India's Supreme Court Pushes Government to Finalise New Aviation Rules by September 2026

India – India's Supreme Court has given the central government three weeks to finalise rules under the Bharatiya Vayuyan Adhiniyam, 2024 as it considers a public-interest petition concerning airline fares, ancillary charges and regulatory oversight. Finalisation is directly relevant to pilot training because the draft Bharatiya Vayuyan Niyam, 2025 also contains pending flight-crew licensing reforms, including proposed changes to ATPL examinations that DGCA has indicated would follow notification of the final rules.

• Three weeks were granted for the government to finalise the rules after an August 17, 2026 hearing before Justices Vikram Nath and Sandeep Mehta. Additional Solicitor General Anil Kaushik presented the draft rules to the bench in a sealed cover and said final discussions remained underway; the case is scheduled to return to the Supreme Court on September 7.
• The proceedings relate to Writ Petition (Civil) No. 1124/2025, S. Laxminarayanan v. Union of India & Ors. The petition seeks stronger and more independent regulatory oversight of airline pricing and passenger protection, including controls addressing unpredictable airfare movements and ancillary charges.
• After reviewing the draft, the bench said that a regulatory mechanism had been proposed but questioned whether the framework provided for an effective regulator. During the hearing it also warned that airlines failing to comply with applicable government requirements should be grounded.
• The Bharatiya Vayuyan Adhiniyam, 2024 came into force on January 1, 2025 and replaced the Aircraft Act, 1934. Section 43 of the new legislation preserves existing rules, licences, approvals, directions and other actions under the former legislation to the extent that they are not inconsistent with the new Act.
• The Ministry of Civil Aviation published the draft Bharatiya Vayuyan Niyam, 2025 under G.S.R. 466(E) on July 11, 2025. The rules were made available publicly on July 14, with the consultation period subsequently extended to August 19, 2025 following stakeholder requests, meaning the main replacement rules have remained under finalisation for more than a year.
• AFM previously reported that the draft Bharatiya Vayuyan Niyam, 2025 proposes changes to India's Airline Transport Pilot Licence examination process, including removal of the existing oral examination component and possible use of online, on-demand examination sessions. DGCA Director General Faiz Ahmed Kidwai indicated at the time that the revised approach was expected after finalisation of the draft rules.
• DGCA's current Pariksha guidance continues to state that Flight Crew Licence examinations are conducted under Rule 41A of the Aircraft Rules, 1937 and directs candidates to the existing 1937 rules for flight-crew examination requirements, indicating that the legacy examination framework remains operational while the replacement rules are pending.

Source: India's Supreme Court