Bharatiya Vayuyan Vidheyak 2024

#### Syllabus: Governance

#### Source: Indian Express

Context: The Bharatiya Vayuyan Vidheyak is set to replace the British Era Aircraft Act 1934

Need to Replace the Aircraft Act 1934

• Frequent Amendments: The Act has been amended multiple times to enhance safety, and oversight, and align with international conventions, creating ambiguities and confusion for stakeholders.

• Redundancy Removal: Eliminate outdated provisions.

• Simplification: Improve ease of doing business and streamline processes.

• Modernization: Address design, manufacture, and maintenance of aircraft and related equipment.

Important Provisions:

• Revised Aircraft Definition: Balloons and gliders were removed from the definition.

• Empowerment for Rule-Making:

• The Central Government is empowered to make rules to implement international civil aviation conventions. Examples include the Chicago Convention (1944) and the International Telecommunication Convention (1932).

• The Central Government is empowered to make rules to implement international civil aviation conventions.

• Examples include the Chicago Convention (1944) and the International Telecommunication Convention (1932).

• Enhanced Powers for Aviation Authorities:

• Increased powers for the Directorate General of Civil Aviation (DGCA). Enhanced authority for the Bureau of Civil Aviation Security (BCAS). Greater powers for the Aircraft Accident Investigation Bureau (AAIB).

• Increased powers for the Directorate General of Civil Aviation (DGCA).

• Enhanced authority for the Bureau of Civil Aviation Security (BCAS).

• Greater powers for the Aircraft Accident Investigation Bureau (AAIB).

• Emergency Powers:

• The Central Government is empowered to issue orders in emergencies for public safety, such as detaining aircraft.

• License and Certification Management: Central Government can suspend, cancel, or restrict licenses or certifications with a hearing opportunity for affected parties.

• Appeal Process: Introduction of a second appeal between the initial appeal and final appeal to the Secretary, MoCA.

Significance of the Bill:

The Bill aligns with the Atmanirbhar Bharat initiative by regulating aircraft design and manufacturing. It expands coverage to include drones, UAVs, flying taxis, and electronic gliders. This move addresses the needs of a rapidly growing aviation market, with ICRA forecasting an 8–13% growth in domestic air passenger traffic for FY2024.

Opposition: Some parliamentarians have opposed the Hindi name, arguing it violates Articles 348 1B, 120, and 340 of the Constitution, which mandate parliamentary bills to be in English. He cited Section 3 of the Official Languages Act, emphasizing the difficulty for South Indians to pronounce the Hindi name.

Government’s Response: The bill creates a new identity for India without violating constitutional provisions. The government assured that the bill’s text remains in English.

About the Chicago Convention:

Also known as the Convention on International Civil Aviation, it is an international treaty established in 1944. It set out the core principles for international air transport and created the International Civil Aviation Organization (ICAO) to oversee its implementation. The convention recognizes nine freedoms of air, with the first five being officially recognized by the ICAO. These freedoms grant countries the right to fly over, land in, and transport passengers and cargo between territories.

India is its member