Internet Shutdowns in India: Legal Position
Mobile internet services were suspended in parts of Central Delhi during the “Chalo Sansad” protest.The shutdown raised concerns regarding legality, proportionality, transparency and citizens’ fundamental rights.
What Is an Internet Shutdown?
- It is an intentional disruption or restriction of internet or electronic communication services for a specific area or population.
- It may involve complete suspension, reduced internet speed or blocking of particular platforms.
Present Legal Framework
- Internet shutdowns are governed by Section 20 of the Telecommunications Act, 2023.
- The procedure is prescribed under the Telecommunications (Temporary Suspension of Services) Rules, 2024.
- Suspension is permitted only during:
- A public emergency; or
- A threat to public safety.
- Every order must be written, reasoned, published and limited in geographical scope and duration.
- Authorities must consider whether less-restrictive alternatives would be sufficient.
Supreme Court Guidelines
Anuradha Bhasin v. Union of India (2020)
- Internet access is closely connected with freedom of speech and trade under Articles 19(1)(a) and 19(1)(g).
- A shutdown must:
- Have legal authority.
- Pursue a legitimate objective.
- Be necessary and proportionate.
- Be the least-restrictive available measure.
- Orders must contain detailed reasons, be publicly available and undergo review.
- Complete suspension should be used only when it is necessary and unavoidable.
- Indefinite internet shutdowns are unlawful.
Duration and Review
- Under the 2024 Rules, a suspension order cannot remain effective for more than 15 days.
- Orders must be examined by the competent review committee.
Judicial Challenge
- Shutdown orders can be challenged before:
- High Courts under Article 226.
- The Supreme Court under Article 32.
- Courts may examine their legality, proportionality, territorial extent and duration.
India’s Position
- India recorded around 65 internet shutdowns across 12 States and Union Territories in 2025.
- Approximately 24 shutdowns were recorded in 2026 as of July 22.
- Since 2012, Jammu and Kashmir recorded the highest number, followed by Rajasthan and Manipur.
Internet shutdowns may sometimes be required to address genuine security threats, but routine or widespread suspensions disproportionately affect education, healthcare, trade, journalism and democratic participation. They should therefore remain a temporary and exceptional last-resort measure.