Legal Article

Supreme Court Upholding Digital Freedom in India

Shivendra Pratap Singh


High Court Lucknow


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Published on: 3 Aug, 2023

Introduction: In an era where technology is deeply embedded in our daily lives, the preservation of digital freedom becomes paramount. The Supreme Court of India, over the years, has played a pivotal role in ensuring that the constitutional rights of citizens extend to the digital domain.

Landmark Judgments:

  1. Shreya Singhal vs. Union of India (2015):
    • Issue: The constitutional validity of Section 66A of the IT Act, which criminalized the sending of “offensive” messages online.
    • Verdict: The Supreme Court struck down Section 66A, declaring it unconstitutional. The Court held that the section was vague and overbroad, thus chilling free speech. The decision was hailed as a landmark in the protection of online freedom of expression in India.
  2. Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017):
    • Issue: The right to privacy in the digital age, especially concerning the Aadhaar project.
    • Verdict: The Supreme Court, in a historic judgment, recognized the right to privacy as a fundamental right under the Constitution. It emphasized the need to protect personal data in the age of digital technology, laying the groundwork for data protection reforms.
  3. Anuradha Bhasin vs. Union of India (2020):
    • Issue: Restrictions on the internet and telecommunications in Jammu and Kashmir.
    • Verdict: The Court recognized that freedom of speech and expression and the freedom to carry on trade or business using the internet are constitutionally protected rights. It ordered the administration to review the restrictive orders, emphasizing the principle of proportionality and reasonableness.

Significance of These Verdicts:

  1. Recognition of Digital Space: The judgments have reiterated that freedoms and rights recognized in the Constitution also apply to the digital realm. In essence, the Supreme Court acknowledged the changing landscape of communication.
  2. Balancing Act: The apex court, through these judgments, balanced the need for national security and public order with individual rights, ensuring that neither trumps the other without reasonable justification.
  3. Empowering Digital India: These decisions are essential for the success of initiatives like “Digital India,” ensuring that technological advancements don’t come at the cost of fundamental freedoms.

Challenges Ahead:

While these judgments have set strong precedents, the dynamics of technology pose continuous challenges. Issues like cyberbullying, misinformation, and the monopolistic behavior of tech giants need judicial introspection in light of individual rights and freedoms.


The Supreme Court, by upholding digital freedom, has ensured that the Constitution remains a living document, relevant and adaptive to the changing times. As technology continues to evolve, the judiciary’s role in interpreting and protecting rights in the digital domain becomes ever more crucial, making these judgments not just verdicts of the present but guidestones for the future.