The Right To Internet Access As A Fundamental Right In India: A Post-Anuradha Bhasin Analysis
- IJLLR Journal
- May 8
- 1 min read
Ankit Singh, LLM, HNBGU - A Central University (UK)
ABSTRACT
The recognition of internet access as a fundamental right in India represents a critical juncture in constitutional jurisprudence, bridging digital inclusion with civil liberties. This article examines the landmark Anuradha Bhasin v. Union of India (2020) judgment, which affirmed internet access as a conduit for exercising freedoms of speech, trade, and education under Articles 19(1)(a) and 19(1)(g) of the Indian Constitution. While the ruling established proportionality standards for state-imposed internet shutdowns, persistent gaps in legislative frameworks and inconsistent enforcement reveal enduring tensions between national security imperatives and individual rights. The analysis traces the constitutional evolution of this right through precedents such as Faheema Shirin v. State of Kerala (2019) and Justice K.S. Puttaswamy v. Union of India (2017), while critiquing the Temporary Suspension of Telecom Services Rules (2017) for enabling arbitrary disruptions. Post-Anuradha Bhasin challenges, including throttled 2G services in Jammu and Kashmir and shutdowns during the 2021 farmers’ protests, underscore systemic flaws in safeguarding digital access. Comparative insights from global jurisdictions-such as Finland’s statutory broadband rights and Costa Rica’s judicial recognition of internet access as essential to education-highlight India’s lag in codifying robust protections. The article argues for a constitutional amendment under Article 21F to enshrine internet access as an independent fundamental right, coupled with revised shutdown protocols mandating judicial oversight and time-bound restrictions. By synthesizing socioeconomic imperatives, judicial activism, and legislative inertia, this study contributes to evolving debates on digital equity and positions India’s jurisprudence within broader discourses on technological constitutionalism.
Keywords: Internet, Fundamental Right, Constitution, Jurisprudence
