Discuss the significance of the Bharatiya Vayuyan Adhiniyam, 2024 in modernising India's civil aviation regulatory framework. How does it depart from the Aircraft Act, 1934?

Q. Discuss the significance of the Bharatiya Vayuyan Adhiniyam, 2024 in modernising India's civil aviation regulatory framework. How does it depart from the Aircraft Act, 1934? (15 marks, 250-350 words)

India's civil aviation was governed for nine decades by the colonial-era Aircraft Act, 1934. The Bharatiya Vayuyan Adhiniyam, 2024, passed by Lok Sabha on 9 August 2024 and Rajya Sabha on 5 December 2024 and in force from 1 January 2025 [1][2], is a substantive re-enactment rather than a cosmetic renaming — though its real impact rests on rules still being framed.

Significance for regulatory modernisation - Statutory footing for regulators: the Act creates three authorities — DGCA (regulation and safety), BCAS (security) and the Aircraft Accidents Investigation Bureau (accident probes) — replacing purely executive arrangements with legislative backing [1]. - Global alignment: it harmonises Indian law with the Chicago Convention and ICAO obligations, easing recognition of Indian certification abroad [3]. - Manufacturing push: by covering aircraft design, it positions India as a "State of Design" and supports Make in India and Atmanirbhar Bharat in aerospace [1][3]. - Ease of doing business: streamlined licensing and single-window clearance under DGCA reduce procedural delay [3].

Departure from the Aircraft Act, 1934 - Scope widened: the 1934 Act omitted design; the new law expressly regulates design, manufacture, maintenance, operation, sale, export and import [2]. - Better adjudication: a second level of appeal against penalties strengthens due process, absent earlier [1]. - Language and drafting: the statute is recast in contemporary Indian nomenclature, shedding colonial-era phrasing. - Consumer dimension: rule-making powers now extend to areas such as airfare and ancillary charges, an issue the Supreme Court has flagged amid festive-season fare spikes [4].

The Adhiniyam thus shifts aviation governance from a policing statute to a developmental and safety-oriented framework. Its promise, however, will be realised only when the subordinate rules are notified after genuine public consultation and parliamentary scrutiny — the true test of whether modernisation extends beyond text to practice.

(~305 words)

Sources: 1. PRS Legislative Research — Bill Summary, The Bharatiya Vayuyan Vidheyak, 2024 — passage dates, three statutory authorities, design regulation, second appeal 2. The Bharatiya Vayuyan Adhiniyam, 2024 (Act No. 16 of 2024), India Code — commencement from 1 January 2025 and statutory scope 3. PIB — Year End Review 2024, Ministry of Civil Aviation — ICAO/Chicago Convention alignment, Make in India, single-window licensing 4. Prasar Bharati NewsOnAir — Supreme Court raises concern over rise in airfares during festivals — judicial scrutiny of airfare volatility and pricing regulation