UPSC Notes

Internet Shutdowns and Fundamental Rights

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

This concept tests understanding of the delicate balance between state security/public order and individual liberties in a digital age, the interpretation of fundamental rights by the judiciary, and the legal frameworks governing emergency powers. It also highlights governance challenges related to technology and dissent.

The right to freedom of speech and expression, enshrined under Article 19(1)(a) of the Indian Constitution, includes the right to disseminate and receive information, which extends to access to the internet. However, this right is not absolute and can be subject to reasonable restrictions under Article 19(2) in the interest of public order, security of the state, etc.

Phase IIStatic core

Facts & tables

Key facts

Legal Basis

Primarily imposed under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, or Section 144 CrPC.

Supreme Court Ruling

In Anuradha Bhasin v. Union of India (2020), the Supreme Court ruled that indefinite internet shutdowns are illegal, subject to judicial review, and require publication of orders.

Impacted Rights

Directly impacts fundamental rights such as freedom of speech and expression (Article 19(1)(a)) and the right to practice any profession or carry on any occupation, trade or business (Article 19(1)(g)).

Global Context

India has frequently topped global lists for the highest number of internet shutdowns annually.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaInterprets and reviews legality of shutdowns
Ministry of Home AffairsIssues guidelines and orders for shutdowns
State GovernmentsOrder and implement shutdowns
Telecom Service ProvidersImplement shutdown orders
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Multi-statement analysis

Prelims angle: Conceptual understanding

Quick revision

  • Internet shutdowns restrict fundamental rights (Art 19(1)(a), 19(1)(g)).
  • Governed by Temporary Suspension of Telecom Services Rules, 2017.
  • SC in Anuradha Bhasin case mandated judicial review and publication of orders.
  • Balance between public order and individual liberties.
  • India leads globally in number of shutdowns.

Elimination traps

Constitutional vs statutoryDistinguish between fundamental rights (constitutional) and the rules governing shutdowns (statutory).

Check if created by Constitution or by Parliament.

High-confidence PYQs

Topic timeline

Indian Polity & Governance

Delhi Internet shutdown during CJP protest: Where does the law stand? | Explained

22 Jul 2026 · Internet shutdowns are state-imposed restrictions on digital communication, primarily justified by public order concerns. They raise significant questions about fundamental rights, particularly freedom of speech and access to information, and are governed by specific legal rules and judicial oversight.

Read article

Related topics

Current topic

Internet Shutdowns and Fundamental Rights

Practice writing on this topic

UPSC has asked 8 linked questions on Internet Shutdowns and Fundamental Rights in Mains. Write an answer to one — and get it evaluated.