According to the Supreme Court, which article of the Constitution guar...
The Supreme Court has declared access to the internet as a fundamental right under Article 19(1)(a) of the Constitution. This article guarantees freedom of speech and expression, assembly, association, movement, residence, and profession. The court's decision emphasizes the importance of internet access in exercising these fundamental rights.
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According to the Supreme Court, which article of the Constitution guar...
Access to the internet as a fundamental right is not explicitly mentioned in any specific article of the Constitution of India. However, the Supreme Court has recognized that the right to access the internet is derived from Article 19 of the Constitution, which guarantees the right to freedom of speech and expression.
The Constitution of India under Article 19 guarantees six fundamental rights, including the right to freedom of speech and expression, the right to assemble peacefully, the right to form associations or unions, the right to move freely throughout the territory of India, the right to reside and settle in any part of the country, and the right to practice any profession, occupation, trade, or business.
The Supreme Court's interpretation of Article 19 has expanded the scope of freedom of speech and expression to include the right to access the internet. It has recognized that in the modern digital age, the internet plays a vital role in facilitating the exercise of the right to freedom of speech and expression.
In its landmark judgment in the case of Anuradha Bhasin v. Union of India (2020), the Supreme Court held that the right to access the internet is a fundamental right under Article 19(1)(a) and any restriction on this right must adhere to the principles of proportionality and reasonableness. The Court emphasized that the internet has become an indispensable tool for the exercise of various fundamental rights, including the right to information, the right to education, the right to privacy, and the right to freedom of speech and expression.
The Court further held that any restriction on the right to access the internet must meet the three-part test laid down in the case of Puttaswamy v. Union of India (2017), which requires that the restriction must be prescribed by law, pursue a legitimate aim, and be proportionate to achieve that aim. The Court emphasized that any restriction on the right to access the internet must be limited in scope and duration and should not be used as a tool for suppressing dissent or curbing the flow of information.
Therefore, while the Constitution of India does not explicitly guarantee access to the internet as a fundamental right, the Supreme Court has recognized it as an integral part of the right to freedom of speech and expression under Article 19.