Topic: Important aspects of governance, Fundamental rights
Q3. Critically examine the validity of internet shutdowns in India in the light of Supreme Court judgments. Analyze their impact on fundamental rights and governance, and suggest measures to balance public safety with democratic principles. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question
The Union government informed the Supreme Court that it had written to State chief secretaries to follow the law laid down by the top court on the issue of internet shutdowns.
Key Demand of the Question
The question demands an analysis of the legality of internet shutdowns based on Supreme Court judgments, their impact on governance and rights, and recommendations to align shutdowns with democratic principles.
Structure of the Answer
Introduction
Mention the rise of internet shutdowns in India, their justification on grounds of public safety, and the recognition of internet access as a fundamental right by the Supreme Court.Body
- Validity of shutdowns: Discuss the constitutional framework and judicial principles (necessity, proportionality, and transparency).
- Impact of shutdowns: Analyze effects on fundamental rights, governance, public trust, and socio-economic activities.
- Recommendations: Suggest reforms in legal frameworks, use of technology, strengthening judicial oversight, and promoting transparency.
Conclusion
Emphasize the importance of balancing security concerns with fundamental rights, emphasizing judicial accountability and policy reforms for a robust democracy.
