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Relevance: GS-II (Fundamental Rights, Governance); GS-III (Cyber Security, Tech in Governance) Source: Legal Framework / Supreme Court Judgments, 2026

1 · What is the news?

Recently, thousands of youth gathered in Delhi for a peaceful ‘Chalo Sansad’ march to protest against the NEET-UG paper leaks.
Instead of addressing their pain, authorities ordered a digital blackout across 150 cell sites in Central Delhi. Digital rights groups were furious! Shutting down the internet stops students from contacting their families, getting legal help, or sharing videos of the protest. It raises a huge democratic question: Is it legally okay for the state to just switch off the internet to silence peaceful dissent?

2 · How Does an Internet Ban Happen?

Step 1: The Democratic Protest
Citizens gather peacefully to demand accountability (like the NEET-UG protest). They use the internet to coordinate and share news safely.
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Step 2: The State’s Blackout Order
Fearing a large crowd, authorities pass a written order to telecom companies (like Jio or Airtel) to suspend mobile internet in that specific area.
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Step 3: The New Legal Rule (Telecom Act 2023)
Under the new law, internet can ONLY be banned during a “public emergency” or for “public safety.” The order must be clear, reasoned, and published.
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Step 4: The Legal Reality Check!
Legal experts clearly state that a peaceful student protest is NOT a public emergency! Banning the internet to stop peaceful dissent is legally wrong.

3 · Key Legal Concepts

The Law Upgrade
Goodbye 1885 Act!
Earlier, the government used the colonial-era Indian Telegraph Act, 1885 to ban internet. Now, it is strictly governed by Section 20(2)(b) of the modern Telecommunications Act, 2023.
Anuradha Bhasin Case
A Fundamental Right
In 2020, the Supreme Court boldly declared that expressing yourself through the internet is protected under Article 19(1)(a)! Blanket, indefinite internet bans are unconstitutional.
The Proportionality Test
The Last Resort Only
Courts say shutting down the internet must be the least restrictive measure available. The government must ask: “Can we handle this peacefully without cutting off everyone’s WiFi?”
India’s Sad Record
Global Shutdown Capital
Sadly, India continues to lead the world in internet shutdowns! States often bypass strict rules, causing massive economic losses and silencing democratic voices.

UPSC Prelims Quick Facts: Rules & Rights
The 15-Day Cap Under the new 2024 Rules, an internet suspension order cannot remain in force for more than 15 days at a time!
Article 32 & 226 Any citizen can challenge an arbitrary internet blackout directly in the Supreme Court (Art 32) or High Court (Art 226).
Selective Banning Idea A Parliamentary Committee suggested that instead of a total blackout, authorities should explore “selective banning” (e.g., only blocking specific apps) to save businesses.
Why it hurts students A blackout cuts off students from study materials, digital payments, and emergency help during unfair police crackdowns.

MCQ Practice Question
Q. With reference to the legal framework governing Internet shutdowns in India, consider the following statements:

  1. Under the Telecommunications Act, 2023, the government can lawfully suspend internet services solely to prevent peaceful democratic protests.
  2. In the Anuradha Bhasin v. Union of India case, the Supreme Court ruled that the right to access the internet is a fundamental right protected under Article 19.
  3. According to the Telecommunications (Temporary Suspension of Services) Rules, 2024, a suspension order cannot remain in force for more than 15 days.

Which of the statements given above is/are correct?
(a) 1 and 2 only    (b) 2 and 3 only    (c) 1 and 3 only    (d) 1, 2 and 3

Answer: (b) 2 and 3 only

  • Statement 1 — Incorrect (the trap): Do not fall for this! The law explicitly states that the internet can only be suspended during a “public emergency” or for “public safety.” A peaceful democratic protest does not meet this strict legal threshold!
  • Statement 2 — Correct: The historic Anuradha Bhasin judgment (2020) clearly linked internet access to the freedom of speech and expression under Article 19(1)(a).
  • Statement 3 — Correct: To prevent endless, arbitrary blackouts, the updated 2024 Rules place a strict maximum cap of 15 days on any single suspension order.
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