Regarding the 1st issue, the court reiterated the position that freedom
of expression under Article 19 of India’s Constitution extended to the
internet. There was already extensive jurisprudence that extended
protections to new media for expression in India. In relation to access
5
to information and business the court observed and declared that:
Therefore, the freedom of speech and expression through the medium of
internet is an integral part of Article 19(1)(a) and accordingly, any
restriction on the same must be in accordance with Article 19 (2) of the
Constitution.
10
15
20
In this context, we need to note that the internet is also a very important
tool for trade and commerce. The globalization of the Indian economy and
the rapid advances in information and technology have opened up vast
business avenues and transformed India as a global IT hub. There is no
doubt that there are certain trades which are completely dependent on
the internet. Such a right of trade through internet also fosters
consumerism and availability of choice. Therefore, the freedom of trade
and commerce through the medium of the internet is also constitutionally
protected under Article 19(1) (g), subject to the restrictions provided under
Article 19 (6).
The court then considered the principles upon which restrictions may
be imposed and stated that in imposing restrictions under Article 19 (2)
of the
Constitution
proportionality,
of India,
which
are
there
time
ought
honoured
to
be
balance
and
for
the
principles
interpretation of rights and freedoms guaranteed under the broad
25
spectrum of human rights. The court reviewed its decision in Modern
Dental College & Research v State of Madhya Pradesh (2019) 7 SCC
353, where it was held that:
30
“The exercise which, therefore, is to be taken is to find out as to whether
the limitation of constitutional rights is for a purpose that is reasonable
and necessary in a democratic society and such an exercise involves the
weighing up of competitive values, and ultimately an assessment based
on proportionality i.e. balancing of different interests.”
Unlike Uganda, India already had detailed laws and regulations under
which telecommunication services may be suspended. The shutting
35
down of the internet was therefore considered within the context of the
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