Supreme Court Rules on Right to Internet as a Fundamental Right
Case Title: XYZ v. Union of India
Citation: 2025 SCC OnLine SC 456
Introduction
In a landmark judgment, the Supreme Court of India has declared that access to the internet is a fundamental right under Article 19(1)(a) and 21 of the Constitution. The Court ruled that restrictions on internet access must be proportional and subject to judicial review.
Key Takeaways from the Judgment
- Internet as a Fundamental Right: The Court recognized that the right to freedom of speech and expression includes access to the internet.
- Proportionality Test for Restrictions: Any curbs on internet access must satisfy the test of necessity and proportionality.
- Judicial Review of Internet Shutdowns: The Court mandated that all shutdown orders must be reviewed periodically to prevent misuse.
Operative Part of the Judgment
“We hold that access to the internet is an essential part of the fundamental right to free speech and expression and cannot be arbitrarily restricted.”
Conclusion
This ruling establishes crucial legal safeguards against arbitrary internet shutdowns, reinforcing digital rights in India.