Anuradha Bhasin v. Union of India (2020)

Quick Summary

After August 2019 events in J&K, the Government blocked the internet and used Section 144 widely. The Supreme Court said: the internet is a key medium for speech and trade; shutdowns cannot be indefinite; orders must be published; and all restrictions must pass the test of proportionality. Security is important, but the State must use the least restrictive option.

Issues

• Does the Constitution protect speech and trade carried out through the internet?
• Are indefinite internet shutdowns and sweeping Section 144 orders valid?
• Can the Government withhold the very orders that restrict rights?
• Were press freedoms and movement unfairly curtailed?

Rules

Arguments

Judgment

The Court recognised the internet as a vital channel for exercising rights under Articles 19(1)(a) and 19(1)(g). It held that shutdowns cannot be indefinite, must follow the 2017 Rules, and require periodic review. Section 144 cannot be used as a blunt, area-wide gag; it needs clear reasons and specific threats. All restriction orders must be published so people can challenge them.

• Publish and review all orders.
• Avoid indefinite shutdowns; use least restrictive means.
• Section 144 needs objective basis; no blanket use.

Ratio Decidendi

1. Internet is covered by Articles 19(1)(a) & 19(1)(g); limits must fit Articles 19(2)/(6).
2. Indefinite shutdowns are unlawful; follow Suspension Rules with reviews.
3. All restriction orders must be published for legal challenge.
4. Section 144 cannot be a tool to suppress dissent across entire regions.
5. Restrictions must satisfy proportionality and be the least restrictive choice.

Why It Matters

The ruling sets clear guardrails for emergencies. It protects online speech and business, forces transparency, and requires the State to pick narrow, time-bound responses instead of sweeping, open-ended bans.

Key Takeaways

• Publish every order; secrecy fails rule of law.
• No indefinite internet bans; review regularly.
• Use the least restrictive tool; avoid blanket 144.
• Courts can scrutinise all such actions.

Mnemonic + 3-Step Hook

Mnemonic: “PIRL” — Publish orders, Internet protected, Review shutdowns, Least restrictive means.

1. Publish: Put all orders in the public domain.
2. Proportion: Match the response to the threat; keep it narrow.
3. Periodically Review: End or scale down when possible.

IRAC Outline

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