Constitutionality Of Internet Shutdowns In India: A Democratic Dilemma
- IJLLR Journal
- May 9
- 1 min read
Rama Dutt, Harlal School of Law, Greater Noida
ABSTRACT
The internet has emerged as a vital platform for communication, education, commerce, and democratic participation. In recent years, India has witnessed a surge in internet shutdowns, often justified on grounds of public safety or law and order. These shutdowns are frequently imposed under the Indian Telegraph Act, 1885 and now, through Section 162 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replacing the colonial-era Section 144 CrPC. This article critically examines the constitutional validity of such internet restrictions in light of fundamental rights guaranteed under Articles 19 and 21 of the Indian Constitution.
The paper analyses landmark judgments, particularly Anuradha Bhasin v. Union of India, which laid down the principle of proportionality and emphasized the need for judicial scrutiny of shutdowns. Despite these safeguards, executive authorities continue to wield broad discretionary powers, often without transparency or post-facto accountability. The study further adopts a comparative lens by assessing international approaches, particularly in the United States, United Kingdom, and the European Union, to highlight the absence of robust digital rights protections in India.
The article concludes that while national security is paramount, excessive and unchecked use of internet shutdowns undermines democratic values, disrupts economic activity, and infringes on civil liberties. It recommends urgent legislative reforms to ensure that restrictions on internet access meet constitutional standards of necessity, proportionality, and transparency.
Keywords: Internet Shutdowns, BNSS 2023, Freedom of Speech, Constitutional Law, Digital Rights.
