Quick answer
No. In Anuradha Bhasin v. Union of India (10 January 2020), the Supreme Court held that speech and trade carried on through the internet are protected by Article 19(1)(a) and Article 19(1)(g). It said an order suspending internet services indefinitely is impermissible, and that every suspension order must be published, temporary and proportionate. On 15 October 2026, in Just Rights for Children Alliance v. S. Harish, the Court went further and held that the right to access and use the internet is itself a Fundamental Right under Article 21 read with Article 19(1)(a). Children enjoy it too.
Anuradha Bhasin v. Union of India, Supreme Court of India, three-judge Bench (Justices N.V. Ramana, R. Subhash Reddy and B.R. Gavai), decided on 10 January 2020. The case challenged restrictions, including the internet shutdown, imposed in Jammu and Kashmir from August 2019. The Court directed that all suspension orders be published so that affected persons can challenge them. It held that freedom of speech and freedom to carry on trade over the internet enjoy constitutional protection, and that restrictions must satisfy Article 19(2) and 19(6), including the test of proportionality (a restriction must go no further than necessary). It held that indefinite suspension is impermissible, that suspension is for a temporary duration only, and that orders are subject to judicial review. It also directed the Review Committee to review orders every seven working days.
Just Rights for Children Alliance v. S. Harish, Supreme Court of India (Justices J.B. Pardiwala and K.V. Chandran), order dated 15 October 2026 in M.A. Nos. 2553-2554 of 2026, 2026 INSC 1149. While giving directions on removing child sexual exploitation and abuse material online, the Court noted that Anuradha Bhasin had left open whether internet access is itself a Fundamental Right. It relied on Pragya Prasun v. Union of India (2025) and held that "the right to access and use the internet is a fundamental right of every individual" under Article 21 read with Article 19(1)(a). It called blanket restrictions on children's internet access disproportionate, but accepted proportionate safeguards such as parental consent and a "child mode".
Essential points for a lawful shutdown
- Legal basis: the order must be made under a law and for a ground the law permits.
- Publication: the order must be published so that it can be challenged in court.
- Time limit: no indefinite suspension. The order lasts only as long as necessary.
- Proportionality: the authority must choose the least restrictive measure, limited in area and type of service.
- Review: a review committee checks each order, and courts can review it.
Current-law note
Anuradha Bhasin applied the Temporary Suspension of Telecom Services Rules, 2017, made under the Indian Telegraph Act, 1885. Those Rules have been superseded by the Telecommunications (Temporary Suspension of Services) Rules, 2024 (G.S.R. 724(E), 22 November 2024). These Rules are made under Section 20(2)(b) and Section 20(4) of the Telecommunications Act, 2023. Under them:
- a suspension order must be published, give reasons, and be limited to a defined area, type of service and a period not exceeding 15 days;
- it may be made only if the objective cannot be achieved by other reasonable means;
- a review committee must meet within five days and may set aside a non-compliant order.
For a full case summary, see Anuradha Bhasin v. Union of India.
Example
Renu runs an online shop and depends on the internet to deal with customers. The district authorities shut down mobile internet across the whole district with no published order and no end date. Renu can challenge the shutdown. It is indefinite and unpublished, and nothing shows that it is proportionate, so it affects her rights under Article 19(1)(a), Article 19(1)(g) and Article 21. A published, reasoned and time-limited order covering only a small area during genuine violence would stand on firmer ground.
Exam point
Anuradha Bhasin (2020): no indefinite internet shutdowns, and orders must be published and proportionate. Just Rights for Children Alliance (2026): internet access is a Fundamental Right under Article 21 read with Article 19(1)(a), for children too.
