All You Need to Know About Bharatiya Vayuyan Vidheyak, 2024 

The aviation sector is a critical component of India’s transportation infrastructure, playing a pivotal role in economic growth, connectivity, and globalisation. The introduction of the Bharatiya Vayuyan Vidheyak, 2024 (Bharatiya Vayuyan Vidheyak) marks a transformative moment in India’s aviation landscape, replacing the nearly century-old Aircraft Act of 1934. 

This comprehensive legislation seeks to modernise the regulatory framework, aligning it with global standards and addressing contemporary challenges in the aviation industry.

Context and Need for the Bharatiya Vayuyan Vidheyak, 2024

The Aircraft Act of 1934 served as the foundational regulatory framework for India’s aviation sector but became outdated with the evolving dynamics of the industry. While it underwent multiple amendments over the decades, the rapid growth of the aviation market, the emergence of new technologies, and increasing globalisation necessitated a fresh legislative approach. 

The Bharatiya Vayuyan Vidheyak, 2024 aims to simplify and modernise the regulatory environment, making it more robust and responsive to current and future needs.

Key drivers for the introduction of the Bharatiya Vayuyan Vidheyak include:

• Aligning with international conventions such as those outlined by the International Civil Aviation Organisation (ICAO).
• Addressing gaps and ambiguities in the Aircraft Act.
• Promoting ease of doing business in the aviation sector.
• Supporting India’s ambitions to become a global hub for aviation design, manufacturing, and maintenance.

Key Features of the Bharatiya Vayuyan Vidheyak, 2024

These provisions enhance the government’s ability to address violations effectively while maintaining international commitments.

Expanded Scope of the Legislation

The Bharatiya Vayuyan Vidheyak broadens the scope of the Aircraft Act by including not only the “control” but also the “regulation” of various aspects of aviation. It emphasises design, maintenance, and the life cycle of an aircraft, ensuring a comprehensive approach to safety, innovation, and operational efficiency.

Introduction of New Definitions

The Bharatiya Vayuyan Vidheyak introduces and defines terms such as “design,” “manufacture,” and “maintenance.” These additions address longstanding ambiguities, allowing for clearer regulatory oversight. The definition of “aircraft” has also been updated to align with global aviation hubs such as Ireland and Singapore.

State of Design Status

Traditionally, India has functioned as a “State of Registry” under international aviation norms, responsible for maintaining the airworthiness of registered aircraft. The Bharatiya Vayuyan Vidheyak aims to transition India’s role to a “State of Design,” responsible for the design, approval, and certification of aircraft. This shift positions India as a significant player in global aviation manufacturing and innovation.

Strengthening the Maintenance, Repair, and Overhaul (MRO) Sector

The Bharatiya Vayuyan Vidheyak defines “maintenance” broadly, encompassing activities such as inspection, repair, and defect rectification. With the MRO sector projected to grow into a USD 4 billion industry by 2030, the legislation provides regulatory clarity and encourages investments in this critical area.

Revisions in the Appeal Mechanism

The Bharatiya Vayuyan Vidheyak introduces a two-tier appeal mechanism:

• First Appellate Officer: For initial appeals against penalties or orders.
• Second Appellate Officer: For further appeals, providing an additional layer of review.

This mechanism is a departure from the Aircraft Act, which allowed appeals only for penalties. Appeals against decisions by the Directorate General of Civil Aviation (DGCA) or the Bureau of Civil Aviation Security (BCAS) will now lie directly with the Central Government.

Centralised Licensing for Radio Communication

Previously managed by the Department of Telecommunications, the certification and licensing process for Radio Telephone Operator (Restricted) Certificate (RTOC) now falls under the DGCA. This centralisation aims to streamline the process, reduce corruption, and improve efficiency.

Expanded Powers of the Central Government

The Central Government is empowered to:

• Suspend, cancel, or impose restrictions on licenses and certificates.
• Frame rules for security oversight and monetary penalties.
• Ensure compliance with international conventions, including the International Telecommunication Convention.

Benefits of the Bharatiya Vayuyan Vidheyak, 2024

• Enhanced Regulatory Clarity: By introducing clear definitions and consolidating amendments, the Bharatiya Vayuyan Vidheyak eliminates ambiguities, making compliance simpler for stakeholders.
• Promoting Innovation and Domestic Capabilities: The focus on design and maintenance positions India to develop capabilities in aircraft manufacturing and MRO services. This aligns with the government’s “Make in India” initiative and supports the creation of high-value jobs.
• Streamlined Processes: Centralising the licensing process under the DGCA ensures efficiency and transparency, reducing delays and administrative hurdles.
• Improved Safety and Oversight: The expanded role of the DGCA in regulating design and maintenance ensures a higher standard of safety and operational excellence.
• Alignment with International Standards: Recognising India’s obligations under ICAO and other conventions, the Bharatiya Vayuyan Vidheyak aligns the country’s aviation framework with global best practices, boosting its credibility on the international stage.

Concerns and Criticisms of the Bharatiya Vayuyan Vidheyak, 2024

Lack of Independence for the DGCA

Unlike independent regulators in sectors such as telecom and insurance, the DGCA continues to function under the Central Government’s authority. Critics argue that this compromises its neutrality and effectiveness.

Arbitration Issues

The Bharatiya Vayuyan Vidheyak allows the government to unilaterally appoint arbitrators for compensation disputes, which raises concerns about impartiality. This provision may violate Article 14 of the Indian Constitution (Right to Equality) and bypass the Arbitration and Conciliation Act, 1996.

Discretionary Penalties

The Central Government’s discretion to impose penalties raises questions about consistency and fairness, potentially leading to arbitrary decision-making.

Regulatory Burden on Private Operators

The stringent penalties and compliance requirements under the Bharatiya Vayuyan Vidheyak may increase operational costs for private airlines, impacting their competitiveness.

Implications for India’s Aviation Sector

Growing Passenger Traffic

India’s domestic air traffic reached 306.79 million passengers in FY23, with international traffic rising to 69.64 million passengers. The Bharatiya Vayuyan Vidheyak’s reforms aim to support this rapid growth by creating a robust regulatory environment.

Expanding Infrastructure

The number of operational airports has increased from 74 in 2014 to 157 in 2024, with a target of 350-400 airports by 2047. The Bharatiya Vayuyan Vidheyak provides a framework to manage this expansion effectively.

Supporting Fleet Growth

Indian carriers added 112 new aircraft in 2023, bringing the total to 771 planes, with plans to reach 1,100 by 2027. The Bharatiya Vayuyan Vidheyak’s focus on MRO and design supports this fleet expansion.

Strengthening Market Competitiveness

By aligning with international standards and enhancing domestic capabilities, the Bharatiya Vayuyan Vidheyak supports India’s ambition to become a global aviation hub.

Government Initiatives Complementing the Bharatiya Vayuyan Vidheyak

• National Civil Aviation Policy (NCAP) 2016: Aims to make flying affordable and accessible by promoting ease of doing business and enhancing regional connectivity through the UDAN-RCS Scheme.
• Greenfield Airports: The government has approved 21 greenfield airport projects, with 11 operationalised by 2023. These airports prioritise sustainability and net-zero emissions.
• Sustainability Efforts: Airports like Delhi and Mumbai have achieved Level 4+ Carbon Accreditation. The Bharatiya Vayuyan Vidheyak complements these efforts by enabling regulatory oversight of green initiatives.

Conclusion

The Bharatiya Vayuyan Vidheyak, 2024 is a significant step toward modernising India’s aviation sector. By addressing long-standing gaps, introducing a forward-looking framework, and aligning with international standards, the Bharatiya Vayuyan Vidheyak lays the foundation for a thriving aviation ecosystem. However, to maximise its potential, the government must address concerns about regulatory independence, fairness, and stakeholder inclusion. With careful implementation and complementary initiatives, the Bharatiya Vayuyan Vidheyak has the potential to elevate India’s status as a global leader in aviation.