniyam, 2024, the Aircraft Rules, 1937 and the Civil Aviation Requirements so as to ensure fair, transparent and non-exploitative air passenger services. It seeks a direction to treat domestic commercial air services as an essential service for purposes of public order and safety and to take administrative, security and enforcement measures to prevent extortion, profiteering and discriminatory practices. The petition also seeks immediate implementation of tariff-monitoring measures and enforcement against manifestly excessive dynamic pricing and unreasonable day-of-travel fare surges.The plea seeks restoration of a minimum free checked-in baggage allowance of twenty-five kilograms for economy class on scheduled domestic services, or equivalent compensatory protection.It seeks a direction to prescribe a uniform ancillary-fee schedule for seat selection, check-in baggage, excess baggage, priority services and allied charges with mandatory disclosure obligations, a transparent revision procedure and enforceable penalties. The petition further seeks constitution, notification or empowerment of an independent Aviation Tariff and Consumer...

Plea In Supreme Court Against Algorithm-Based Dynamic Pricing Of Airfares, Seeks Free Baggage Allowance Upto 25 Kg

Amisha Shrivastava

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