Kerala HC to hear plea on ‘exploitative’ airfares soon — What does the petition seek? All you need to know

The Kerala High Court on November 3 is set to hear a plea that has challenged India's guidelines on airlines that permits them to set fares without regulatory oversight or transparency, resulting in “exploitative” airfares that affect Indians and migrant workers alike.

The petition, filed by Kerala Pravasi Association (KPA), a registered political party representing lakhs of expatriates and Indians, challenges the constitutional validity of Rule 135(1) of the Aircraft Rules, 1937, and addresses what the group terms as “exploitative pricing practices”.

The petition argues that the current system violates fundamental rights under Articles 14, 19, and 21.

The Kerala HC on November 3 will hear the closing arguments on the case, which was filed three years ago.

What does the plea say?

The petition contends that Rule 135(1) allows airlines to determine tariffs with no binding regulation, oversight, or clarity on what constitutes a “reasonable profit” or “generally prevailing tariff.” This lack of statutory guidance, KPA argues, has enabled arbitrary, unpredictable, and exploitative fare structures.

The Kerala HC directed the Union Government and DGCA to file their counter-affidavits by May 23, 2024. The Centre filed its affidavit on August 22, 2025, defending deregulation as market-driven. The Court has now listed the matter for final hearing on November 3, 2025.

Covid-19 precedent

KPA’s case draws strength from the Government’s own precedent of fare regulation during the COVID-19 pandemic. Between 2020–2022, the Ministry of Civil Aviation implemented a fare band system that successfully:

• Prevented predatory pricing and excessive competition
• Eliminated price gouging during emergencies
• Maintained airline operational viability
• Ensured essential air travel remained accessible

Petition seeks these key reliefs

In its writ petition, KPA has sought, among other reliefs:

• A declaration that Rule 135(1) is unconstitutional or, alternatively, to read it down by introducing enforceable standards for fairness and transparency.
• A direction to the Union Government and DGCA to establish a Tariff Transparency and Fair Pricing Code within 90 days, setting objective parameters for cost, profit, and public interest.
• Interim directions to cap or band airfares on the India–Gulf routes until such a framework is implemented.
• Recognition of affordable air travel as part of the constitutional right to mobility and dignity under Article 21.

These reliefs seek to institutionalise accountability and prevent exploitative pricing across the aviation sector.