Note4Students
From UPSC perspective, the following things are important :
Prelims level: Various laws, judgments mentioned
Mains level: Internet Shut-downs
Introduction
- The Union government invoked its authority under a colonial-era Temporary Suspension of Telecom Services Rules, 2017 to suspend mobile Internet in select districts of Punjab during Farm Protests 2.0.
Mechanisms allowing Internet Shut-downs
| Authorities | Purpose | |
| Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 | Home Departments in the states, state government review committee, central government (under this law, but rarely used) | Enforces shutdowns for public emergency or safety reasons. |
| Section 144 of the CrPC | Local law enforcement authorities | Enables shutdowns, particularly before 2017, to maintain public order and safety. |
| The Indian Telegraph Act, 1885, Section 5(2) | Home Secretary of the Union or state governments | Allows blocking of messaging during a public emergency, safeguarding public safety, or protecting sovereignty and integrity. |
Constitutional Provisions for Right to Internet
| Constitutional Provision | Explanation | |
| Anuradha Bhasin vs. Union of India and Ors. (2020) | Right to Freedom of Speech and Expression under Article 19(1)(a) | Grants the right to freedom of speech and expression, which encompasses access to information and the Internet. |
| Faheema Shirin RK vs. State of Kerala and others (2019) | Right to Education under Article 21A | Guarantees the right to education for children aged 6 to 14;
Internet access is crucial for modern education. |
| K.S. Puttaswamy (Privacy) vs. Union of India (2017) | Right to Privacy under Article 21 | Protects the fundamental right to privacy, and Internet access is often used for secure communication. |
| Anuradha Bhasin vs. Union of India and Ors. | Freedom to Practice Any Profession or Carry on Any Trade, Business, or Occupation under Article 19(1)(g) | Ensures the freedom to conduct various trades, businesses, and professions, often requiring Internet access. |
Landmark Precedence: Anuradha Bhasin Judgment (2020)
- Supreme Court’s Ruling: In January 2020, the Supreme Court of India recognized access to the Internet as a fundamental right under the Indian Constitution.
- Restrictions Guidelines: The Court mandated that any government-imposed Internet restrictions must be temporary, limited, lawful, necessary, and proportionate. It also emphasized judicial review.
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