In News:

In a significant move, the Indian Parliament passed the BharatiyaVayuyanVidheyak Bill, 2024 on December 5, 2024, bringing much-needed reforms to the aviation sector. The Bill, which replaces the Aircraft Act of 1934, aims to streamline aviation regulations and improve the ease of doing business in the industry.

Key Highlights of the BharatiyaVayuyanVidheyak Bill, 2024:

• Single-Window Clearance for Aviation Personnel: One of the major changes is the transfer of responsibility for the Radio Telephone Operator Restricted (RTR) certification from the Department of Telecom (DoT) to the Directorate General of Civil Aviation (DGCA). This move consolidates the certification process under a single authority, making it easier for aviation personnel like pilots, engineers, and flight dispatchers to obtain their licenses.
• Regulation of Aircraft Design: The Bill not only retains provisions for regulating aircraft manufacturing, maintenance, and repair, but also introduces new provisions to regulate aircraft design and the places where aircraft are designed.
• Enhanced Penalties for Violations: The Bill specifies severe penalties for violations, such as dangerous flying, carrying prohibited items (like arms or explosives), or littering near airports. Offenders may face imprisonment up to three years, fines up to ?1 crore, or both.
• Introduction of Second Appeal Mechanism: For the first time, the Bill introduces a second appeal process against decisions of regulatory bodies like the DGCA and BCAS, ensuring further scrutiny of decisions related to penalties.
• Improved Licensing Process: The shift of the RTR certification process from the DoT to DGCA aims to curb allegations of corruption associated with the previous system, where candidates often had to pay bribes to clear exams.

Organizational Setup and Authorities:

The Bill outlines the establishment of three key authorities under the Ministry of Civil Aviation:

• DGCA: Responsible for civil aviation safety, licensing, and ensuring compliance with international standards.
• BCAS: Ensures aviation security and develops relevant security measures.
• AAIB: Investigates aviation accidents and incidents.

The central government retains supervision over these bodies, with the power to modify or review their orders.

Criticisms and Concerns:

• Lack of Autonomy for DGCA: The DGCA, unlike independent regulators in other sectors (such as telecom or insurance), operates under direct government supervision. The lack of clear qualifications, selection process, and tenure for the DGCA Director General has raised concerns about the regulator's independence.
• Unilateral Appointment of Arbitrators: The Bill empowers the government to unilaterally appoint an arbitrator in certain cases, which has been criticized for potentially violating the right to equality under Article 14 of the Constitution. The Supreme Court has previously ruled that such unilateral appointments may be unconstitutional.
• Discretionary Criminal Penalties: The central government is granted the discretion to impose criminal penalties for rule violations, which some argue could undermine the principle of separation of powers, as it is the legislature's role to define criminal offenses and penalties.
• Exclusionary Hindi Title: Some critics argue that the Hindi title of the Bill may alienate non-Hindi-speaking populations, which make up a significant portion of India’s demographic.