Supreme Court Hears Plea to Regulate Internet Shutdowns for Exams
Last Updated on December 13, 2024 by Athi Venkatesh
The Supreme Court on December 10 heard a plea filed by the Software Freedom Law Center (SFLC) seeking regulation of internet shutdowns, particularly those imposed during exams. The petition highlighted 12 instances of internet suspensions totaling 71 hours, claiming they lack a legislative basis.
SFLC argued that such shutdowns, aimed at preventing cheating, violate the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Advocate Vrinda Grover, representing the petitioner, stated that other effective methods could prevent cheating without disrupting digital economic activities. She also referred to the Anuradha Bhasin judgment and recent telecommunication laws, asserting that shutdowns must adhere to these frameworks.
Advocate Kanu Agrawal, representing the Union, opposed the plea. He emphasized that the Anuradha Bhasin judgment outlines the legal parameters for shutdowns and stressed that individual cases must be challenged in High Courts. He assured that letters have been sent to Chief Secretaries to enforce compliance with the judgment.
The petition cited instances where internet shutdowns were excessive, such as during the Rajasthan Eligibility Examination for Teachers (REET) in 2021, affecting the entire state. It called such decisions arbitrary, disproportionate, and unconstitutional. The petition also sought guidelines to prevent misuse of shutdown powers.
The Court deferred the matter to January 29 without issuing an immediate order. The plea aims to ensure compliance with judicial directions and protect citizens’ rights to free speech and trade through the internet under Article 19 of the Constitution.
The Union maintained that State Governments, empowered under the 2017 Rules, suspend internet services responsibly and in the public interest. However, the petition alleges misuse of these powers for administrative convenience.
This hearing underscores the need to balance governance with constitutional rights in an increasingly digital India.
