Syllabus: GS2/Governance
In News
- Mobile Internet services were temporarily suspended in parts of Central Delhi during the Chalo Sansad protest staged by the Cockroach Janta Party (CJP).
What is an Internet shutdown?
- It is defined as “an intentional disruption of Internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information.”
- They take many forms, from full network disruptions to slowing down Internet speed (“throttling”) or blocking platforms.
Reasons
- Most Internet shutdowns are ordered when large numbers of people are expected to gather for political reasons, peaceful demonstrations, violent protests or religious celebrations, according to the International Federation of Journalists.
- Some are preventive measures imposed in anticipation of an event, while others are introduced to control ongoing incidents.
Internet shutdowns Status in India
- Historically, Jammu & Kashmir has recorded the highest number of Internet shutdowns in the country, with about 449 since 2012, followed by Rajasthan (115) and Manipur (62), according to the SFLC Internet Shutdown Tracker.
- India has recorded about 24 shutdowns in 2026.
- India continues to record one of the highest numbers of Internet shutdowns in the world.
- Access Now’s 2025 report recorded 65 shutdowns across 12 States and Union Territories.
- This was lower than in previous years; the scale remains exceptional for a constitutional democracy.
Arguments in Favour of Internet Shutdowns
- Maintaining Public Order: It stops the rapid spread of hate speech, rumours and provocative content on social media during periods of communal tension or civil unrest.
- National Security: Disrupts communication and coordination between hostile or terrorist groups in conflict-prone regions.
- Avoiding Administrative Failure: Deployed Locally to Prevent Organised Cheating and Large-Scale Question Paper Leaks in Competitive Exams
Arguments Against
- Restriction of Rights: Internet shutdowns restrict fundamental rights by limiting freedom of speech and expression, access to information, peaceful assembly, and the freedom to carry on trade and business.
- Economic Losses: Huge impact on digital economy, e-commerce, UPI transactions, gig workers and livelihoods of daily wage workers that depend on connectivity.
- Civil Liberty Violations: Reduces access to healthcare, online education, emergency services, and critical public information for citizens.
- Closing official channels creates a vacuum often filled by dangerous rumours through offline channels.
Law governing Internet shutdowns in India
- Internet shutdowns in India were earlier governed by Section 5(2) of the Indian Telegraph Act, 1885 and the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
- These have now been replaced by Section 20 of the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024.
- Section 20(2)(b) of the Telecommunications Act, 2023 states that the government can suspend Internet or telecom services in a public emergency or in the interest of public safety, not simply because a protest is underway.
- Such suspensions shall be made on specified legal grounds, supported by written reasons, issued by the competent authority under the Telecommunications (Temporary Suspension of Services) Rules, 2024 and published with details of the area, duration, date and time for transparency and accountability.
- The authorities shall also examine whether the same objective can be attained by means of a less restrictive measure.
Do you know?
- Orders of Internet shutdown are now challengeable before the High Courts under Article 226 or, in suitable cases, before the Supreme Court under Article 32.
- Courts assess whether the order is lawful, necessary, proportionate, and limited in scope and duration.
- The government has to issue the orders with reasons, look at less restrictive options, and follow the Telecommunication (Temporary Suspension of Services) Rules, 2024, under which a shutdown order cannot be valid for more than 15 days. Shutting down services for an indefinite time is unconstitutional.
Implementation Issues
- Several States have continued to issue Internet shutdown orders under the repealed Indian Telegraph Act, 1885 and the 2017 Rules, potentially bypassing the stronger procedural safeguards introduced in 2024.
- But despite safeguards, findings under the RTI and studies show that many States continue to withhold shutdown orders and review records, defeating transparency, judicial oversight and the principles laid down in Anuradha Bhasin and natural justice.
- Examples are internet suspension orders issued by Uttar Pradesh (Bareilly) and Manipur in 2025 under the old framework.
- There are also concerns that local police sometimes undertake network jamming under criminal law without a clear statutory framework.
Observations of Supreme Court
- The Supreme Court in Anuradha Bhasin v. Union of India (2020) said that the right of access to the Internet is closely related to the fundamental freedoms of speech and expression and trade under Articles 19(1)(a) and 19(1)(g).
- It said internet shutdowns should be “authorized by law, pursue a legitimate objective, meet the tests of necessity and proportionality, be the least restrictive measure and be limited in scope as well as duration”.
- The Court also held indefinite shutdowns unconstitutional, ordered that shutdown orders be published and a review conducted by a multi-member Review Committee within five working days.
- It underlined that a complete shutdown of internet services should be a last resort and that less intrusive measures should be explored first.
Conclusion
- Access to the internet is now a vital enabler of fundamental rights, economic activity, education, health care and democratic participation.
- The State has a legitimate role in the protection of public order and national security, but internet shutdowns should remain an exceptional measure.
- Any suspension must be in line with the Supreme Court’s decision in Anuradha Bhasin v. Union of India (2020) and consistent with the principles of legality, necessity, proportionality, transparency, and judicial review, balancing security interests against constitutional freedoms.
Source: TH
