Internet Suspensions and Separation of Powers: changing the equation. Issue 2 (3rd April 2021)

• Record Type: Journal Article
• Authors: Kaushik, Devansh; Aggarwal, Vasu
• Is Part Of: Commonwealth law bulletin. Volume 47:Issue 2(2021)
• Page Start: 214
• Page End: 230
• Publication Date: 2021-04-03
• Subjects: Law -- Commonwealth countries -- Periodicals; 349.11241
• DOI: 10.1080/03050718.2020.1834423
• Languages: English
• ISSNs: 0305-0718

Abstract

Abstract : The Internet, a medium of communication, commerce and governance, is increasingly subjected to government control, like absolute Internet Suspensions. India, the world's largest democracy, has had the largest number of such Suspensions in recent years. This is due to its internet suspension legal regime not conforming to separation of powers. In 2020, the Supreme Court in Anuradha Bhasin, extended constitutional protection to freedom of online expression. However, it failed to address the concentration of power in the Executive, and the Review mechanism being inconsistent with Principles of Natural Justice. The paper draws a comparison to the United Kingdom and the United States jurisdictions which conform to Separation of Powers, through legislative and judicial oversight respectively. These insights are utilized to devise a policy reform for India. The Suspension Rules should be replaced by a validly enacted legislation, with a review mechanism consistent with Principles of Natural Justice and with ex-ante remedies.