India continues to record one of the highest numbers of Internet shutdowns in the world. Access Now’s 2025 report recorded 65 shutdowns across 12 States and Union Territories.
Legal Framework for Internet Shutdowns in India
- Internet shutdowns in India are governed by the Telecommunications (Temporary Suspension of Services) Rules, 2024, issued under the Telecommunications Act, 2023.
- These rules replace the Telecom Suspension Rules, 2017, and regulate the process for suspending telecom services, including internet services.
- It can be implemented in case of public emergency or in the interest of public safety, and only for specified purposes such as maintaining public order.
- Authority to Issue Shutdown Orders: Union Home Secretary (for national-level shutdowns) and State Home Secretary (for state-level shutdowns).
- In unavoidable circumstances, an officer not below the rank of Joint Secretary, duly authorised by the government, may issue the order, subject to subsequent approval.
- Procedural Safeguards: Every suspension order must be reviewed by a Review Committee, constituted separately by the Union and State governments, within the prescribed timeframe.
- Judicial Precedent: The Supreme Court of India in the case of Anuradha Bhasin v. Union of India (2020) ruled that indefinite internet shutdowns are unconstitutional and that such curbs should meet the tests of necessity and proportionality.
- However, many shutdown orders lack proper documentation and justification.
