The Delhi High Court on Friday notified aviation regulator Directorate General of Civil Aviation (DGCA) and IndiGo operator InterGlobe Aviation of a petition challenging the decision to delay the implementation of revised Flight Duty Time Limitation (FDTL) rules till February 10 following widespread flight disruptions in December.
However, the court refused to issue notices to all airlines as sought by IndiGo’s senior counsel Sandeep Sethi during the hearing.
A bench headed by Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia asked the DGCA and IndiGo to explain why the new FDTL rules were suspended and what relaxations were given to the airline. The case is likely to be heard again after two weeks.
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Judicial review
The court asked the regulator to clarify whether its November and December notices weakened mandatory weekly rest rules for pilots, allowed airlines to combine pilot leave with legally required rest and whether IndiGo was given special, time-bound relief under the new rules.
The court was hearing a public interest petition filed by Sabari Roy Lenka and others. The petitioners argued that the DGCA does not have the power to suspend rules designed to ensure the safety of pilots and that the revised FDTL norms must be enforced equally for all airlines.
The problem started after the revised FDTL rules came into effect on November 1. These rules limited the working hours of pilots and mandated a continuous 48-hour weekly rest period for pilots. During audits, the DGCA found that some airlines were treating pilots’ leave as part of their weekly rest.
To prevent this, the DGCA issued a clarification on November 20 that leave cannot substitute for the mandatory weekly rest.
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However, when IndiGo faced issues with staffing and flight cancellations in December, the DGCA gave it temporary relief till February 10, removing a specific line from its November notification barring airlines from substituting a week’s rest for a holiday.
The petitioners argued that removing the line caused confusion and could allow airlines to once again mix vacation with legally required rest.
Regulator defense
During the hearing, the DGCA told the court that it has not relaxed the weekly rest rules for any airline and that mandatory rest for pilots is “non-negotiable” and applies to all carriers.
The regulator said there was confusion because several communications were issued during audits and in response to requests from airlines during the December blackouts.
Concerns from the bench
However, the High Court questioned why the November advisory, which applied to all airlines, was partially withdrawn. The bench said that by removing the ban on substituting leave for rest, the rules could revert to older aviation requirements that do not clearly regulate leave. This could allow airlines to combine vacation with mandatory rest again.
The court also asked why one communication covered all airlines while another was limited to IndiGo and for a fixed period, and whether this led to regulatory confusion or special treatment.
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The revised FDTL rules, introduced in 2025, aim to improve flight safety by reducing pilot fatigue through stricter duty limits and longer rest periods in line with global standards. When these rules came into effect, IndiGo struggled to manage its schedules, leading to widespread flight disruptions.
To reduce passenger inconvenience, the DGCA has temporarily kept parts of the new rules on hold while airlines adjust.
The Supreme Court has now given time to the DGCA and IndiGo to submit all relevant letters, audit reports and policy reasons on record.
