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Home Landmark Judgments Livelihood, Speech & Digital Rights
2020

Anuradha Bhasin v. Union of India

AIR 2020 SC 1308 · 3-judge bench

The Facts

Challenged the prolonged internet shutdown and movement restrictions imposed in Jammu & Kashmir following the August 2019 abrogation of Article 370, arguing it violated press freedom and the freedom to carry on trade/business online.

The Holding

The Court held that the freedom of speech and expression, and the freedom to carry on any trade or business, over the internet are protected under Article 19, and that any internet shutdown must be necessary, proportionate, and for the least possible duration — with orders subject to periodic judicial review and required to be published.

The key precedent behind the argument that internet access itself is constitutionally protected in India — since this ruling, internet-shutdown orders have faced far greater scrutiny and required transparency they didn't before.

Cross-References

Related law

Art. 19(1)(a)

Free speech and expression

Art. 19(1)(g)

The freedom to carry on trade or business, also extended to online activity

This is a plain-English summary, not verbatim judgment text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the full judgment (indiankanoon.org, sci.gov.in) or a qualified advocate before relying on this for an actual legal situation.