Petition in Supreme Court Challenges Algorithmic Surge Pricing, Seeks 25-Kg Free Baggage on Flights

The Supreme Court in S. Laxminarayanan v. Union of India has issued notice on a petition seeking stronger regulation of airfare pricing and additional charges imposed by airlines in India. The plea challenges the widespread use of algorithm-based dynamic pricing, steep last-minute fare increases, and the reduction of free check-in baggage from 25 kg to 15 kg.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta has asked the Union to respond within four weeks.

The petition states that airfares can rise two or three times within a few hours because of dynamic pricing, especially during major events like the Maha Kumbh or after incidents such as the Pahalgam terror attack. It argues that passengers, especially those who cannot plan travel in advance, are forced to pay extremely high fares during emergencies such as medical needs, natural disasters or urgent family situations.

According to the plea, sudden and massive price hikes deny economically weaker passengers the ability to travel safely and on time. It claims that these arbitrary and non-transparent pricing systems violate the fundamental right to life and dignity under Article 21 of the Constitution. The petition argues that when air travel functions as an essential service, pricing must be fair, predictable and subject to clear limits.

The plea also challenges the reduction of free baggage allowance. It says that airlines now charge about ₹600 per kg for excess baggage, which can cost passengers nearly ₹6,000 for a 10-kg difference. The petition points out that even Air India reduced the free allowance after privatisation, bringing it in line with private airlines. This, it argues, has led to unregulated profiteering and has affected ordinary travellers and small businesses.

The plea emphasizes that in many parts of India—such as the Northeast, the Andaman and Nicobar Islands, and high-altitude regions—air travel is the only practical mode of transport in emergencies. It notes that air transport is recognised as an essential service under the Essential Services Maintenance Act, 1981, and therefore the State has a duty to keep it affordable and non-exploitative.

The petition further notes that unlike railways, electricity and postal services, airline fares can change multiple times a day without any public oversight. It relies on media reports to highlight steep fare surges during the Maha Kumbh 2025 and after the Pahalgam incident. It also refers to complaints of excess baggage overcharging and poor grievance redressal.

According to the plea, while the government maintains strict control over aviation security functions, it has left fare pricing, cancellation charges and other ancillary fees almost entirely to private operators. This, it claims, has allowed commercial practices that directly affect passengers to go unchecked.

The petition requests the Supreme Court to direct the Union of India, the Directorate General of Civil Aviation (DGCA) and the Airports Economic Regulatory Authority (AERA) to strictly enforce the Bharatiya Vayuyan Adhiniyam, 2024, the Aircraft Rules, 1937 and the Civil Aviation Requirements. It seeks measures to ensure fair pricing, transparency and accountability in airfare and related services.

The plea asks the Court to recognise domestic commercial air travel as an essential service and to take steps to prevent unfair charges, profiteering and discriminatory practices. It also calls for immediate tariff monitoring to curb excessive dynamic pricing and unreasonable day-of-travel surcharges.

Additionally, the petition seeks restoration of a 25-kg free baggage allowance for economy-class passengers on domestic flights, or equivalent compensatory safeguards.

It further seeks directions to introduce a standardised model for ancillary fees—such as seat selection, baggage, priority boarding and related charges—with mandatory disclosure norms and penalties for violations.

The petition also asks for the creation of an independent Aviation Tariff and Consumer Protection Commission with quasi-judicial powers to regulate airfares and safeguard passenger rights.

Senior Advocate Ravindra Srivastava, assisted by Advocate-on-Record Charu Mathur and Advocate Abhinav Verma, appeared for the petitioner.

Case No.: Diary No. 44885/2025
Case Title: S. Laxminarayanan v. Union of India