Understanding Internet Access and Fundamental Rights in India

The question asks about the fundamental right under which the Supreme Court of India has included access to the internet.

The Supreme Court of India has, through its judgments, linked access to the internet to certain fundamental rights enshrined in the Constitution of India. This recognition is significant as it underscores the importance of the internet in modern life, including its role in facilitating freedom of expression and conducting business.

Let's look at the relevant Articles:

• Article 14: Deals with equality before the law and equal protection of the laws. While important, it is not the primary article under which internet access was declared a fundamental right.
• Article 19: Guarantees several freedoms, including freedom of speech and expression (Article 19(1)(a)) and the right to practice any profession, or to carry on any occupation, trade or business (Article 19(1)(g)). The Supreme Court has observed that the right to freedom of speech and expression includes the right to disseminate and receive information, and in today's world, the internet is a crucial medium for this. Similarly, the internet is essential for many modern trades and businesses. Therefore, restricting internet access can infringe upon these rights under Article 19.
• Article 21: Guarantees the protection of life and personal liberty. While some arguments could potentially link internet access to aspects of life and liberty (e.g., accessing essential services, education, healthcare information), the primary basis for the Supreme Court's declaration regarding internet access as a fundamental right is rooted in Article 19.
• Article 17: Abolishes untouchability. This article is unrelated to the right to access the internet.

In the case of Anuradha Bhasin v. Union of India (2020), the Supreme Court explicitly held that the freedom of speech and expression and the freedom to carry on any trade or business over the internet are constitutionally protected fundamental rights under Article 19(1)(a) and Article 19(1)(g) respectively. While not a standalone fundamental right listed explicitly, access to the internet is considered a tool necessary for the exercise of these rights under Article 19.

Therefore, the Supreme Court has declared access to the internet a fundamental right primarily under Article 19 of the Indian Constitution, as it is essential for exercising the rights guaranteed by Article 19(1)(a) and Article 19(1)(g).

Revision Table: Key Articles and Rights

Additional Information: Fundamental Rights and the Judiciary

Fundamental Rights are a group of rights recognized by the Constitution as requiring a high degree of protection from government intrusion. They are listed in Part III of the Indian Constitution.

• These rights are enforceable against the State.
• They are not absolute and can be subjected to reasonable restrictions. For instance, the freedom of speech under Article 19(1)(a) is subject to restrictions under Article 19(2), such as matters related to the security of the state, public order, decency, etc.
• The Supreme Court and High Courts act as guardians of these rights. Citizens can approach these courts directly if their fundamental rights are violated (under Article 32 for Supreme Court and Article 226 for High Courts).
• The judiciary, through its power of judicial review, interprets the Constitution and the scope of fundamental rights, evolving their understanding in light of changing societal needs and technological advancements, as seen in the case of recognizing internet access.

The recognition of internet access as a fundamental right is a dynamic example of how the interpretation of constitutional provisions adapts to the realities of the digital age, emphasizing its necessity for democratic participation and economic activity under the ambit of Article 19.