Centre Tells States to Follow Supreme Court Rulings on Internet Shutdowns
Internet Shutdowns to Prevent Cheating: Supreme Court Seeks Clarity from Government
new Delhi: The Supreme Court on Tuesday pressed the Indian government for clarity on the legality of internet shutdowns being implemented by various states to curb cheating during examinations.
The court’s intervention comes amidst growing concerns over the increasing frequency of internet blackouts, often justified as a measure to prevent exam malpractice.
During the hearing, the Center informed the bench, comprising Justices Vikram Nath and P B Varale, that it had issued directives to all state chief secretaries, reminding them of the Supreme Court’s landmark ruling in the Anuradha Bhasin case. This judgment established strict parameters for internet shutdowns, emphasizing the need for necessity and proportionality.
“We have issued specific letters to chief secretaries that there is a judgement in the Anuradha Bhasin case that lays down the law,please follow that law,” the Centre’s counsel stated. “Please ensure that it is indeed not used outside the legislative parameters that have been provided.”
Advocate Vrinda Grover, representing the petitioner, questioned the rationale behind using internet shutdowns as a primary tool to prevent cheating. “There are multiple other ways in which cheating can be prevented,” she argued. “Such internet shutdowns effect economic activity in digital India.”
Grover emphasized that the Anuradha Bhasin judgment clearly outlined the constitutionally permissible grounds for imposing internet shutdowns.
The Centre’s counsel informed the court that Solicitor General Tushar Mehta would be appearing on behalf of the government in the next hearing.
The Supreme Court has scheduled the next hearing for January 29,allowing both parties to submit additional documents and affidavits.
This case highlights the ongoing debate surrounding the balance between security concerns and the basic right to internet access in India. The Supreme Court’s scrutiny of internet shutdowns, particularly in the context of exam malpractice, is highly likely to have critically important implications for digital rights and governance in the country.
Catching cheats or Cutting Access: Supreme Court Probes Legality of Exam-Time Internet Shutdowns
New Delhi: The Supreme Court is demanding answers from the Indian government regarding the increasing trend of internet shutdowns being used to prevent cheating during examinations. The court’s inquiry comes amidst mounting anxieties over the frequency of these blackouts, often enacted by state governments under the guise of curbing exam malpractice.
During a recent hearing, the Center assured the court, comprising Justices Vikram Nath and P B Varale, that it had reminded all state chief secretaries about the landmark Anuradha Bhasin judgment. This ruling established stringent guidelines for internet shutdowns, emphasizing the need for both necessity and proportionality.
“We have issued specific letters to chief secretaries that there is a judgment in the Anuradha Bhasin case that lays down the law, please follow that law,” the Centre’s counsel stated. “please ensure that it is indeed not used outside the legislative parameters that have been provided.”
However, Advocate Vrinda grover, representing the petitioner, questioned the logic behind using internet shutdowns as the primary means to combat cheating. “There are multiple other ways in which cheating can be prevented,” she argued. “Such internet shutdowns effect economic activity in digital India.”
Grover underscored that the Anuradha Bhasin judgment clearly outlined the constitutionally permissible grounds for imposing internet shutdowns.
Solicitor General Tushar Mehta is set to represent the government in the next hearing. The Supreme Court has scheduled the next session for January 29,allowing both parties to present additional documents and affidavits.
This case shines a light on the ongoing debate surrounding the delicate balance between security considerations and the fundamental right to internet access in India. The Supreme Court’s scrutiny of internet shutdowns, notably in the context of exam malpractice, is poised to have far-reaching consequences for digital rights and governance in the country.