Access to internet is a fundamental right, rules Indian SC

India's Supreme Court today ruled that the right to access the internet is a fundamental right under Article 19 of the Constitution and ordered restoration of internet services in all institutions providing essential services like hospitals and educational centres.

A five-member bench of the court asked the Jammu and Kashmir administration to review in a week all orders of suspension of internet services and put them in public domain, our New Delhi correspondent reports. 

The suspending of internet in Jammu and Kashmir was ordered after the controversial move of scrapping the special Constitutional status of Jammu and Kashmir under Article 370 of the Constitution in August last year.

"Suspending internet should be reviewed forthwith. Such suspension can only be for a limited time period and is subject to judicial review," the apex court said on petitions challenging the restrictions imposed in Jammu and Kashmir following the scrapping of provisions of Article 370.

"Suspension of free movement, Internet and basic freedoms cannot be an arbitrary exercise of power," said the court.

"Freedom of speech and expression includes the right to internet within Article 19," said Justice NV Ramana reading out the judgement.

The court criticised the use of the colonial era Section 144 which prohibits gathering of more than four persons in Jammu and Kashmir which bifurcated into two federally-ruled territories as part of Prime Minister Narendra Modi government's decision to scrap Article 370. "It can't be used as a tool to oppress difference of opinion," the judge said.

"Our limited concern is to find a balance regarding security and liberty of people. We are here to ensure citizens are provided their rights. We will not delve into the political intent behind the orders given," said Justice Ramana, beginning by quoting from Charles Dickens' novel "A Tale of Two Cities".

"Test of proportionality needs to be satisfied. This freedom can only be restricted after relevant factors are considered and only if there are no other options," the judge said.

The top court bench also includes Justice R Subhash Reddy and Justice BR Gavai.

The Indian government had justified the curbs imposed in militancy-hit Jammu and Kashmir after Article 370 was withdrawn on security grounds and later said that due to the preventive steps taken, neither a single life was lost nor a single bullet fired.