Tuesday, May 28, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

CASE LAWSCONSTITUTIONLEGAL AFFAIRS

INTERNET + ART 19(1) (a) & 19(1) (g)

Anuradha Bhasin v Union of India & Ghulam Nabi Azad v Union of India

We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g).

The restriction upon such fundamental rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality. The globalization of the Indian economy and the rapid advances in information and technology have opened up vast business avenues and transformed India as a global IT hub.

There is no doubt that there are certain trades which are completely dependent on the internet. Such a right of trade through internet also fosters consumerism and availability of choice. Therefore, the freedom of trade and commerce through the medium of the internet is also constitutionally protected under Article 19(1)(g), subject to the restrictions provided under Article 19(6).

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