The internet has become an indispensable part of modern life, influencing education, commerce, governance, healthcare, and freedom of expression. In a digital age where access to opportunities and services is increasingly dependent on connectivity, the question arises whether the right to internet should be recognized as a fundamental right. The debate in India gained prominence in the aftermath of internet shutdowns in sensitive regions, where the courts were called upon to balance national security concerns with individual liberties. The constitutional discourse has steadily evolved to recognize that access to the internet is not merely a privilege but closely connected to the enjoyment of existing fundamental rights.
The starting point for this recognition lies in Article 19(1)(a) and Article 19(1)(g) of the Constitution, guaranteeing freedom of speech and expression and the right to practice any trade or profession. In Shreya Singhal v. Union of India (2015), the Supreme Court acknowledged the internet as a powerful medium of free speech while striking down Section 66A of the IT Act for its chilling effect on online expression. Later, in Anuradha Bhasin v. Union of India (2020), arising out of restrictions in Jammu and Kashmir, the Supreme Court held that access to the internet enjoys constitutional protection as part of freedom of speech and trade. While the Court stopped short of declaring the right to internet as an independent fundamental right, it made clear that indefinite restrictions on internet access are impermissible and must meet tests of necessity, proportionality, and reasonableness.
Judicial developments at the High Court level have gone further. In Faheema Shirin v. State of Kerala (2019), the Kerala High Court became the first court in India to recognize the right to access the internet as part of the right to education and the right to privacy under Article 21. The Court observed that in the contemporary world, access to the internet is essential for students to exercise their right to education and to develop their personality. This recognition expanded the scope of the right to life and liberty, showing how fundamental rights adapt to changing social contexts.
Globally, there is growing momentum toward recognizing internet access as a basic right. The United Nations Human Rights Council, in 2016, declared that the same rights people have offline must be protected online, including freedom of expression. Countries such as Estonia and Finland have already declared internet access as a legal right, ensuring universal availability to bridge the digital divide. These international developments provide persuasive support for India to strengthen its commitment to internet access as an essential right.
At the same time, the recognition of the right to internet raises complex challenges. National security, public order, and prevention of misinformation are legitimate grounds for regulating internet access under Article 19(2). India has witnessed frequent internet shutdowns, with thousands of hours of connectivity lost annually, affecting businesses, education, and governance. Critics argue that blanket shutdowns are disproportionate, impacting millions for the actions of a few. Striking the balance between individual rights and collective security requires nuanced regulation rather than blunt restrictions. Furthermore, issues of affordability, rural connectivity, and digital literacy mean that access is unequal, raising concerns of a new form of inequality where the digital divide mirrors social and economic divides.
The recognition of the right to internet as a fundamental right also has policy implications. It would obligate the State to ensure affordable and universal access, particularly in rural and marginalized areas. It would also impose stricter scrutiny on internet shutdowns and censorship, requiring authorities to demonstrate necessity and proportionality. By linking the right to internet with education, healthcare, e-governance, and freedom of expression, it becomes a tool for realizing other socio-economic rights. However, the State’s responsibility would not only involve infrastructure but also measures to ensure digital literacy, privacy protection, and safeguards against cybercrime.
In conclusion, while the right to internet has not yet been declared as an explicit fundamental right in India, judicial pronouncements have clearly recognized its integral connection with freedom of expression, trade, education, and privacy. The trend, both nationally and internationally, points toward elevating internet access to the status of a basic human right, if not a fundamental right. The future of India’s democracy, economy, and social justice increasingly depends on how inclusively and securely it can guarantee digital connectivity. Recognizing the right to internet as fundamental would not only protect civil liberties but also empower citizens to participate fully in the opportunities of the digital age.
