Case Commentary Anuradha Bhasin Vs Union of India

The Supreme Court of India's judgment in Anuradha Bhasin v. Union of India, (2020) 3 SCC 637, delivered on 10 January 2020, marked a defining moment in India's constitutional jurisprudence for the digital age. Arising from the unprecedented communication blackout imposed in Jammu and Kashmir following the abrogation of Article 370 in August 2019, the case presented the Supreme Court with a fundamental question — does access to the internet enjoy constitutional protection under the Indian Constitution? This commentary analyses the Supreme Court's holding that the freedom of speech and expression under Article 19(1)(a) and the right to carry on trade or profession under Article 19(1)(g) extend to the medium of the internet, making internet access a constitutionally protected derivative right. It further examines the court's application of the proportionality doctrine, its guidelines on the publication and periodic review of internet shutdown orders, and its treatment of Section 144 of the Code of Criminal Procedure. While acknowledging the judgment's landmark status, this commentary critically evaluates its significant limitations — including the absence of immediate relief, the court's refusal to declare internet access a standalone fundamental right, and the widespread non-compliance with the Anuradha Bhasin guidelines by state governments in the years since the judgment was delivered.