Anuradha Bhasin v. Union of India 2020: Navigating Civil Liberties and National Security in the Digital Era

This paper critically examines the jurisprudential evolution of digital rights within India’s constitutional framework through the landmark case Anuradha Bhasin v. Union of India (2020). Following the constitutional restructuring of Jammu and Kashmir, the Supreme Court’s intervention addressed fundamental questions regarding state power, democratic freedoms, and security imperatives in the digital age. The Court’s reasoning, anchored in the doctrine of proportionality, establishes a novel framework for evaluating internet restrictions while expanding the scope of Articles 19(1)(a) and 19(1)(g). Although the judgment stops short of establishing internet access as a fundamental right, it significantly advances the discourse on digital constitutionalism by mandating procedural safeguards, governmental transparency, and periodic review of restrictive measures. This judicial intervention not only recalibrates the security-liberty paradigm but also contributes to the emerging global jurisprudence on digital rights.