Internet Shutdowns in India: Legal Framework, Rights & Supreme Court

Subject: GS 2: Polity & Governance

Context: The Union Ministry of Home Affairs temporarily suspended mobile Internet services in parts of Central Delhi during the ‘Chalo Sansad’ protest organised by the Cockroach Janta Party (CJP), citing public order and safety concerns. 

• The move has reignited debate over the legality, necessity, and proportionality of Internet shutdowns in India.

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What is an Internet Shutdown?

• An Internet shutdown is the intentional disruption or suspension of Internet or electronic communication services by the government, making them inaccessible or effectively unusable for a specific population or geographical area for a limited period. Forms include:
  • Complete network shutdowns
  • Throttling (slowing speeds)
  • Platform-specific blocking

Legal Framework Governing Internet Shutdowns

• Telecommunications Act, 2023: The legal framework governing Internet shutdowns is now provided under Section 20(2)(b) of the Telecommunications Act, 2023.

• The Act provides that:
  • Telecommunication services may be suspended only upon the occurrence of a public emergency or in the interest of public safety.
  • A protest, by itself, does not constitute a valid legal ground for suspending Internet services. Every suspension order must:
    • Record reasons in writing.
    • Be issued by the competent authority.
    • Be confined to the minimum geographical area and duration necessary.
    • Be published to ensure transparency and accountability.
• Telecommunications (Temporary Suspension of Services) Rules, 2024: 
  • Rule 3(2) — mandates publication of suspension orders with date, time, duration, and specific area of suspension.
  • The publication of such Internet suspension orders is necessary and mandatory for ensuring transparency, accountability and proportionality, as required by Rule 3(2) of the Telecommunications (Temporary Suspension of Services) Rules, 2024,

Judicial Safeguards

• Anuradha Bhasin v. Union of India (2020): The Supreme Court laid down the constitutional principles governing Internet shutdowns.
  • The Court held that:
  • Access to the Internet is integral to the exercise of the Fundamental Rights guaranteed under Articles 19(1)(a) and 19(1)(g).
  • Internet shutdowns cannot be imposed indefinitely.
  • Every shutdown must satisfy the constitutional tests of:
    • Legality
    • Legitimate objective
    • Necessity
    • Proportionality
• Faheema Shirin v. State of Kerala (2019): The Kerala High Court held that access to the Internet forms part of the Right to Education and the Right to Privacy under Article 21, thereby recognising its growing significance in the exercise of constitutional freedoms.

Can Internet Services be Suspended During a Protest?

• The law does not permit the suspension of Internet services merely because a protest is taking place.
• The government must establish that:
  • A public emergency exists or public safety is genuinely threatened.
  • The shutdown is necessary to achieve a legitimate objective.
  • The restriction is proportionate to the threat involved.
  • No less restrictive alternative is available.
• Accordingly, every Internet shutdown during a protest is subject to judicial review on the touchstones of legality, necessity, proportionality, and procedural fairness.

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Can Internet Shutdown Orders be Challenged?

• Yes. Any affected individual may challenge an Internet shutdown:
  • Before the High Court under Article 226, or
  • Before the Supreme Court under Article 32, where a Fundamental Right is directly violated.

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