RESEARCH PAPER

AVIATION LAW

“DGCA and its role in the Aviation Industry”

NALSAR UNIVERSITY OF LAW, HYDERABAD

Submitted to:

Dr. Shaik Nazem Ahmed Safi

Submitted by:

Mayank Labh

Vth Year, IXth Semester,

B.A. LL.B. (Hons.)

2014- 5LLB-26
 TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3

FUNCTIONS OF DGCA................................................................................................................3

NO LEGISLATIVE BACKUP FOR DGCA......................................................................................5

ANALYSIS OF DGCA WITH RESPECT TO INTERNATIONAL STANDARDS AND RECOMMENDED

PRACTICES..................................................................................................................................5

SHORTCOMINGS OF DGCA WITH RESPECT TO AUDIT COMMITTEE...........................................6

ANALYSING THE ROLE IN CERTIFYING THE AIR-WORTHINESS OF AN AIRCRAFT ........................7

AIRCRAFT MAINTENANCE ORGANIZATIONS (AMOS).................................................8

ISSUANCE OF AIR OPERATOR’S PERMIT.........................................................................9

GRANTING LICENSING/CERTIFICATE/APPROVALS......................................................9

CERTIFICATION OF AERODROME..............................................................................................10

DGCA AND ATC......................................................................................................................11

SURVEILLANCE OF AIRLINES AND APPROVED ORGANIZATIONS.........................11

SURVEILLANCE OF FOREIGN AIRLINES (SOFA...........................................................12

INVESTIGATION OF AIR ACCIDENTS.............................................................................12

PROPOSED CIVIL AVIATION AUTHORITY.................................................................................13

CONCLUSION.............................................................................................................................14
INTRODUCTION
In India there has been a great increase in demand due to increased participation of upper
middle class people and lower-middle class people in the aviation sector. India, at present, is
at the 9th in the aviation industry but it is anticipated that it will be the third largest market by
2020 and top market by 2030.1

There has been a perception made that the aviation regulator of the country DGCA
(Directorate General of Civil Aviation) is not able to cope with such an increased demand. 2
The major obstacle faced by the DGCA as the aviation safety regulator in the changed
conditions was the crisscross between expansion of air services operations and the necessary
manpower and infrastructure to satisfactorily supervise, facilitate and enforce the safety
standards. Sense of urgency in making adequately trained human-resources present in such
instrumental areas as pilots, trainers, maintenance engineers, inspection officers, etc. in fact,
was starkly absent in the approach of DGCA.3

It is with this context that the paper would be analysing the role of DGCA in the aviation
sector. The paper seeks to examine the responsibilities and functions of DGCA and how well
it has been able to do its job as a regulator. Moreover, the Article would also be suggesting
reforms which could be made to make DGCA function better.

FUNCTIONS OF DGCA
The DGCA is the primary government organisation, created during the British time, for
authorization and enforcement of aeronautics safety regulations in the country as contained in
the Aircraft Act and the Aircraft Rules. To put it in other words, it is majorly the regulatory
authority for aeronautics safety regulations and comprises the Directorates of Airworthiness,
Flight Inspection, Aerodrome Standards, Flight Crew Training and Licensing, Air Transport,
Regulation & Information, Air Safety and Research & Development. 4 It is accountable with
1
Manu Balchandran, India all set to become the World’s third largest aviation market, (Oct. 2, 2018),
https://qz.com/india/641745/india-all-set-to-become-the-worlds-third-largest-aviation-market-by-2020-says-
new-study/.
2
PTI, Delhi HC asks for latest position on air safety from DGCA, (Oct. 1, 2018),
https://www.livemint.com/Politics/a4gvEh6pEXqK8CtSV1v8oJ/Delhi-HC-asks-for-latest-position-on-air-
safety-from-DGCA.html.
3
Binoy Prabhakar, For business in Aviation Sector, biggest obstacle is regulator, (Oct. 3, 2018),
https://economictimes.indiatimes.com/industry/transportation/airlines-/-aviation/for-business-in-aviation-sector-
biggest-obstacle-is-regulator/articleshow/49666607.cms.
4
Ministry of Civil Aviation, Report of the Committee on a Roadmap for the Civil Aviation Sector,(Sept. 30,
2018), http://www.civilaviation.gov.in/sites/default/files/Committee%20reports%2011.pdf.
respect to governing safety aspects of civil aviation, that include certification of airlines and
aerodromes, airworthiness of aircraft, personnel licensing and surveillance of aircraft
operations in India. Some of the salient functions done by DGCA are the following5:

1. Registration of civil aircraft;

2. Formulation of standards of airworthiness for civil aircraft registered in India and grant of
certificates of airworthiness to such aircraft;

3. Licensing of pilots, aircraft maintenance engineers, air traffic controllers and flight
engineers, and conducting examinations and checks for that purpose;

4. Certification of aerodromes;

5. Maintaining a check on the proficiency of flight crew, and also of other operational
personnel such as flight dispatchers and cabin crew;

6. Granting of Air Operator’s Certificates to Indian carriers and regulation of air transport
services operating to/from/within/over India by Indian and foreign operators, including
clearance of scheduled and non-scheduled flights of such operators;

7. Conducting investigation into incidents and serious incidents involving aircraft upto 2250
kg AUW and taking accident prevention measures includingformulation of implementation of
Safety Aviation Management Programmes;

8. Carrying out amendments to the Aircraft Act, the Aircraft Rules and the Civil Aviation
Requirements for complying with the amendments to ICAO Annexes, and initiating
proposals for amendment to any other Act or for passing a new Act in order to give effect to
an international Convention or amendment to an existing Convention;

9. Coordination of ICAO matters with all agencies and sending replies to State Letters, and
taking all necessary action arising out of the Universal Safety Oversight Audit Programme
(USOAP) of ICAO;

10. Approval of institutes engaged in flying training including simulator training, AME
training, air traffic services training or any other training related with aviation with a view to
ensuring a high quality of training;

5
Office of the Director General of Civil Aviation, Organisation Manual, June 2017.
11. Granting approval to aircraft maintenance, repair and manufacturing organizations and
their continued oversight;

12. To act as a nodal agency for implementing Annex 9 provisions in India and for
coordinating matters relating to facilitation at Indian airports including holding meetings of
the National Facilitation Committee.

NO LEGISLATIVE BACKUP FOR DGCA

The activities undertaken under the Civil Aviation which includes matters related to safety
are governed in our country through a framework of legislations and rules and regulations
created by the Union Government. The Aircraft Act, 1934 is the primary law dealing with
Civil Aviation, which is complemented by the Aircraft Rules, 1937, and the Civil Aviation
Requirements (CARs). It is to be noted that the DGCA does not enjoy any statutory or
legislative backing for the powers which they enjoy. There is no legislation which describes
the power which the DGCA would have.6

ANALYSIS OF DGCA WITH RESPECT TO INTERNATIONAL STANDARDS AND

RECOMMENDED PRACTICES
India is a signatory o the Chicago Convention, 1944. As a signatory, it is mandated to follow
the International Standards and Recommended Practices (SARPs) of International Civil
Aviation Organization (ICAO) in order to reach the maximum safety for the operations of
aircraft.

SARPs contained in the ICAO Annexes of which the relevant ones are the following: Annex
1 (Licensing of Personnel), Annex 2 (Rules of the Air), Annex3 (Aviation Meteorology),
Annex 5 (Units of Measurements), Annex 6 (Operation of Aircraft), Annex 7 (Registration
of Aircraft), Annex 8 (Airworthiness of Aircraft), Annex 9 (Facilitation), Annex 10
(Aeronautical Telecommunications), Annex 11 (Air Traffic Services), Annex 12 (Search and
Rescue), Annex 13 (Aircraft Accident and Incident Investigation), Annex 14 (licensing of
Aerodromes including heliports), Annex 15 (Aeronautical Information Services), Annex 16
(Aircraft Noise and Engine Emissions) and Annex 18 (Carriage of Dangerous Goods). There
are other relevant ICAO documents which also contribute to the rules, regulations and
requirements in the Aircraft Rules, 1937, the Aircraft (Demolition of obstructions caused by

6
Please see Aircraft Act, 1934 read with Aircraft Rules, 1937.
Buildings and Trees etc.) Rules, 1994, the Aircraft (Carriage of Dangerous Goods) Rules,
2003, Civil Aviation Requirements, Aeronautical Information Circulars (AIC),etc. From the
analysis of the legislations in India, it has been found that India has adopted most of the
safety standards as it has been incorporated in the ICAO.

SHORTCOMINGS OF DGCA WITH RESPECT TO AUDIT COMMITTEE

It is pertinent to note that aviation safety audit of the concerned country is conducted under
an ‘International Aviation Safety Assessment Programme’ (IASA).7 It centres around the
nation’s capability to cling to standards and prescribed practices of International Civil
Aviation Organization (ICAO) for aviation operations and maintenance. 8 Such an audit of
DGCA happened in 1997 found India lacking on as much as seventy points. DGCA was
inspected by an ICAO safety oversight audit team in 1999 with the subsequent audit in 2001.
These audits covered ICAO Annexes 1, 6 and 8.

In the year 2006, ICAO again audited DGCA covering all safety related Annexes under the
comprehensive systems approach with the object of ascertaining the safety oversight
capability of the DGCA in areas of airworthiness, personnel licensing, operations,
aerodromes, air navigation services and aircraft accident and incident investigation.

In March 2009, Federal Aviation Authority (FAA), in light of the findings of an audit
conducted by ICAO in October 2006, directed a re-evaluation of DGCA. Towards the finish
of each and every audit, the audit team made its findings and proposals to be implemented by
the DGCA. he FAA review group visited India again in September, 2009 which, as asserted
by the Ministry of Civil Aviation discovered India in consistence with universal benchmarks
for aeronautics security and revealed India to keep on being kept up in Category . This was
again embraced amid a visit by FAA in July 2010 which expressed that DGCA has shown
change in its wellbeing oversight framework.

The Committee was additionally educated that out of seventy inadequacies seen by the FAA,
61 had been as of now tended to. The staying nine which were essentially on air route
frameworks was to be tended to. 9
7
International Aviation Safety Programme,(Oct. 4, 2018), https://www.faa.gov/about/initiatives/iasa/.
8
Id.
9
Parliamentary Standing Committee on Transport, Tourism and Center, Directorate General of Civil Aviation:
Issues and Challenges, (Oct. 3, 2018),
The newly created Air Navigation Services Directorate deals with all related matters
including air traffic control, air traffic management and was supposed to address these
pending issues. However, this project also did not work out properly as the DGCA was not
satisfied with the report came up by ANS. It is important to note that for the establishment of
ANS, more than 7 crore rupees were spent.10

The Ministry while clarifying informed the Committee that the assessments found India to be
complaint in areas of aviation legislation, operating regulations, civil aviation structure and
safety oversight functions, and licensing and certification obligations. The Audit team,
however, raised concerns in the areas of: (i) adequate technical guidance for DGCA technical
officials; (ii) hiring and retaining adequate technical personnel in DG; iii) establishment of an
on-going surveillance programme of air operators; and (iv) resolution of identified safety
issue.

ANALYSING THE ROLE IN CERTIFYING THE AIR-WORTHINESS OF AN AIRCRAFT

The Aircraft Rules, 1937 state that no civil aircraft shall be flown in India unless it holds a
valid Certificate of Airworthiness (C of A) issued by DGCA.11 The CoA is The Certificate of
Airworthiness is issued simply after a review to guaranatee that the airship is of endorsed
Type Design and has been kept as per periodic inspection schedules mandated by the
manufacturer of the aircraft. During CoA inspection, it is guaranteed that parts and
components have been supplanted when due, compulsory airworthiness directives and
applicable service/alert bulletins including Supplementary Structural Inspection Programme
(SSIP) and Corrosion Prevention and Control Programme (CPCP) have been followed.12

The CoA remains valid for no more than five years for airship which has been used for 10
years and is thereafter valid for a period of 2 years upto the age of 20 years. For aircraft over
20 years of age, the validity of Certificate of Airworthiness has been restricted to one year.
During the course of the validity of Certificate of Airworthiness of an aircraft, officers of

http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Transport,%20Tourism
%20and%20Culture/168.pdf.
10
Tarun Shukla, For DGCA, Air Safety is just a piece of Study Material, (Oct. 3, 2018),
https://prime.economictimes.indiatimes.com/news/65024456/transportation/for-dgca-air-safety-is-just-a-piece-
of-study-material.
11
See Rule 15 of the Aircraft Rules, 1937. Also, please see DGCA notification on Issue and Suspension of
Certificate of Airworthiness, available at http://dgca.nic.in/ftppub/D2F-F3.pdf.
12
Id.
DGCA monitor routine maintenance, major checks and significant defects through spot
checks and surveillance.13

In response to a query, the Ministry of Civil Aviation informed that there are in all 1518
aircraft registered in India, out of which 1085 are aeroplanes, 285 helicopters and 148 others
like gliders, micro light, balloons etc. Many aircraft owned by the State Governments,
training institutes and under ‘Private Category’ are old and do not possess current ‘Certificate
of Airworthiness’. There are 241 aeroplanes, helicopters, gliders, micro-lights, hot balloons
and hang gliders registered under ‘Private Category’, which cannot be used for hire and
reward. Thus, about 50% of aircraft are presently in operation.

In any case, it was accounted for by one of the stakeholders that even though DGCA
complies with ICAO standards for selecting the airworthiness officer, there is a major hole in
the capability of airworthiness officers of DGCA and those of FAA and EASA. Along these
lines, a council was initiated to ask into this issue. When asked, the Ministry of Civil
Aviation educated the Committee that unllike FAA and EASA, equipped individuals don't
join DGCA because of its meagre pay structure. In any case, it is contended by the Ministry
of Civil Aviation that DGCA is granting sufficient preparing to raise the fitness of its officers
to the required level, as indicated by the advisory group. Yet, it isn't found as far as the
review which is finished by FAA. It is to be noticed that India has been positioned
underneath nations, for example, Pakistan and North-Korea in air-security oversight and as
per sources it is a probability that there may be another down-gradation in its rating in the
following FAA audit.14

AIRCRAFT MAINTENANCE ORGANIZATIONS (AMOS)

Maintenance of aircrafts is done by the outside associations endorsed by DGCA for which it
needs to guarantee that they have legitimate infrastructure, suitable devices/apparatus,
refreshed reports like support manual, wiring graphs, parts list and so on and air ship
maintenance engineers holding proper licences for the support work. DGCA approval is valid
for one year for which important assessments must be conveyed every year. All these require
countless qualified work force.

13
Id.
14
Tarun Shukla, How India slipped below Pakistan and North Korea in air-safety audit, (Sept. 28, 2017),
https://prime.economictimes.indiatimes.com/news/65002140/transportation/how-india-slipped-below-pakistan-
and-north-korea-in-air-safety-audit.
However, it was discovered that in the Directorate of Airworthiness in the DGCA, out of
aggregate endorsed quality of 249, just 64 were in position which was a significant dismal
condition of issue by the DGCA.15

ISSUANCE OF AIR OPERATOR’S PERMIT

Before carrying out air transport operations in India, a prospective operator is required to
comply with Schedule XI of the Aircraft Rules, 1937 which lays down the requirements for
grant of permit for scheduled operations. The detailed requirements for the issuance of a
permit is given in the Civil Aviation Requirements (CARs) and involves a number of steps
leading to issuance of an Air Operator’s Permit by DGCA under Rule 134 of the Aircraft
Rules, 1937.16 The steps involved in the process of the issuance of the permit includes
issuance of an initial ‘No Objection Certificate (NOC)’ for starting an airline, setting up of
the facilities and infrastructure by the proposed operator, grant of permission for
import/acquisition of aircraft and the issuance of Air Operator’s permit. Before the permit is
issued, DGCA ensures compliance with safety requirements (operational and airworthiness).

GRANTING LICENSING/CERTIFICATE/APPROVALS
DGCA is the government body to issue endorsement/licenses with regards to International
Standards and Recommended Practices for different classifications of Pilots, flight group
individuals, Aircraft Maintenance Engineers, Air Traffic Controllers and so on. Aside from
checking different records/endorsements, holding composed examinations, DGCA
additionally directs tests on different tallies to test their abilities, wellbeing, and so forth.
Because of a particular protestation of giving of medial fitness certificates to unfit pilots and
misbehavior in the current framework made by a stakeholder, the Ministry negated the claims
and expressed that the medical test was directed by affirmed associations, for example, Chief
Medical Examiner, overseen by Indian Air Force. DGCA had embraced a few changes in
Medical Cells.

The work relating to licensing of personnel and conducting regular examination of competent
person in those categories is looked after by the Training and Licensing Department of the
DGCA. It has been found by one of the committees that of the sanctioned 26 posts in this
Department, only four were in position, let alone the actual requirement for this purpose. It

15
Supra, note 9.
16
See Rule 134 of Aircraft Rules, 1937.
has also been found that fake licenses are being given to the pilots for ulterior reasons. It was
found that such pilots do not even clear the medical fitness and other sort of test and this
situation is evident of the fact that there is a criminal collusion between the DGCA officials,
flight training institutes and flight instructors.17

CERTIFICATION OF AERODROME
The Directorate General of Civil Aviation needs to ensure that a candidate for issuance of
Aerodrome permit meets the law envisaged under Aircraft Rules, 1937 and the applicable
Civil Aviation Requirements. It additionally completes audit/review of the aerodrome
administrator's operational preparedness before the issuance of the permit, which may include
a series of investigations, to guarantee sufficiency of offices, gear, working techniques,
accessibility and fitness of the prepared personnel utilized by the candidate to perform basic
exercises for aerodrome activity and upkeep. Moreover, intermittent assessments and
observation of aerodrome permit holder are led so as to guarantee that the required principles
for aerodrome activities are kept up. These wellbeing oversight capacities comprising of
occasional and arranged investigations of the aerodrome, amid which proceeded with
efficiency of the aerodrome administrator is observed.18

DGCA started the process of licensing of aerodromes in the year 2006. In all 23 aerodromes,
18 international and 5 domestic have been licensed by DGCA. The Committee was informed
that after the Mangalore crash, a review of critical airports was taken up and 12 such airports
have been identified. For the enforcement of regulatory provisions of aerodrome licensing,
the DGCA’s Aerodrome Directorate has only one officer. This is according to the Standing
Committee report as cited below.19

The issue identifying with working of significant airplane terminals without substantial
permit additionally should be investigated. The Secretary, Ministry of Civil Aviation,
clarified the foundation of aerodrome permitting in the nation and the conditions prompting
such a circumstance. It was clarified the lawful issues included and furthermore the need to
bring the airplane terminals/airstrips in certain zone under the control of Ministry of Defense.
The Secretary educated the Committee that every one of those issues were being dealt with
and guaranteed that licenses will be issued at the appropriate time to all the working airplane

17
Supra, note 9.
18
Manual of Aerodrome Licensing Procedures,(Oct. 5, 2018), http://dgca.nic.in/manuals/ProceMan_Aero.pdf.
19
Supra, note 9.
terminals in the nation subject to the consistence of tenets and controls issued by International
Civil Aviation Organization (ICAO).20

DGCA AND ATC

For better operations, it’s important to have an active interface between DGCA and ATC.
Currently, ATC operations are being provided by AAI and DGCA performs oversight
function. However, that is not sufficient and the Ministry is planning to do something about
it.

A new Directorate has been created within the office of Director General of Civil Aviation
with the name “Airspace and Air Traffic Management Directorate” which is aimed at dealing
with the issues related to airspace and air traffic management, licensing of air traffic
personnel, communication and navigations system certification and regulatory oversight on
the meteorological services. This Directorate will also carry out safety oversight function on
the services and facilities provided by AAI for the purpose of air space and air traffic
management to ensure that the ATC facilities are using state of-the-art technologies and
ATCs are manned by adequate staff. But the issue with this is that it needs more trained and
equipped manpower than what DGCA currently possess.

SURVEILLANCE OF AIRLINES AND APPROVED ORGANIZATIONS

In order to ensure that airlines are following proper operations, maintenance and inspection
procedures, officers of DGCA carry out surprise ‘Spot Checks’ without prior intimation
which are confined to limited area and planned comprehensive ‘Surveillance Checks’ with
prior intimation to the airlines and approved maintenance organizations. The deficiencies
noted during such inspections are brought to the notice of maintenance agencies for taking
corrective action in a time bound manner. For that purpose, DGCA has an effective planning
system with the name called Annual Surveillance Programme(ASP) wherein the surveillance
activities has been divided month-wise, operator-wise with dedicated aviation safety
inspectors. The surveillance programme includes maintenance organizations, flying training
institutes, licensed aerodromes, design organizations, manufacturing organizations, cabin
safety, dangerous goods, and AME training institutes etc. The ASP has been displayed on
DGCA website. Compliance of the published ASP is ensured through a regular monthly

20
Id.
monitoring and review system chaired by Director General and with participation of officers
of DGCA headquarters and regional offices.21

SURVEILLANCE OF FOREIGN AIRLINES (SOFA)

In order to abide by obligation with regard to surveillance of foreign airlines as given in

ICAO Annex 6, DGCA had set up a programme namely Surveillance of Foreign Airlines
(SOFA) in 2009. According to that programme, to begin with airlines of countries which
have a safety clause in the air services agreement have been brought under the programme.
The observations of these activities are intimated to the concerned State authorities. An
Aeronautical Information Circular (AIC) 5 of 2009 in this regard has been issued and the
surveillance programme has been placed on the DGCA’s website. Prior to initiating the
surveillance activity, DGCA conducted meeting with foreign airlines representatives
notifying the programme.22

INVESTIGATION OF AIR ACCIDENTS

It is mandated under ICAO that the purpose of investigation should be prevention of similar
accident in future.23 Indian regulations regarding aircraft accident investigation are laid down
in Aircraft Rules, 1937 and are in accordance with the ICAO standards. DGCA investigates
minor aircraft accidents. Committees constituted by Central Government or Formal
Investigation by Court investigate major accidents or accidents of public importance.

There are proposals made by different courts of order and those of the Committee set up by
the Government to investigate the working of the DGCA and in addition restructuring of the
DGCA to disassociate the Accident Investigation Agency, from the Regulatory system, isn't
dismissed and are still being taken into consideration. Accident Investigation Committee
ought to be as free and independent as the Regulatory body itself, on indistinguishable lines
from National Transport Safety Board in the US, or on the example of Commissioner of
Railway Safety, who, while exploring the railroad accidents enjoy complete autonomy.24

21
Director General of Civil Aviation, Surveillance Procedures Manual, (Oct. 3, 2018),
http://dgca.nic.in/manuals/Surveillance_Procedures_Manual.pdf.
22
Id.
23
Accident Investigation Section, (Oct. 5, 2018),
https://www.icao.int/safety/airnavigation/AIG/Pages/default.aspx.
24
Supra, 9.
The safety regulator will have an autonomous oversight capacity of all safety and security
related issues. All issues of Air Traffic Management which encroach on safety will get
covered under its jurisdiction. Reconnaissance and checking of airside will go under it25

It is also important to note that the issue of DGCA being a policy maker as well as a regulator
has been raised much in the past. The stance of the Ministry of Civil Aviation on this and to
which I concur is that the policy-making function is done only by the Ministry of Civil
Aviation. DGCA is only a regulatory body. But, the accident investigation functions of
DGCA could be carved out and entrusted to another agency if we were to stick to the position
that DGCA has to remain as a regulatory body.26

PROPOSED CIVIL AVIATION AUTHORITY

It goes without saying that DGCA should not only need to be strengthened and restructured
but should have sufficient administrative and financial flexibility including the operational
flexibility which is the policy followed by the International Civil Aviation Organization and
this mandate is given to all the member countries. However, according to the Ministry, the
DGCA has limited delegation of financial powers and is incapable of making adequate
structural changes to meet the demands of a dynamic civil aviation sector which has
necessitated its replacement with CAA that would have more administrative and financial
power to deal with the fast-changing aviation scenario. 27 It is evidenced by the fact that
DGCA depends on the ministry even for purchasing pen and paper.28

To this effect, a new bill had come up which proposed to create new Civil Aviation
Authority which will have financial flexibility and will raise its own revenues by way of
levies, fees and charges and will be retained in the Civil Aviation Authority Fund. It will pay
all the expenditure of its authority from its own fund and it will operate on a non-profit basis.
However, it has been ruled out by the present government. It was argued that there was no
need to change the name to CAA from DGCA as it does not serve any purpose. However, it

25
Id.
26
Id.
27
PTI, Bill to replace DGCA by the new aviation regulator, (Oct.4,
2018),https://www.thehindu.com/business/Industry/bill-to-replace-dgca-by-new-aviation-
regulator/article4577098.ece.
28
Tarun Shukla, For DGCA, Air Safety is just a piece of Study Material, (Oct. 3, 2018),
https://prime.economictimes.indiatimes.com/news/65024456/transportation/for-dgca-air-safety-is-just-a-piece-
of-study-material.
was acknowledged that there are certain opaqueness in which DGCA is operating and it is
promised that more transparency would come in the working of DGCA.29

What’s interesting to note is that nearly 71 lacs had been spent on a study to see the viability
of an independent aviation regulator which is free from the clutches of the ministry of
Aviation. But it was all in vain as the UPA-II was not able to pass the bill by the time its term
ended. It is my opinion that to follow the ICAO standards it’s important to have an
independent regulator and such derailing of the whole CAA by the BJP government is
disconcerting and uncalled for. The DGCA must follow the Defence Research Development
Organisation model wherein the board is autonomous and make their own decisions.30

CONCLUSION
DGCA is the regulatory body which regulates virtually all the tasks basic to aviation safety in
India. The functions undertaken by DGCA ranges from formulating standards and procedues,
leading examination, issuing licenses, giving endorsements/licenses to carriers, air terminal
operators, training institutions, air clubs, aircraft maintenance engineers, pilots, group
individuals, ATCs/ENS and ATM offices. Plus, it is likewise in charge of taking care of
legitimate/administrative issues. Coordination/supervision between various common aircraft
associations, national and worldwide, common and military air movement, and examination
of air accident are likewise in DGCA's command. Obviously, the measurements and many-
sided quality of these capacities have turned out to be tremendous today when the flying part
has developed by 160 percent. It is found by different advisory groups that the DGCA did
neither have the required powers - legal, administrative and financial, nor it has the adequate
manpower, infrastructure and resources for fulfilling its responsibilities adequately and
effectively.

DGCA has no statutory support and it was working as a limb of the Ministry. For everything
without exception required to be finished by the DGCA, it is dependent on the Ministry and
the Ministry typically take as much time as is needed in making a choice, for different
reasons. The Director-General Civil Aviation was extremely crippled because of restricted
authoritative and monetary powers especially in circumstances requiring dire consideration. T

29
PTI, Govt. Rules out proposal for Civil Aviation Authority to replace DGCA,(Oct. 2, 2018)
https://indianexpress.com/article/india/india-news-india/govt-rules-out-proposal-for-civil-aviation-authority-to-
replace-dgca-2845317/.
30
Id.
The Article, therefore, emphasizes the need for providing legal backup to the DGCA for
making it more effective and powerful.

It is additionally discovered that DGCA has lack of manpower which implied that a
substantial number of positions lying empty for quite a long time because of delayed system
or non-accessibility of suitable candidates. As a result, so many positions lapsed making
situation from bad to worse. Shortage of manpower also includes pilots, aircraft maintenance
engineers, air operation inspectors who play crucial role in oversight function of DGCA such
as granting of approvals/certificates NOCs/Iicences for various critical activities including
deciding airworthiness, maintenance/repair of aircrafts, standard of training institutes,
competence of trainees, skill of pilots, and so many others. How effectively DGCA was
satisfying these orders with a profoundly drained labor could be impossible to say? In such a
circumstance, examples of getting Pilots Licenses based on fake licenses ought not come as
shock to anyone.

The entire licensing system of DGCA needs to be streamlined and made transparent by
making it available in the public domain. The corruption of all forms should be eliminated
from the functioning of DGCA and its various offices. There should be a separate body either
a Directorate in DGCA or an outside agency for keeping strict vigil in this regard so that such
instances do not recur at all.

Therefore, for all these reasons, DGCA needs to be revamped. It should be given adequate
financial and administrative autonomy so that it can run independently of the Ministry. It is
the belief of the researcher that only when it is free from the clutches of the Ministry can the
mis-happenings and opaque transactions could be prevented.