In Brief
This landmark judgment addresses the communication shutdown in Jammu and Kashmir following the abrogation of Article 370 in August 2019. The Supreme Court held that freedom of speech and expression, and freedom to carry on trade and business over the internet, are fundamental rights protected under Articles 19(1)(a) and 19(1)(g). Internet shutdowns indefinitely are impermissible; any suspension must be temporary, proportionate, and subject to judicial review. Orders restricting fundamental rights must be published and reasoned. The Court established that restrictions must meet a proportionality test balancing security needs against individual liberty. Importantly, Section 144 CrPC orders must state material facts and cannot suppress legitimate democratic expression. The Court directed periodic review of suspension orders within seven days and cautioned against repetitive orders as abuse of power.
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