The Supreme Court has refused to interfere with the airfare structure for the 2025 Hajj pilgrimage from Kerala, emphasizing that airfare determination falls under commercial policy and airline viability. However, the Court directed the Ministry of Minority Affairs to examine and publicly explain why Hajj pilgrims traveling from Calicut to Jeddah are being charged significantly higher fares compared to those flying from other embarkation points in the state.
A bench comprising Justices Surya Kant and N Kotiswar Singh was hearing a plea filed by Hajj pilgrims challenging the price disparity in airfare. The petitioners pointed out that while the airfare for Kochi-Jeddah and Kannur-Jeddah routes was ₹86,000 and ₹85,000 respectively, those departing from Calicut were being charged an exorbitant ₹1,25,000. Alleging arbitrariness and a violation of Article 14 of the Constitution, the petitioners sought a rationalization of airfare, permission to change embarkation points, or a refund of excess charges.
The Court, however, declined to interfere in the pricing mechanism, warning that judicial intervention in commercial airline decisions could lead to adverse consequences, including airlines refusing to operate flights at reduced rates. The bench noted that airfare was fixed through the Ministry’s intervention and was linked to airline viability, making it inappropriate for the Court to substitute policy decisions.
During the hearing, Senior Advocate Shadan Farasat, representing the petitioners, argued that around 5,500 pilgrims were affected by the price disparity. He highlighted that the Hajj pilgrimage is facilitated through a government-issued tender process, with Air India monopolizing the sector. He contended that the substantial ₹40,000 price difference within the same state disproportionately affected economically weaker pilgrims.
The Court acknowledged the petitioners’ grievance but maintained that it could not impose airfare rationalization. However, it directed the Additional Solicitor General, representing the government, to instruct the Ministry to examine the representation submitted by 2,500 affected pilgrims. If the Ministry found that lower fares were unfeasible, it was ordered to publish a reasoned explanation on its website within a week to ensure transparency.
The matter was thus disposed of, with the Court urging the government to address the concerns of the affected Hajj pilgrims while balancing commercial considerations.
