Anuradha Bhasin Case (2020)

Supreme Court Judgement:

• Constitutional Protection of Internet Freedoms: The court affirmed that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business, or occupation over the internet are protected under Article 19(1)(a) and Article 19(1)(g) of the Constitution.

• Restrictions in Accordance with Article 19: Any restriction on these fundamental rights must align with the provisions of Article 19(2) and (6), including the test of proportionality.

• Limits on Internet Suspension: The court ruled that an order suspending internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Suspension should only be temporary in nature.

• Principle of Proportionality: Any order suspending internet services under the Suspension Rules must adhere to the principle of proportionality and should not extend beyond the necessary duration.

Impact of the Judgement:

• Emergence of Internet Access as a Fundamental Right: The judgement recognized the right to access information via the internet as a fundamental right under the constitution, affirming the significance of internet freedoms.

• Government's Authority to Shutdown Internet: While acknowledging the right to internet access, the judgement also upheld the government's authority to shut down the internet under certain circumstances, provided it adheres to the principle of proportionality.

• Potential Conflicts: These two positions may create conflicts in the provision of internet services in the country, as the government's actions to suspend internet services may be scrutinized against the backdrop of fundamental rights.