“The power to impose Internet shutdowns must be exercised with caution, as it directly impacts the fundamental right to freedom of speech and expression”. Comment.
Kartavya Desk Staff
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q4. “The power to impose Internet shutdowns must be exercised with caution, as it directly impacts the fundamental right to freedom of speech and expression”. Comment. (10 M)
Difficulty Level: Easy
Reference: TH
Why the Question A report by the web rights advocacy, Access Now, shows that India continues to lead globally in the number of government-ordered Internet shutdowns. Key Demand of the Question The question requires analyzing how Internet shutdowns affect freedom of speech and expression, their legal and constitutional safeguards, and concerns over their misuse. It also demands a critical perspective on the need for regulation and judicial oversight. Structure of the Answer Introduction Briefly highlight how Internet shutdowns are increasingly used in India and their implications on fundamental rights. Mention the Anuradha Bhasin judgment (2020), which laid down safeguards for Internet restrictions. Body Impact of Internet shutdowns on fundamental rights – Explain how shutdowns restrict freedom of speech (Article 19(1)(a)), disrupt trade and profession (Article 19(1)(g)), and affect education, health, and access to information. Legal and constitutional safeguards – Discuss Supreme Court guidelines in Anuradha Bhasin (2020), Telecom Suspension Rules, 2024, and India’s commitments under ICCPR and UN norms. Concerns over misuse and need for regulation – Highlight issues of transparency, disproportionate use for non-security reasons, and lack of accountability in state-imposed shutdowns. Conclusion Suggest the need for judicial oversight, stricter compliance with SC guidelines, and a balanced approach to ensure Internet shutdowns do not become a tool for arbitrary governance.
Why the Question
A report by the web rights advocacy, Access Now, shows that India continues to lead globally in the number of government-ordered Internet shutdowns.
Key Demand of the Question
The question requires analyzing how Internet shutdowns affect freedom of speech and expression, their legal and constitutional safeguards, and concerns over their misuse. It also demands a critical perspective on the need for regulation and judicial oversight.
Structure of the Answer
Introduction Briefly highlight how Internet shutdowns are increasingly used in India and their implications on fundamental rights. Mention the Anuradha Bhasin judgment (2020), which laid down safeguards for Internet restrictions.
• Impact of Internet shutdowns on fundamental rights – Explain how shutdowns restrict freedom of speech (Article 19(1)(a)), disrupt trade and profession (Article 19(1)(g)), and affect education, health, and access to information.
• Legal and constitutional safeguards – Discuss Supreme Court guidelines in Anuradha Bhasin (2020), Telecom Suspension Rules, 2024, and India’s commitments under ICCPR and UN norms.
• Concerns over misuse and need for regulation – Highlight issues of transparency, disproportionate use for non-security reasons, and lack of accountability in state-imposed shutdowns.
Conclusion Suggest the need for judicial oversight, stricter compliance with SC guidelines, and a balanced approach to ensure Internet shutdowns do not become a tool for arbitrary governance.