Important for UPSC prelims – Indian Polity
Introduction
In August 2019, following the abrogation of Article 370 in Jammu & Kashmir, the government imposed severe restrictions on movement under Section 144 CrPC and suspended telecom and internet services. Anuradha Bhasin (Executive Editor of Kashmir Times) challenged these indefinite communication blackouts, arguing they crippled press freedom and citizens’ fundamental rights.
Key Takeaways
A. Constitutional Rights & Articles Involved
- Article 19(1)(a) (Freedom of Speech & Expression): The Supreme Court ruled that expressing views using the medium of the internet is constitutionally protected.
- Article 19(1)(g) (Freedom of Trade & Commerce): The right to carry out trade or business over the internet is also protected.
- Crucial Distinction: The Court did not declare access to the internet as an independent Fundamental Right in itself, but recognized it as an essential enabler to exercise Article 19 rights.
- Subject to Reasonable Restrictions: Any restriction on internet services must satisfy the test of reasonableness under Article 19(2) and Article 19(6).
B. Legal Doctrines & Guidelines Established
| Key Concept | SC Observation / Ruling |
| Doctrine of Proportionality | Restrictions must pass a 4-prong test: legitimate goal, rational nexus, least restrictive measure, and non-disproportionate impact. |
| Indefinite Bans are Unconstitutional | Telecom/internet suspensions cannot be indefinite; they must be temporary and reviewed periodically. |
| Mandatory Publication of Orders | All administrative orders imposing restrictions must be published publicly to enable citizens to challenge them in court (upholding natural justice and Rule of Law). |
| Use of Section 144 CrPC | Section 144 cannot be used as a tool to suppress legitimate dissent or democratic rights. Repetitive orders without material facts constitute an abuse of power. |
C. Statutory Framework
- Internet suspensions must strictly comply with procedural safeguards under the Temporary Suspension of Telecom Services Rules (originally framed in 2017 under the Indian Telegraph Act, 1885; now updated under the Telecommunications Act, 2023).
- Suspension orders are subject to mandatory periodic review by an executive Review Committee.
Conclusion
The Anuradha Bhasin (2020) judgment is a cornerstone of digital constitutionalism in India. For UPSC Prelims, remember that it established internet-based speech and trade under Article 19, declared indefinite blackouts illegal, mandated the Test of Proportionality, and enforced the public disclosure of executive orders.
| This CTC has elaborately described in the article Internet Shutdowns in India: Legal Framework, constitutional Safeguards and Governance Challenges |