Aviation Laws in India

This short article reviews in detail the law and structural features of India's aviation sector regulation. It illustrates how the framework has shifted over the decades from the colonial legacy, based Aircraft Act, 1934 and Aircraft Rules, 1937 to present, day consolidation under the Bharatiya Vayuyan Adhiniyam, 2024 which not only repeals the earlier regime but also promulgates a contemporary, compliance, oriented statutory architecture for regulating civil aviation. It discusses how the regulatory bodies, DGCA, BCAS, and AAIB, have been institutionalized and empowered with full statutory powers of issuing directions, supervision, inquiry, and enforcement of compliance; the continued use of delegated legislation, Civil Aviation Requirements (CARs), and technical rulemaking for implementation of safety and licensing standards; and the multi, layered economic regulation of airports on the basis of the Airports Authority of India Act, 1994 and the AERA framework. This paper also tracks the legal changes brought about by the Carriage by Air (Amendment) Act, 2009 in India to give effect to the Montreal Convention, 1999, which is reflected in passenger and freight liability, structuring of claims, as well as the interplay of international convention limits with domestic consumer remedies, among other things. Additionally, it reviews the aspects of criminalization of aviation security, use of accident investigation for safety rather than punitive purposes, the challenges of administrative law in licensing and enforcement disputes, and airport concession models under PPP. By way of ignoring tariff regulatory harmonization, digital compliance system strengthening, financing framework alignment, and emerging threats such as drones and cyber being the reform needs of the moment. This short article characterizes India's legal aviation framework as a vibrant, regulator, centric system that operates under the principle of safe, secure, and compliant with internation...