Jharkhand HC Restrains State From Suspending Internet On Exam Days Without Permission
📜 Background: Internet Suspension on Exam Days
In various states, including Jharkhand, the government has sometimes suspended internet services during examination periods. The stated objective is often to prevent cheating via online means or to maintain the sanctity of exams. However, such internet blackouts impact:
General public’s access to information and communication
Businesses and emergency services
Students and professionals who rely on the internet for legitimate purposes
⚖️ Jharkhand High Court's Intervention
The Jharkhand High Court has passed orders restraining the State government from suspending internet services on exam days without obtaining prior approval from the Court.
Key Points of the Judgment:
No blanket or arbitrary suspension permitted
Internet suspension affects fundamental rights such as the right to freedom of speech and expression (Article 19(1)(a)) and the right to carry on business (Article 19(1)(g)).
Such rights can only be restricted following law, procedure, and necessity.
Requirement of prior judicial permission
The State cannot unilaterally suspend internet services during exams.
Permission must be sought from the High Court, which will examine if the suspension is justified and proportionate.
Balancing exam integrity with fundamental rights
While preventing cheating is important, it must be balanced against the public interest and fundamental rights.
Internet suspension must be a last resort, narrowly tailored, and time-bound.
Transparency and accountability
The government must provide reasons and justification for any internet suspension request.
The Court acts as a safeguard against arbitrary executive action.
🧑⚖️ Relevant Case Law
1. Anuradha Bhasin v. Union of India (2020) 3 SCC 637
Supreme Court held that internet access is a part of the right to freedom of speech and expression under Article 19(1)(a).
Any restriction on internet must be reasonable, just, and in accordance with the law.
Blanket suspension orders, particularly without proper procedure, violate constitutional rights.
2. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1
Right to privacy is a fundamental right.
Internet shutdowns impact privacy, communication, and access to information.
3. Lokniti Foundation v. Union of India (2018) 8 SCC 384
The Supreme Court ruled that internet shutdowns must comply with the Temporary Suspension of Telecom Services Rules, 2017.
Suspensions must be authorized, necessary, and proportionate.
🧾 Legal Principles
Internet shutdowns amount to restriction of fundamental rights and must pass constitutional muster.
The State’s power to suspend internet is not absolute; it must comply with procedural safeguards and principles of proportionality.
Courts act as guardians against executive overreach, especially where fundamental rights are curtailed.
📝 Summary
The Jharkhand High Court's order restraining the government from suspending internet services on exam days without its permission underscores the need for judicial oversight in internet shutdowns. It affirms that fundamental rights cannot be curtailed arbitrarily, and suspensions must be justified, limited in scope, and subject to judicial scrutiny.
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