The Bharatiya Vayuyan Niyam, 2026 marks a shift from a command-and-control to a risk-based, decriminalised regulatory model in civil aviation. Critically examine.

The Bharatiya Vayuyan Niyam, 2026 is a set of rules framed under the Bharatiya Vayuyan Adhiniyam, 2024 (Act No. 16 of 2024) [2]. From 1 January 2027 it replaces the colonial Aircraft Rules, 1937 [1]. The rules are designed around risk, but the shift is only partial because the way the regulator is set up has not changed.

Shift towards a risk-based, decriminalised model

• Graded penalties: there are 10 severity levels, from ₹10,000 to ₹1 crore, and 18 compoundable offences. Minor lapses now draw fines, not trials, in the Jan Vishwas spirit [1].
• Layered safety architecture: DGCA must frame a national State Safety Programme, and operators, aerodromes and service providers must run Safety Management Systems [1].
• Just culture: voluntary safety reporting is confidential and non-punitive [1].
• Participatory rule-making: draft CARs are published for 30 days of public objections. Hearings and reasoned orders are built in [1].
• Light-touch market rules: IDERA deregistration within 5 working days. Airlines set fares but must show the total price. Fare directions from the Centre must be proportionate and time-bound [1].
• Builds on a solid base: India's ICAO USOAP score rose from 69.95% to 85.49% after the 2022 audit [5].

Where command-and-control persists

• Executive-defined crimes: 21 offences carry up to 2 years' jail, yet they sit in Rules, not the Act [1]. PRS flagged that letting the executive create offences raises separation-of-powers concerns [3].
• Regulator not autonomous: the Centre appoints the DGCA head, and the law fixes no tenure or qualifications. The Government can override DGCA's orders, and appeals go to the Centre. This differs from TRAI, CERC and IRDAI [3].
• Capacity deficit: nearly 50% of DGCA posts are vacant, and DGCA is better at detecting safety lapses than getting them fixed [4]. Risk-based oversight needs more specialists, not fewer.
• Wide escape clause: the 30-day consultation can be waived "in public interest", and the term is not defined [1].
• Trust gap: the same DGCA that receives voluntary reports also imposes penalties, and it is not independent [1][3].

Overall, the Niyam modernises the rulebook, but the regulator remains an arm of the Ministry. Parliament should give DGCA statutory autonomy and its own recruitment system, as the Standing Committee urged [4]. It should also move jail-term offences into the Act and leave only fines and procedure to the Rules. With an independent and adequately staffed regulator, the risk-based design would deliver safe, affordable flying, in line with SDG 9.