INTERNET AS BASIC RIGHT

Why in news?

Recently, Supreme Court has delivered verdict on
a bunch of petitions challenging the restrictions
imposed on internet services and movement of
people in Jammu and Kashmir.
Provisions for Internet shutdowns in India

• Suspension of Internet services are dealt with
under the Information Technology Act, 2000,
the Criminal Procedure Code (CrPC), 1973 and
the Telegraph Act, 1885. Supreme Court’s observation

• On Internet shutdown

Freedom of speech and expression
through the medium of internet is a
fundamental right under Article 19(1)(a)
of the Constitution.

 The restrictions on internet have to follow
the principles of proportionality under
Article 19(2).

✓ The doctrine essentially signifies that
the punishment should not be
disproportionate to the offence
committed or the nature and extent
of the State’s interference with the
exercise of a right must be
proportionate to the goal it seeks to
achieve.

Freedom of trade and commerce through
internet is also a constitutionally
protected right under Article 19(1)(g).

Suspension of internet for indefinite
period not permissible. 

• On Section 144 of CrPC:

When Sec 144 is imposed for reasons of
apprehended danger, that danger must
be an “emergency”.

Powers under Sec 144 should be
exercised in a reasonable and bona fide
manner, and the order must state
material facts in order to enable judicial
review

Section 144 CrPC

• Powers under the law: 
o It is a colonial era law that empowers a 
district magistrate, a sub-divisional 
magistrate or any other executive magistrate
empowered by the state government to issue 
orders to prevent and address urgent cases of 
apprehended danger or nuisance.
o This usually includes restrictions on 
movement, carrying arms and from 
assembling unlawfully. It is generally believed 
that assembly of three or more people is 
prohibited under Section 144. However, it can 
be used to restrict even a single individual.

• Duration of the order: Order passed under Section 
144 cannot remain in force for more than two 
months from the date of the order, unless the 
state government considers it necessary. Even 
then, the total period cannot extend to more than 
six months.

Temporary Suspension of Telecom Services (Public 
Emergency or Public Service) Rules, 2017 (Suspension 
Rules)

• These Rules were framed by Ministry of
Communications under the Indian Telegraph Act,
which talks about interception of messages in the
“interests of the sovereignty and integrity of
India”.
• It empowers the government to block
transmission of messages in case of a public
emergency or for public safety in any part of the
country.
• Any order suspending internet under the Rules,
can be only for a temporary duration and not for
an indefinite period.
Other judgements on Internet as right

• In Faheema Shirin v. State of Kerala, the Kerala
High Court declared the right to Internet access as
a fundamental right, forming part of right to
privacy under Article 21 of the Constitution of

India.

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