ARTICLE 19
9:24 AM
EDITOR 24JULY: Recently Supreme Court ordered setting up of a high-powered committee headed by the Secretary, Ministry of Home Affairs (MHA), to consider pleas seeking restoration of 4G internet services in the Union Territory of Jammu and Kashmir.
What does the Constitution say?
[ARTICLE 19(1)(A)]
Article 19 guarantees to all citizens ‘Right to Freedom’. It lays down the six rights. These are:
- Right to freedom of speech and expression.
- Right to assemble peaceably and without arms.
- The right to form associations or unions or co-operative societies.
- Right to move freely throughout the territory of India.
- Right to reside and settle in any part of the territory of India.
- The right to practice any profession or to carry on any occupation, trade, or business.
These six rights are protected against only state action and not private individuals.
Moreover, these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc.
The State can impose ‘reasonable’ restrictions on the enjoyment of these six rights only on the grounds mentioned in Article 19 itself and not on any other grounds
Article 19(2):
confers the right on the State to impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of, Sovereignty and the integrity of India, Security of the state, friendly relations with foreign states, Public order, decency or morality, Contempt of court, defamation, and incitement to an offense.
Article 19(6):
confers the right on the State to impose reasonable restrictions on the exercise of Freedom of Profession in the interest of the general public. Further, the State is empowered to:
1." prescribed professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business; and "
2. carry on by itself any trade, business, industry or service whether to the exclusion (complete or partial) of citizens or otherwise.
Internet as Fundamental Right and its implications in India :
The expression 'Right to the Internet' might be imagined as having twofold explanations: the essential being
over the issue of access to the substance over the Internet and sensible limitations; and the
optional being the issue of accessibility of important framework and advancements to get to
the Internet in any case. The last issue is vital for accomplishing the previous, consequently
'Right to the Internet' is a positive right.
The web is a conductor which clears route for acknowledgment of Fundamental Rights' ensured
under Articles 19(1) (a), (g) and Article 21A of the Constitution of India.
1.Judiciary proclaiming Internet as FR would refresh an essential part of law based presence
to the data age. It would put India in the class of dynamic purviews,
what's more, start to blend our legitimate viewpoint with that of the United Nations Human Rights
Committee, which maintained net access as a human right in 2016.
2. However, we realize that rights are not supreme in India and it accompanies a sensible
limitations" under determined conditions.
3. It is a very much settled rule that singular opportunities are conceded just inasmuch as they do
not disregard the privileges of others. The right to speak freely of discourse, for instance, must not conflict with other
objectives like peace. For instance, detest discourse that advances ill will between
various gatherings are unequivocally restricted under Section 153A of the Indian Penal Code.
4. The legal executive while announcing Internet is an FR has given organizations space to limit its
access relying on the prerequisite that it's proportionate to the issue recognized.
5. Therefore, government's while figuring clear rules on web shutdowns would
guarantee that the rules are in consonance with the Court's decision.