The ruling established that any suspension of internet services must be reasonable, proportionate, and accompanied by a written order specifying the reasons, duration, and responsible authorities. The judgment has influenced policy and administrative practices, promoting a balanced approach to internet governance and reinforcing the protection of fundamental rights in the digital era.
2020/INSC/31, MANU/SC/0022/2020
Art 19, Constitution, Freedom of Speech and Expression, Fundamental Rights
None
Facts
The Constitutional Order was issued by the President, applying all provisions of the Constitution of India to the State of Jammu and Kashmir. In light of the prevailing circumstances, on the same day, the District Magistrates, apprehending breach of peace and tranquility, imposed restrictions on movement and public gatherings by virtue of powers vested under Section 144, Code of Criminal Procedure (CrPC), 1973. Due to the said restrictions, the Petitioner claims that the movement of journalists was severely restricted. Aggrieved by the same, the Petitioners filed petition seeking issuance of an appropriate writ for setting aside or quashing any and all orders, notifications, directions and/or circulars issued by the Respondents under which any/all modes of communication including internet, mobile and fixed line telecommunication services have been shut down or suspended or in any way made inaccessible or unavailable in any locality.
Further, the Petitioners sought the issuance of an appropriate writ or direction directing Respondents to immediately restore all modes of communication including mobile, internet and landline services throughout Jammu and Kashmir in order to provide an enabling environment for the media to practice its profession.
Legal Issue
Whether freedom of speech and expression and freedom to practice any profession, or to carry on any occupation, trade or business over Internet was part of fundamental rights and imposition of restrictions under Section 144 of CrPC, 1976 were valid?
Holding
The internet is also a very important tool for trade and commerce. The globalization of the Indian economy and the rapid advances in information and technology have opened up vast business avenues and transformed India as a global IT hub. There was no doubt that there are certain trades which are completely dependent on the internet. Such a right of trade through internet also fosters consumerism and availability of choice. Therefore, the freedom of trade and commerce through the medium of the internet is also constitutionally protected under Article 19(1)(g) of Constitution of India, subject to the restrictions provided under Article 19(6) of Constitution of India.
Final Decision Disposed Off
Ratio
The ruling established that any suspension of internet services must be reasonable, proportionate, and accompanied by a written order specifying the reasons, duration, and responsible authorities. The judgment has influenced policy and administrative practices, promoting a balanced approach to internet governance and reinforcing the protection of fundamental rights in the digital era.
Facts
The Constitutional Order was issued by the President, applying all provisions of the Constitution of India to the State of Jammu and Kashmir. In light of the prevailing circumstances, on the same day, the District Magistrates, apprehending breach of peace and tranquility, imposed restrictions on movement and public gatherings by virtue of powers vested under Section 144, Code of Criminal Procedure (CrPC), 1973. Due to the said restrictions, the Petitioner claims that the movement of journalists was severely restricted. Aggrieved by the same, the Petitioners filed petition seeking issuance of an appropriate writ for setting aside or quashing any and all orders, notifications, directions and/or circulars issued by the Respondents under which any/all modes of communication including internet, mobile and fixed line telecommunication services have been shut down or suspended or in any way made inaccessible or unavailable in any locality.
Further, the Petitioners sought the issuance of an appropriate writ or direction directing Respondents to immediately restore all modes of communication including mobile, internet and landline services throughout Jammu and Kashmir in order to provide an enabling environment for the media to practice its profession.
Legal Issue
Whether freedom of speech and expression and freedom to practice any profession, or to carry on any occupation, trade or business over Internet was part of fundamental rights and imposition of restrictions under Section 144 of CrPC, 1976 were valid?
Holding
The internet is also a very important tool for trade and commerce. The globalization of the Indian economy and the rapid advances in information and technology have opened up vast business avenues and transformed India as a global IT hub. There was no doubt that there are certain trades which are completely dependent on the internet. Such a right of trade through internet also fosters consumerism and availability of choice. Therefore, the freedom of trade and commerce through the medium of the internet is also constitutionally protected under Article 19(1)(g) of Constitution of India, subject to the restrictions provided under Article 19(6) of Constitution of India.
Final Decision Disposed Off
Ratio
The ruling established that any suspension of internet services must be reasonable, proportionate, and accompanied by a written order specifying the reasons, duration, and responsible authorities. The judgment has influenced policy and administrative practices, promoting a balanced approach to internet governance and reinforcing the protection of fundamental rights in the digital era.