Internet Shutdowns
Legal Framework and the Anuradha Bhasin Judgment
Prior to the Telecommunications Act 2023, internet shutdowns were governed by the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 (framed under the Indian Telegraph Act 1885). These rules:
- Required a Secretary-level officer (Central or State government) to issue shutdown orders.
- Mandated a Review Committee to evaluate orders within 5 working days.
- Required the Review Committee to meet every 15 working days.
Anuradha Bhasin v. Union of India (2020): In this landmark judgment, a three-judge bench of the Supreme Court (decided 10 January 2020) addressed the internet shutdown imposed in J&K from 4 August 2019:
- Held: Internet access constitutes a protected medium for exercise of freedom of speech and expression under Article 19(1)(a) and freedom of trade and occupation under Article 19(1)(g).
- Proportionality test: Any suspension order must satisfy the tests of necessity and proportionality. Indefinite shutdowns are per se impermissible.
- Transparency requirement: All shutdown orders must be published so that affected persons can challenge them.
- Temporal limitation: Orders cannot be indefinite; periodic review is mandatory.
- 2017 Rules: Suspension orders must be in writing, reviewed every 15 working days.
- Anuradha Bhasin (2020): Internet = medium for fundamental rights; indefinite bans illegal; proportionality mandatory.
- J&K has historically accounted for a disproportionate share of India's internet shutdown incidents (recorded by SFLC.in and Access Now).
- Telecom Act 2023, Section 20: Carries forward these powers without adding independent judicial oversight.
● Tracked since April 07, 2026 · last seen May 10, 2026 · updates as the daily brief publishes
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