Internet Shutdowns and Fundamental Rights
Indian Polity & Governance
- PYQs8
- Articles1
Background
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.
Facts & tables
- 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.
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets and reviews legality of shutdowns |
| Ministry of Home Affairs | Issues guidelines and orders for shutdowns |
| State Governments | Order and implement shutdowns |
| Telecom Service Providers | Implement shutdown orders |
Prelims angle
Prelims angle: Multi-statement analysis
Prelims angle: Conceptual understanding
- 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.
Check if created by Constitution or by Parliament.
| Year | Framing tags |
|---|---|
| 2026 | Conceptual understanding, Terminology-based question |
| 2024 | Factual recall, Conceptual understanding |
| 2023 | Factual recall, Conceptual understanding |
| 2021 | Multi-statement analysis, Conceptual understanding |
| 2021 | Conceptual understanding, Factual recall |
| 2020 | Factual recall, Conceptual understanding |
| 2019 | Factual recall, Conceptual understanding |
| 2018 | Conceptual understanding, Factual recall |
Timeline
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Indian Polity & Governance
Conceptual area
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Prelims 2018
Conceptual understanding, Factual recall
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Prelims 2019
Factual recall, Conceptual understanding
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Prelims 2020
Factual recall, Conceptual understanding
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Prelims 2021
Multi-statement analysis, Conceptual understanding
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Prelims 2021
Conceptual understanding, Factual recall
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Prelims 2023
Factual recall, Conceptual understanding
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Prelims 2024
Factual recall, Conceptual understanding
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Prelims 2026
Conceptual understanding, Terminology-based question
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Delhi Internet shutdown during CJP protest: Where does the law stand? | Explained
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.
See also
No related topics linked yet.
Past papers
2018–2026 · 8 questions
In the news
Delhi Internet shutdown during CJP protest: Where does the law stand? | Explained
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.
Try these PYQs
Consider the following statements:
1. ‘Right to the City’ is an agreed human right and the UN-Habitat monitors the commitments made by each country in this regard.
2. ‘Right to the City’ gives every occupant of the city the right to reclaim public spaces and public participation in the city.
3. ‘Right to the City’ means that the State cannot deny any public service or facility to the unauthorized colonies in the city.
Which of the statements given above is/are correct:
Statement 1 is incorrect. The “Right to the City” is not a formally agreed universal human right in international law. It is a normative and political concept. UN-Habitat uses the idea in the New Urban Agenda, but: it does not legally monitor binding national commitments. Statement 2 is correct. The Right to the City is the right of all inhabitants (present and future, permanent and temporary) to inhabit, use, occupy, produce, transform, govern, and enjoy cities, towns, and human settlements that are just, inclusive, safe, sustainable and democratic, defined as common goods for enjoying life with dignity and peace. The right to the city further implies responsibilities on governments and people to claim, defend, and promote this right. Statement 3 is correct. “Right to the City” is interpreted as an inclusive urban citizenship right. The concept says that all city dwellers, including: migrants, slum dwellers, residents of unauthorized colonies, have a claim to urban services and dignity. It views residents not as “encroachers” but as rights-bearing urban citizens who contribute to the city economy. Hence: denial of water, sanitation, waste management, etc. merely because a settlement is “unauthorized” is seen as violating the spirit of Right to the City. Indian courts have also held that basic services cannot be denied even to illegal settlements, as they are part of Article 21 – Right to Life. Note: UPSC usually takes welfare centric approach in questions.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.
‘Right to privacy’ is protected under which Article of the Constitution of India?
The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21. This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.
Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Article 21: This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court of India has expanded the scope of personal liberty to include various fundamental rights, including the right to marry a person of one's choice. Shamima Begum vs. State of Assam (2018): The court ruled that a woman has the right to marry a person of her choice, reinforcing that personal decisions related to marriage fall under individual autonomy and personal liberty as guaranteed by Article 21. Hadiya's case (Shafin Jahan vs. Asokan K.M): The Supreme Court upheld the right to marry as a fundamental right under Article 21. It ruled that an adult woman is free to make decisions regarding her marriage, rejecting attempts to interfere in personal choices. The court emphasized that state or societal disapproval cannot restrict an individual’s right to marry.
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Right to Privacy and Article 21: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. In the landmark 2017 judgment of K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India unanimously held that the right to privacy is an intrinsic part of Article 21. This ruling reinforced privacy as a fundamental right, ensuring protection against unwarranted state and private intrusions. Part III of the Constitution covers Fundamental Rights, which include: - Article 19: Right to freedom of speech and expression, freedom of movement, and other essential liberties. - Article 21: Right to life and personal liberty, which now includes privacy after the Puttaswamy judgment. Article 14: Ensures equality before the law, but does not explicitly deal with privacy. Article 17: Abolishes untouchability. Directive Principles of State Policy (DPSPs) are non-enforceable guidelines, not fundamental rights. Article 24: Prohibits child labor but has no relation to privacy. Thus, the right to privacy is most closely linked to Article 21 and the freedoms guaranteed in Part III of the Indian Constitution. Hence the correct answer is option (c).
Show 3 more PYQs
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.
Which one of the following categories of Fundamental Rights/incorporates protection against untouchability as a form of discrimination?
Untouchability is a form of discrimination that violates the principle of equality among citizens, regardless of caste. To uphold this principle, Article 17 of the Constitution explicitly abolishes untouchability, making it one of the five rights under the broader Right to Equality (Articles 14-18). Therefore, the correct answer is option D.
X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India. 'X' explained that the meaning of the term 'law' in the Constitution of India was very comprehensive. It included ordinances, orders and even rules and regulations. 'Y' pointed out that the term 'law' in Article 13 also included custom or usage having in the territory of India the force of law, to which 'X' was not convinced.
Based on the above, select the correct conclusion from the options given below :
Article 13 of the Indian Constitution provides for the protection of Fundamental Rights and declares that any law inconsistent with or in derogation of Part III of the Constitution shall be void to the extent of the inconsistency. To prevent the State from bypassing Fundamental Rights through executive or traditional means, Article 13(3)(a) provides a highly expansive definition of the term "law". It explicitly states that "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law. Therefore, the view of 'Y' that the term 'law' includes custom or usage is absolutely correct. Because "custom or usage" is expressly listed in the constitutional text, uncodified traditional practices that hold the force of law are subject to the exact same constitutional scrutiny as formal legislative statutes. 'X' is incorrect in doubting or rejecting the inclusion of custom or usage within the definition of law under Article 13. Thus, regarding the point of contention, only the view of 'Y' is correct. Therefore, the correct option is D.