Shreya Singhal v. UOI

The historic verdict in Shreya Singhal v. Union of India , one of the most important decisions in the area of freedom of expression and digital rights in Independent India, was handed down by the Supreme Court of India on 24th March 2015. The bench declared Section 66A of the Information Technology Act, 2000 , as an unconstitutional restriction on the Fundamental right to free speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. It was presented by a two-judge bench headed by Chelameswar and R. F. Nariman JJ. The case was brought against the backdrop of a series of arrests for “offensive” posts on social media made by officers. The constitutional support is the right to freedom of speech and expression, guaranteed in article 19(1)(a) of the constitution, which is not absolute, as there are also restrictions in article 19(2) , and the state can restrict freedom of speech and expression on certain grounds, including public order, decency, morality, and incitement to an offence. This case commentary will analyse the facts of the case, the reasoning of the Court, and discuss the implications of the judgment on the Indian jurisprudence, cyber laws, and digital rights.