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Supreme Court of India 2020-05-11 partly_allowed

Bench: 3 — N.V. Ramana, R. Subhash Reddy, B.R. Gavai

In Brief

Petitioners challenged the Union Territory of Jammu and Kashmir's order limiting mobile internet speed to 2G, arguing it violated their rights to education, health information, and free speech during the COVID-19 pandemic. The Supreme Court acknowledged that while internet access is important, fundamental rights must be balanced against national security. Given ongoing cross-border terrorism and infiltration, the Court upheld the restrictions but required greater proportionality and scrutiny. The Court rejected blanket restrictions and directed a Special Committee comprising national and state secretaries to examine necessity, consider limiting restrictions to specific affected areas, and evaluate alternatives like 3G/4G access on a trial basis in certain regions."

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Constitutional Law Right to Information Right to Education National Security Internet Restrictions Fundamental Rights

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