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ABSTRACT

The article discusses the necessity of domestic airline regulation and the guidelines that must be followed in due accordance of aviation law. Because of the expansion of interpersonal ties as we move from the seas to the air and beyond our atmosphere, and additionally, because of globalization, aviation law is both necessary and justified.  The basic definition of aviation law i.e., The operation and regulation of airplanes and airports are governed by aviation law, a complex and dynamic field. It covers a wide range of topics, such as air traffic control, pilot training and certification, liability for accidents and incidents, and aircraft design and maintenance. Since India holds a prominent position in the civil aviation industry and aviation is a means of mass transportation in the modern era, air law is therefore crucial in determining social and economic life as well as public order in India and throughout the world.

 Research question –      How does India regulate civil aviation?

INTRODUCTION-

The history as defined as well as the given laws for the regulation a few as stated. The planning and execution of programs for the growth and expansion of civil air transport, airport facilities, air traffic services, and the carriage of passengers and goods by air are under the control of the Ministry of Civil Aviation (MCA), which is the nodal Ministry responsible for the formulation of policy and regulation of civil aviation in India. The primary regulatory bodies operating under the MCA’s authority are as follows:

1. DGCA
2. AAI
3. BCAS
4. Metrology
5. Airlines

AUTHORITIES REGULATING THE DOMESTIC AIRLINES –

1. DGCA – The Directorate General of Civil Aviation

The DGCA derives its authority from the Aircraft Act and Rules and carries out tasks like issuing licences, approvals, certificates, and permits. It also enforces civil air regulations, regulates air transport services, air safety, and airworthiness standards.

All-encompassing control over India’s civil aviation, the ability to issue directions, the ability to issue CARs, the ability to make specifications, the ability to issue licences for people, aircraft, and aerodromes, the ability to approve schedules, and the ability to investigate accidents and incidents

2. AAI

  The Ministry of Civil Aviation has delegated the responsibility for developing,      modernising, maintaining, and managing India’s civil aviation infrastructure to the Airports Authority of India, or AAI, a statutory body established under the Airports Authority of India Act, 1994. AAI also manages a total of 126 airports, including 11 international airports, 11 customs airports, 89 domestic airports, and 26 civil enclaves at military airfields. It offers Communication Navigation Surveillance / Air Traffic Management (CNS/ATM) services over Indian airspace and adjacent oceanic areas. AAI also has ground installations at all airports and 25 other locations to ensure the safety of aircraft operations.

The Aircraft Accident Investigation Bureau (AAIB) is in charge of looking into and determining liability in the event of an accident or incident. In India, the AAIB looks into and publishes reports on incidents and accidents involving civil aircraft.The Air Transport Agreement Act, 2020, which the Indian government also passed, regulates and develops air transport services in India while fostering aviation industry economic development and safety and security.Overall, India’s aviation law is comprehensive and covers all facets of the aviation sector, including liability, safety and security, and consumer protection. Since it is a field that is constantly changing, updates and modifications are needed frequently to keep up with emerging technologies and market trends.

Various laws  force in India.

The safe and effective operation of aeroplanes and airports is ensured in India by a number of laws and regulations that govern aviation law. Key aviation laws that are applicable in India include:

The 1934 Aircraft Act:

The fundamental framework for India’s civil aviation regulation is outlined in this act. It addresses topics like the licencing of pilots, the registration of aircraft, and the control and navigation of airspace. To promote peaceful international cooperation through aerial navigation, the main objective was to harmonise international aviation regulations and ensure that all laws were applied equally.

 The Air Corporations Act of 1953:

This law sets up and governs public sector enterprises in the area of civil aviation.The Air Corporations Act of 1953 established Air Corporations and nationalised all air transportation in order to make better provisions for the country’s air transportation operations and to make it easier to acquire existing airline companies

 The carriage by air act, 1972

application of amended Convention to India.—(1) The rules contained in the Second Schedule, being the provisions of the amended Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage[1].

The Airports Authority of India Act, 1994:

This law designates the Airports Authority of India (AAI) as the regulatory body responsible for overseeing the development and management of airports in India.

The Directorate General of Civil Aviation Act, 2011, designates the Directorate General of Civil Aviation (DGCA) as the regulatory body responsible for monitoring and governing civil aviation in India.

The Authority will be responsible for effectively managing the airports, civil enclaves, and aeronautical communication stations on behalf of the government. The Authority is responsible for providing air traffic control and air transportation services at all airports and civil enclaves.

Scope for Civil aviation growth

Indian domestic airlines are experiencing a new era of growth, which is being fueled by factors like low cost carriers, modern airports, foreign direct investments, cutting edge information technology applications, and a growing focus on regional connectivity.

With a market size of roughly US$ 16 billion, India is the ninth-largest aviation market in the world and is expected to overtake China by 2022.

Due to its large and expanding middle class population, rapid economic growth, higher disposable incomes, rising middle class aspirations, and overall low penetration levels, India’s aviation industry has enormous growth potential. It also has the potential to become a major global MRO hub due to its expanding aircraft fleet, strategic location advantage, rich engineering talent pool, and lower labour costs.

Relevant cases

International Airport A.I. Officers Association v Union of India and Another, 2005 [iv]
The Court stated: “The rule of construction is well known that when there are two provisions in an enactment that cannot be reconciled with one other, they should be read in such a way that, if feasible, effect is given to both.” This is known as the harmonic construction rule

NipaDhar (nee Ghosh) v National Aviation Company of India Limited and others,

Considering the aforesaid principles of law and points discussed and my findings and observation above, writ is maintainable and I hold that there is breach of Article 14 and 21 of the Constitution of India. The order of termination accordingly is not legally sustainable and it is set aside and quashed. Impugned judgement and order of Learned Trial Judge, except the order of consideration for alternative job, stand set aside and quashed Order of termination now has been quashed and set aside by us. As a resultant effect she will be deemed in service continuously[2].

Recent Changes

To support the civil aviation industry, the Government of India recently made a number of changes to the civil aviation policy and other relevant regulatory framework.

The changes include an effort to loosen up regulatory requirements, tax breaks for those industries, increased regional air connectivity, cost-cutting measures for operating and building new airports, obtaining a “make in India” policy to expand the reach and market size of this industry, and numerous other actions. The Government has finally taken action to fully revive the civil aviation sector, and in particular, the MRO sector, to stop the outflow of revenue due to the ever-growing fleet size, rising popularity of air travel among Indians, expansion, growth, and modernization of regional and international airports.

The Indian MRO industry is finally prepared to expand and take advantage of the vast untapped market opportunities due to the recent surge in regulatory requirements and potential tax benefits, as well as the government’s goal to make air travel more affordable for the country’s sizable middle class.

The MRO sector in India is anticipated to grow significantly between now and 2022, ranking among the strongest MRO markets worldwide and serving the requirements of both domestic and foreign airlines operating in and near India.

Conclusion

There have been a number of flight mishaps that call into question the safety of Indian air travel. All safety-related issues are primarily the DGCA’s concern. Since there aren’t enough training facilities and the DGCA lacks experience, it has frequently come under fire.Even though India’s aviation industry has been subject to a number of rules and regulations, there are still a number of issues that require immediate attention. Despite all of these challenges, the Indian aviation sector is one of the most thriving in the world. However, the Indian government must make a concerted effort to implement various international conventions.

In summary, aviation law is a complicated and dynamic field that is essential to maintaining the effectiveness and safety of the global aviation industry. It covers a broad range of legal concerns, such as safety, liability, environmental issues, and international treaties and agreements, that are connected to the operation and regulation of the aviation industry.The laws and rules governing the aviation industry are enforced and governed by national and international governmental organisations as well as international treaties and agreements. The scope of aviation law will keep growing with the expansion of the aviation industry, making it a crucial area of law in the years to come.

 

 

[1] https://www.indiacode.nic.in/bitstream/123456789/1658/2/A1972-69.pdf

[2] https://www.aicb.org.in/images/advocacy/highCourtCases/Smt.%20Nipa%20Dhar%20(Nee%20Ghosh)%20vs%20National%20Aviation%20Company.PDF