Bharatiya Vayuyan Vidheyak, 2024

Why in News?
The Bharatiya Vayuyan Vidheyak, 2024, passed by the Indian Parliament, aims to modernize and address contemporary challenges in the civil aviation sector, replacing the Aircraft Act, 1934. 

Highlights of the Bharatiya Vayuyan Vidheyak, 2024:

Authorities and Oversight:

• Establishes three key aviation bodies:
  1. Directorate General of Civil Aviation (DGCA) for regulatory and safety oversight.
  2. Bureau of Civil Aviation Security (BCAS) for ensuring aviation security.
  3. Aircraft Accidents Investigation Bureau (AAIB) for accident investigations.
• Retains central government control over these bodies, with authority to issue directions, review, or modify their orders.

Regulatory Scope:

• Expands the regulatory framework to include aircraft design alongside existing provisions for manufacturing, operation, and trade.
• Introduces provisions for a second level of appeal in cases of penalties.

Offences and Penalties:

• Includes penalties for activities such as:
  • Dangerous flying or carrying prohibited items like arms and explosives.
  • Violating rules related to public safety near airports, such as depositing rubbish or slaughtering animals.
• Offences may result in imprisonment of up to three years or a fine of up to ₹1 crore.

Powers to Make Rules:

• Central government retains authority to frame rules related to licensing, air transport services, and adherence to international conventions like the Chicago Convention, 1944.
• Adds provisions for rules governing radio operator certifications under the International Telecommunication Convention.

Arbitration for Compensation: Provides for compensation in disputes related to demolition or modification of structures near airports, with an arbitrator appointed by the central government.

Key Issues and Analysis:

• Lack of an Independent Regulator
  • Unlike other sectors such as telecom, electricity, and insurance, where private participation is regulated by independent authorities, the DGCA remains under government control.
  • The Bill does not specify qualifications, selection processes, or tenure for key officials like the Director General of Civil Aviation.
  • This lack of independence could lead to bureaucratic influence and conflict of interest, as private airlines dominate the aviation sector.
• Unilateral Appointment of Arbitrator
  • The Bill allows the government to appoint arbitrators for compensation disputes, excluding the Arbitration and Conciliation Act, 1996.
  • The Supreme Court has ruled that unilateral arbitrator appointments violate the right to equality (Article 14), as it undermines impartiality.
• Delegation of Criminal Penalties
  • The Bill empowers the government to define criminal penalties for violations of rules, raising concerns about the principle of separation of powers.
  • In other frameworks like railways, offences and penalties are explicitly outlined in the law rather than delegated.

Significance and Impact:

1. Modernization of Civil Aviation Framework: Addresses contemporary challenges in aircraft design and safety, aligning with global standards.
2. Enhanced Penalty Provisions: Ensures stricter compliance with aviation safety and security norms, deterring violations.
3. Streamlining Licensing: Provides relief to aviation personnel by simplifying licensing processes.
4. Scope for Legal Reforms: Opens a debate on independence in aviation regulation and adherence to constitutional principles in arbitration and penalties.

Way Forward:

• Establishment of an Independent Regulator: Introduce an autonomous body to ensure unbiased regulation and efficient oversight of private airlines and cargo operators.
• Review of Arbitration Provisions: Amend the Bill to align with judicial precedents on impartial arbitration.
• Legislative Clarity on Penalties: Explicitly outline criminal offences and penalties in the law to uphold legislative accountability and separation of powers.

The Bharatiya Vayuyan Vidheyak, 2024, is a significant step towards reforming India’s civil aviation sector but requires further refinements to address key constitutional and operational challenges effectively.

Explore our Books: https://apnipathshala.com/product-category/books/

Explore Our test Series: https://tests.apnipathshala.com/