Examine how far the Bharatiya Vayuyan Adhiniyam, 2024 modernises India's colonial-era aviation law.

The Bharatiya Vayuyan Adhiniyam, 2024 received Presidential assent on 11 December 2024. It came into force on 1 January 2025 and replaced the Aircraft Act, 1934 [1]. The Act substantially modernises the form and scope of aviation law. However, it largely keeps the colonial-era control structure over the regulator.

Where the Act modernises

• Cleaner, consolidated law: The 1934 Act had been amended so many times that it became ambiguous. The new law removes redundancies and re-enacts it in an updated form, under a Hindi title [2].
• Wider scope: It adds the power to regulate aircraft design, alongside manufacture, operation, sale and import. This suits India's aircraft-manufacturing ambitions [3].
• Clear role for regulators: It names DGCA (safety) and BCAS (security). Flying dangerously or defying their directions can bring up to two years' imprisonment, a fine of up to ₹1 crore, or both [3].
• Better redress: It adds a second level of appeal against penalties [4].
• Smooth transition: Section 43(2) keeps the Aircraft Rules, 1937 in force until new rules are made. This avoids a regulatory vacuum [1].

Where the colonial design survives

• Regulator not independent: DGCA still works like a government department. The Act does not set out the Director General's qualifications, selection process or tenure. Regulators for telecom, electricity and insurance enjoy more independence [4].
• Excessive delegation: The Centre can decide through rules whether a breach attracts a civil or a criminal penalty. This may violate the separation of powers [4].
• Government as final appellate authority: Appeals against DGCA or BCAS orders go to the central government, with no further appeal. The executive that controls the regulator also hears the final appeal [4].
• One-sided arbitration: The Centre appoints the arbitrator in compensation disputes. Yet the Supreme Court held in 2024 that one party appointing the arbitrator alone violates Article 14 [4].

Overall, the Act modernises the language, scope and structure of aviation law, but not how the regulator is governed. To finish the reform, the rules replacing the 1937 Rules should come with statutory autonomy for DGCA: transparent selection, fixed tenure and an independent appellate tribunal. Only then will aviation regulation fully reflect the rule-of-law values of Article 14 and support India's growth as an aviation hub.