Anuradha Bhasin v Union of India
Case Brief: Anuradha Bhasin v. Union of India (2020) 10 SCC 1
1. Facts
The case arose from the prolonged internet shutdown in Jammu & Kashmir after the abrogation of Article 370 in August 2019.
Anuradha Bhasin, a journalist, challenged the restrictions on internet access and communication imposed by the government.
The petition argued that the shutdown violated fundamental rights guaranteed under Articles 19(1)(a) and 21 of the Constitution — freedom of speech and expression, and the right to life.
The government defended the shutdown citing security concerns and public order under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
2. Legal Issues
Whether a prolonged internet shutdown violates the fundamental rights of citizens.
The scope of restrictions on freedom of speech and expression under Article 19(2).
The procedural safeguards and judicial review over internet suspensions under the Telecom Suspension Rules.
3. Supreme Court’s Decision
The Supreme Court held that freedom of speech and expression includes the right to access the internet.
The Court observed that internet shutdowns affect access to information, education, health, and livelihood, impacting the right to life under Article 21.
The Court ruled:
Internet restrictions must be based on law, necessary, proportionate, and temporary.
Blanket or indefinite shutdowns are impermissible.
The government must provide detailed reasons for internet suspension and ensure periodic review.
The affected persons have the right to approach courts for remedy.
The Court recognized the importance of digital communication in modern life.
It directed the government to ensure minimum internet connectivity for essential services.
4. Significance
Landmark ruling affirming internet access as part of freedom of expression and right to life.
Set important standards for judicial oversight on internet shutdowns.
Strengthened accountability and transparency for executive actions restricting digital rights.
Influenced how governments across India and globally approach internet restrictions.
5. Related Case Laws
Justice K.S. Puttaswamy v. Union of India (2017) — Right to privacy and digital rights.
Shreya Singhal v. Union of India (2015) — online free speech.
Romesh Thappar v. State of Madras (1950) — freedom of speech jurisprudence.
6. Summary Table
| Aspect | Details |
|---|---|
| Case | Anuradha Bhasin v. Union of India (2020) |
| Court | Supreme Court of India |
| Legal Issue | Legality and scope of internet shutdowns; freedom of speech and expression |
| Decision | Internet access is a fundamental right; shutdowns must be lawful, necessary, proportionate, and temporary |
| Significance | Affirmed digital rights; judicial review on internet restrictions |
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