{"id":368102,"date":"2026-07-23T18:58:15","date_gmt":"2026-07-23T13:28:15","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=368102"},"modified":"2026-07-23T18:58:15","modified_gmt":"2026-07-23T13:28:15","slug":"where-does-the-law-stand-on-internet-shutdowns-in-india","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/where-does-the-law-stand-on-internet-shutdowns-in-india\/","title":{"rendered":"Where does the law stand on internet shutdowns in India?"},"content":{"rendered":"

UPSC Syllabus: Gs Paper 2- <\/strong>Government policies and interventions for development in various sectors and issues arising out of their design and implementation. And Governance<\/p>\n

Introduction<\/strong><\/h2>\n

Internet shutdowns are legally permitted in India only under limited circumstances to address public emergency or public safety concerns. They are governed by the Telecommunications Act, 2023<\/strong> and the Telecommunications (Temporary Suspension of Services) Rules, 2024<\/strong>, which prescribe clear legal and procedural safeguards. However, repeated shutdowns and gaps in implementing these safeguards have raised concerns over necessity, proportionality, transparency, accountability, and the protection of fundamental rights.<\/strong><\/p>\n

Internet Shutdown: Meaning and Purpose<\/strong><\/h2>\n
    \n
  1. Meaning of Internet Shutdown:<\/strong> An internet shutdown is the intentional disruption of internet or electronic communication services<\/strong> in a specific area or for a particular group. It makes these services inaccessible or seriously limits their use to control the flow of information.<\/li>\n
  2. Different Forms of Shutdown:<\/strong> A shutdown may involve a complete suspension of internet services<\/strong>, slowing down internet speed, or blocking access to specific online platforms. The method depends on the objective of the order.<\/li>\n
  3. Situations in Which Shutdowns Are Used:<\/strong> Internet shutdowns are commonly imposed when large gatherings are expected during political events, peaceful demonstrations, violent protests, or religious celebrations<\/strong>. Authorities use them to prevent possible disturbances to public order.<\/li>\n
  4. Legal Basis for Imposing Shutdowns:<\/strong> Under Section 20(2)(b) of the Telecommunications Act, 2023<\/strong>, internet services can be suspended only during a public emergency<\/strong> or in the interest of public safety<\/strong>. The order must be based on the grounds specified in the law and supported by written reasons.<\/li>\n
  5. Protest Is Not a Sufficient Ground:<\/strong> A protest by itself is not a lawful reason<\/strong> to suspend internet services. The government must also show that the suspension is necessary for purposes such as maintaining public order<\/strong>.<\/li>\n
  6. Consideration Before Suspension:<\/strong> Before suspending internet services, authorities must examine whether less restrictive measures can achieve the same objective. Internet suspension should not become the first response.<\/li>\n<\/ol>\n

    Legal Framework Governing Internet Shutdowns in India<\/strong><\/h2>\n
      \n
    1. Shift to the New Legal Framework:<\/strong> Internet shutdowns were earlier governed by Section 5(2) of the Indian Telegraph Act, 1885<\/strong> and the 2017 Rules<\/strong>. They are now governed by Section 20 of the Telecommunications Act, 2023<\/strong> and the Telecommunications (Temporary Suspension of Services) Rules, 2024<\/strong>.<\/li>\n
    2. Grounds for Suspension:<\/strong> A shutdown may be ordered only during a public emergency<\/strong> or in the interest of public safety<\/strong> for the grounds specified in the law, such as public order, sovereignty and integrity of India, defence, State security, friendly relations with foreign States<\/strong>, or preventing incitement to an offence<\/strong>.<\/li>\n
    3. Competent Authority:<\/strong> The Central Government, State Government, or an authorised officer<\/strong> can issue a shutdown order only by following the prescribed legal procedure.<\/li>\n
    4. Statutory Requirements:<\/strong> Every shutdown order must be issued in writing, record reasons, specify the affected area and duration, be published, and consider whether less restrictive measures can achieve the same objective.<\/li>\n
    5. Scope of the 2024 Rules:<\/strong> The 2024 Rules<\/strong> seek to prevent arbitrary shutdowns by prescribing clear procedures and safeguards before internet services can be suspended.<\/li>\n<\/ol>\n

      Supreme Court Safeguards: Anuradha Bhasin v. Union of India (2020)<\/em><\/strong><\/h2>\n
        \n
      1. Recognition of Fundamental Rights:<\/strong> The Supreme Court held that access to the internet is closely linked to the freedoms under Articles 19(1)(a)<\/strong> and 19(1)(g)<\/strong>. Internet restrictions can therefore affect freedom of speech and the freedom to carry on trade or business.<\/li>\n
      2. Legality of Shutdown Orders:<\/strong> The Court held that every internet shutdown must have a clear legal basis<\/strong>. Authorities cannot suspend internet services without following the law.<\/li>\n
      3. Necessity and Proportionality:<\/strong> The Court ruled that a shutdown must pursue a legitimate objective<\/strong>, remain necessary<\/strong>, and be proportionate<\/strong> to the situation. Blanket restrictions cannot be imposed without proper justification.<\/li>\n
      4. Least Restrictive Measure:<\/strong> The Court observed that a complete suspension of telecom services should be imposed only when it is necessary and unavoidable<\/strong>. Authorities must first examine whether a less restrictive measure can achieve the same objective.<\/li>\n
      5. Procedural Safeguards:<\/strong> The Court directed that shutdown orders should contain detailed reasons<\/strong>, remain limited in scope and duration<\/strong>, be published<\/strong>, and undergo review by a competent committee.<\/li>\n
      6. No Indefinite Suspension:<\/strong> The Court held that indefinite internet shutdowns are impermissible<\/strong>. Further, under the Telecommunications (Temporary Suspension of Services) Rules, 2024<\/strong>, a suspension order cannot remain in force for more than 15 days<\/strong>.<\/li>\n
      7. Judicial Review:<\/strong> The Court clarified that shutdown orders are open to judicial review<\/strong>. Such orders can be challenged before the High Court under Article 226<\/strong> or, in appropriate cases, before the Supreme Court under Article 32<\/strong>.<\/li>\n<\/ol>\n

        Issues in Implementation<\/strong><\/h2>\n
          \n
        1. Continued Use of Repealed Provisions:<\/strong> Several State governments have continued to issue internet shutdown orders under the Indian Telegraph Act, 1885<\/strong> and the 2017 Rules<\/strong>, even after the Telecommunications Act, 2023<\/strong> and the 2024 Rules<\/strong> came into force.<\/li>\n
        2. Frequent Use Despite Strict Law:<\/strong> Internet shutdowns continue to be imposed regularly in India, even though the law allows them only under limited and exceptional conditions. This has raised concerns about their repeated use.<\/li>\n
        3. Generic Reasons in Shutdown Orders:<\/strong> Many orders rely on broad statements such as the possibility of misuse of social media or threats to law and order. They often do not provide specific facts or evidence to justify the suspension.<\/li>\n
        4. Failure to Meet Legal Standards:<\/strong> Several shutdown orders do not satisfy the legal requirements of necessity, proportionality, and reasoned justification<\/strong>. Blanket suspensions have been issued without showing why they were the only available option.<\/li>\n
        5. Limited Transparency:<\/strong> Only a small number of shutdown orders are available in the public domain. Many became accessible only after applications were filed under the Right to Information (RTI) Act<\/strong>, reducing transparency and public scrutiny.<\/li>\n
        6. Use of Similar Justifications Across States:<\/strong> Shutdown orders issued in Manipur, Jammu & Kashmir, Haryana, Rajasthan, Punjab, and Odisha<\/strong> have shown a similar pattern of using vague and general reasons. This weakens accountability and raises the possibility of misuse.<\/li>\n
        7. Administrative Overreach:<\/strong> Some shutdown orders have gone beyond suspending internet services by also blocking websites and mobile applications<\/strong>. Such actions exceed the powers available under the 2024 Rules<\/strong>.<\/li>\n
        8. Poor Application of Mind:<\/strong> Some orders blocked outdated platforms such as Google+, Viber, and WeChat<\/strong>, even though they were no longer operational in India. This indicates inadequate scrutiny before issuing the orders.<\/li>\n
        9. Impact on Constitutional Rights:<\/strong> Vague and unsupported shutdown orders restrict the right to freedom of speech and expression<\/strong>, including the right to access information under Article 19(1)(a)<\/strong>. They also conflict with the standards laid down by the Supreme Court in Anuradha Bhasin (2020)<\/strong>.<\/li>\n<\/ol>\n

          Internet Shutdowns in India: Current Scenario<\/strong><\/h2>\n
            \n
          1. Global Position:<\/strong> India continues to record one of the highest numbers of internet shutdowns<\/strong> in the world. According to Access Now<\/strong>, 65 shutdowns<\/strong> were recorded across 12 States and Union Territories in 2025<\/strong>.<\/li>\n
          2. State-wise Distribution:<\/strong> According to the SFLC Internet Shutdown Tracker<\/strong>, Jammu & Kashmir<\/strong> has recorded about 449 shutdowns since 2012<\/strong>, followed by Rajasthan (115)<\/strong> and Manipur (62)<\/strong>.<\/li>\n
          3. Recent Trend:<\/strong> India recorded around 24 internet shutdowns in 2026<\/strong> up to 22 July<\/strong>, showing that the use of internet suspensions continues under the new legal framework.<\/li>\n
          4. Continuing Concern:<\/strong> The high number of shutdowns, along with repeated procedural shortcomings, shows that the challenge is no longer the absence of a legal framework but the effective implementation of the existing safeguards<\/strong>.<\/li>\n<\/ol>\n

            Way Forward<\/strong><\/h2>\n
              \n
            1. Strict Compliance with the Law:<\/strong> Authorities should issue internet shutdown orders only after fully satisfying the conditions laid down in the Telecommunications Act, 2023<\/strong> and the 2024 Rules<\/strong>. Every order should contain specific and recorded reasons instead of general statements.<\/li>\n
            2. Apply Shutdowns Only Under Prescribed Conditions:<\/strong> Internet services should be suspended only during a public emergency<\/strong> or in the interest of public safety<\/strong> and only for the purposes allowed under the law. Authorities should also ensure that all prescribed safeguards are followed before imposing a shutdown.<\/li>\n
            3. Strengthen Judicial and Administrative Oversight:<\/strong> Review mechanisms should carefully examine whether every shutdown order complies with constitutional principles and statutory safeguards. Authorities who fail to follow the 2024 Rules<\/strong> should also be held accountable.<\/li>\n
            4. Improve Transparency and Public Access:<\/strong> Governments should place all internet shutdown orders on the official website of the State Home Department. The orders should clearly explain the reasons for the suspension and should also be available in the regional language.<\/li>\n
            5. Ensure Periodic Review:<\/strong> Every shutdown order should remain time-bound<\/strong> and be reviewed regularly. This can prevent unnecessary continuation of restrictions beyond the period for which they are genuinely required.<\/li>\n
            6. Use Shutdowns as the Last Resort:<\/strong> Internet suspension should be imposed only when no less restrictive measure can achieve the same objective. It should remain an exceptional measure rather than a routine administrative response.<\/li>\n<\/ol>\n

              Conclusion<\/strong><\/p>\n

              Internet shutdowns are lawful only when they strictly satisfy the conditions laid down under the Telecommunications Act, 2023, the 2024 Rules, and the Anuradha Bhasin (2020) judgment. The real challenge lies in ensuring faithful implementation of these safeguards so that internet suspensions remain an exceptional measure while balancing public safety with constitutional freedoms.<\/p>\n

              Question for practice:<\/strong><\/p>\n

              Discuss the legal framework, constitutional safeguards, and implementation challenges related to internet shutdowns in India.<\/p>\n

              Source:<\/strong> The Hindu<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

              UPSC Syllabus: Gs Paper 2- Government policies and interventions for development in various sectors and issues arising out of their design and implementation. And Governance Introduction Internet shutdowns are legally permitted in India only under limited circumstances to address public emergency or public safety concerns. They are governed by the Telecommunications Act, 2023 and the… Continue reading Where does the law stand on internet shutdowns in India?<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230],"tags":[300,212,10498],"class_list":["post-368102","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","tag-governance","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/368102","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=368102"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/368102\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=368102"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=368102"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=368102"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}