Supreme Court’s observation On Internet shutdown

♤ Freedom of speech and expression through the medium of internet is a fundamental right under Article 19(1)(a) of the Constitution.

♤ The restrictions on internet have to follow the principles of proportionality under Article 19(2).

o Doctrine of proportionality is a principle that is prominently used as a ground for judicial review in cases of administrative action.

o The doctrine essentially signifies that the punishment should not be disproportionate to the offence committed or the nature and extent of the State’s interference with the exercise of a right must be proportionate to the goal it seeks to achieve.

♤ Freedom of trade and commerce through internet is also a constitutionally protected right under Article 19(1)(g).

♤ Suspension of internet for indefinite period not permissible. It can only be for a reasonable duration and periodic review should be done. Government should publish all orders of prohibition to enable affected persons to challenge the same.