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In Anuradha Bhasin v. Union of India (2020), the Supreme Court held that freedom of speech and expression over the internet is protected under Article 19(1)(a), and restrictions must satisfy the ______ test, requiring publication of orders, judicial review, and proportionality assessment.
- Wednesbury
- proportionality
- rational basis
- strict scrutiny
Answer: proportionality
Digital rights jurisprudence: (a) Anuradha Bhasin (2020): SC held: (i) Freedom of speech (Article 19(1)(a)) and profession (Article 19(1)(g)) extend to internet medium, (ii) Internet shutdown orders must be published for transparency and judicial review, (iii) Restrictions must satisfy proportionality test: legitimate aim, rational connection, least restrictive alternative, balancing of interests, (b) Proportionality application to digital rights: (i) Legitimate aim: National security, public order, prevention of crime, (ii) Rational connection: Shutdowns may prevent misuse but must be evidence-based, not speculative, (iii) Necessity: Less restrictive alternatives preferred (targeted restrictions, content blocking vs. blanket shutdown), (iv) Balancing: Benefits of restriction must outweigh harm to free speech, economic activity, access to information, (c) Applications: (i) J&K internet shutdown case: Court directed publication of orders, periodic review, time-bound restrictions, (ii) DPDP Act, 2023: Data protection framework balancing privacy with legitimate state/business needs, (iii) Algorithmic accountability: Emerging jurisprudence on AI bias, transparency in automated decision-making, (d) Illustrates adaptive constitutionalism: Applying enduring values (free speech, privacy) to emerging technological contexts through calibrated judicial review.