Wings Of Justice: The Case For Establishing An Indian Aviation Tribunal

Capt. Somesh Babu Maddula, LL.M, MBA, Tata Air India Ltd

ABSTRACT

It is imperative to address the legal and regulatory challenges that accompany India's exponential growth in aviation. The paper advocates the establishment of an Indian Aviation Tribunal to resolve aviation-related disputes swiftly and effectively. This paper highlights the benefits and necessity of an aviation tribunal in India's burgeoning aviation landscape through a comparative analysis of countries with established aviation tribunals. Using original examples and case studies, including those from other jurisdictions like Canada, Australia and even environmental law cases supported by the National Green Tribunal in India itself, it illustrates how expanding expertise within dedicated tribunals can significantly enhance efficiency, expertise, and fairness in adjudication of complex airline industry matters which are unique or specific to regular courts. India's booming aviation industry will benefit from this specialized structure that will provide a forum for resolving emerging issues promptly through experts in aviation laws. In addition, the establishment of an Aviation Tribunal in India would contribute to the development of a robust and consistent body of aviation law jurisprudence. The creation of a dedicated aviation tribunal will allow precedents and rulings that are tailored to the unique challenges and intricacies of aviation. Additionally, an Aviation Tribunal in India would ease the burden on traditional courts by resolving disputes exclusively related to aviation. The judges and legal experts of a specialized tribunal can develop deep expertise and familiarity with the intricacies of aviation law, ensuring consistent and informed decisions in the future. The ability of an Aviation Tribunal to resolve disputes quickly is one of its key advantages. The broad jurisdiction and high caseload of traditional courts often cause backlogs and delays. An Aviation Tribunal, however, can efficiently handle cases with specialized knowledge and streamlined procedures, reducing litigation costs and time.