The Anuradha Bhasin Judgment and the Conditional Status of the Right to the Internet

The preamble to the Indian Constitution provides for the liberty of thought and expression to each and every citizen of the country. This solemn resolve is envisaged in Article 19(1)(a) of the Constitution which provides for freedom of speech and expression to its citizens. This freedom is restricted by Article 19(2) which provides for reasonable restrictions on eight grounds under which the State can encroach on a person’s freedom of speech and expression. Article 19(2) is generally understood as a provision enabling the State to make laws that impose reasonable restrictions on the freedom of speech and expression. In addition to this, Article 19(2) is also a restriction on the State itself as it cannot restrict a citizen’s free speech on any grounds other than those specifically mentioned. Furthermore, the restriction must be made through a law that needs to be checked against fundamental rights. Thus, restrictions cannot be imposed at the whims and fancies of the State. A recent case that reinforces this principle while also improvising the interpretation of the right to access the internet vis-a-vis the fundamental rights is Anuradha Bhasin v Union of India (more…)