Air /Aviation Law is an expanding field of study in India, which primarily consists of rules and legislations formulated on the lines of the International Treaties and Conventions, to which India is a party.
The International Civil Aviation Organization (ICAO), of which India is a member , allows for its member nations to have the prerogative of making their own laws and rules, which then have to be notified by them in ICAO’s Aeronautical Information Publication . This publication also has to provide for the information on the differences made in the national legislations with respect to the International Conventions/Treaties .
This paper critically analyses the Aviation laws prevailing in India in the light of the changing India Aviation Policy and International Aviation Regime .
Before delving into the specificities of the Legislations, it is important to understand the Indian Aviation Policy in this regard, as implemented by the Government of India.
The Civil Aviation Sector is given significant importance in India as it contributes significantly to the process of development of the country with as a result of enhanced productivity and efficiency in the movement of goods and services by providing access to safe, secure and affordable Air services and world class infrastructure facilities . Further, the vast geographical expanse and terrain of India makes air transport a necessity and not a luxury service as it is the fastest and safest mode of transport for relatively long distance .
Therefore India’s Civil Aviation Policy tries to address the discrepancies in the existing rules/acts within the Civil Aviation sector thereby aiming to remove the scope for different interpretations and instill cohesiveness in the implementation of various rules/regulations . However the Policy has failed to address the growing needs of this sector as reflected in the latest ‘India Aviation Outlook Report' for 2013-14 .
There have been several issues under Indian Aviation Laws which have required attention of the legislators for the improvement of this sector. These issues were comprehensively addressed in the Naresh Chandra Committee Report , where several recommendations were made to improve upon the aviation sector including lowering system costs of civil aviation sector/ liberal fiscal regime, encouraging private participation and competition in air transport services to enhance affordability, need for Air Traffic Control (ATC) services, and the Essential but uneconomical services. Many of these recommendations have been adopted by the Government through continued amendments and many still require attention.
The Air Corporations Act, 1953 aims to provide for the establishment of Air Corporations, to facilitate the acquisition by the Air Corporations of undertakings belonging to certain existing Air companies and generally to make further and better provisions for the operations of air transport services , while the Air Corporations (Transfer of...