SC Order On Govt’s Jammu And Kashmir Mobile, Net Lockdown

The Supreme Court, last week, in the context of the internet shutdown in Jammu and Kashmir, ruled that the freedom of speech and right to carry on trade and business were protected by Article 19(1) of the Constitution and that the internet is now a crucial tool for these to be exercised. It also ruled that any curbs on these must be temporary, in keeping with the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017, and must pass the test of proportionality, under Article 19(2) and (6). Thus, there is now no doubt that a prolonged shutdown, like that in J&K, is untenable. To the extent that the judgment will help matters normalise, aid the restitution of livelihoods, and even allow the people of the newly-declared Union Territory communicate with their families, it should restore the faith of the J&K body politic in the law of the land.