Internet shutdowns in India: the law, the limits, your options
Who can suspend the internet under the Telecommunications Act 2023 and the 2024 Rules, the 15-day limit, what Anuradha Bhasin requires, and what you can do.
In short
- Only the Union Home Secretary or a State Home Secretary can order an internet suspension, under Sec 20(2)(b) Telecommunications Act, 2023 and the 2024 Suspension Rules.
- Every order must be written, give reasons, name the area, and be published. One order cannot exceed 15 days. A review committee must examine it within five days.
- The Supreme Court in Anuradha Bhasin (2020) held that shutdowns must be necessary, proportionate and the least restrictive option. Indefinite shutdowns are illegal.
- If you are affected: find the order, record your losses, file an RTI if the order is hidden, and consider a High Court writ petition. Legal aid: 15100.
When the internet is switched off, a student misses an online exam, a shopkeeper cannot take UPI payments, and a gig worker cannot log in. India has seen more shutdowns than almost any other country, some lasting hours and some months. The government does have a legal power to suspend services. But that power has clear limits, and knowing them tells you when a shutdown is unlawful and what you can do.
The law that allows a shutdown
The power comes from Sec 20(2)(b) of the Telecommunications Act, 2023. It allows the Central or a State Government, on a public emergency or in the interest of public safety, to direct that telecommunication services be suspended, for reasons such as public order or preventing incitement to an offence. It replaced the old power under the Indian Telegraph Act, 1885.
The procedure is in the Telecommunications (Temporary Suspension of Services) Rules, 2024, notified on 22 November 2024. They replaced the 2017 rules. Under the 2024 Rules:
- Who can order. The "competent authority" is the Union Home Secretary for the Centre, or the Secretary of the State Home Department for a state. A District Magistrate or police officer cannot order a shutdown on their own.
- Emergency orders. Where it is not feasible for the competent authority to act, an authorised officer of at least Joint Secretary rank may issue the order, but it lapses unless the competent authority confirms it within 24 hours.
- Contents. The order must state reasons, the geographic area and the duration, and must be published.
- Review. A review committee of top officials (headed by the Cabinet Secretary at the Centre, the Chief Secretary in a state) must meet within five days of the order and record whether it meets the legal test.
- Duration. A single suspension order cannot last more than 15 days.
Two other powers are often confused with a shutdown. Sec 69A of the IT Act, 2000 lets the Central Government block particular websites, apps or posts; that is content blocking, not a service shutdown. And a Sec 163 BNSS prohibitory order (old Section 144) restricts gatherings and acts in an area; after Anuradha Bhasin it is not a proper basis for cutting off the internet.
What the courts have said
The leading case is Anuradha Bhasin v. Union of India (2020), decided after the long shutdown in Jammu and Kashmir. The Supreme Court held:
- Freedom of speech and the freedom to carry on trade or business over the internet are protected under Art 19(1)(a) and Art 19(1)(g).
- A shutdown restricts these rights, so it must be necessary, proportionate and the least restrictive option. The government must consider narrower steps, such as blocking specific sites or limiting the area, before a blanket shutdown.
- An indefinite suspension is not permissible, and orders must be reviewed periodically.
- All suspension orders must be published, so that affected people can challenge them in court.
Earlier, in Faheema Shirin v. State of Kerala (2019), the Kerala High Court held that internet access is part of the right to education and the right to privacy under Art 21. The 2024 Rules write several of the Anuradha Bhasin safeguards, such as publication and a time limit, into the law itself.
How it works in practice
Most shutdowns are mobile data suspensions in a district or a few police station areas, during communal tension, protests or, controversially, to stop cheating in recruitment exams. Broadband is often left on. Voice calls and SMS usually continue, so 112 and other helplines still work. Some orders are renewed every 15 days for long periods; each renewal is a fresh order that must meet the same tests and go to the review committee. Whether exam-related shutdowns are "public emergencies" at all is contested.
Step by step: what you can do
- Find the order. Check the State Home Department website, the district website, newspapers and official social media accounts. Save a copy with the date.
- Record your losses. Note dates, hours and areas affected, and what you lost: a missed exam or interview, cancelled orders, failed payments, delayed treatment. Keep receipts and screenshots.
- File an RTI if the order or the review committee's findings are not public. Ask the State Home Department for the order, its reasons, and the review committee's minutes. The fee is Rs 10 and the reply is due within 30 days.
- Write to the authority. Ask the Home Secretary and the District Magistrate to lift or narrow the shutdown, citing Anuradha Bhasin and the 15-day limit.
- Go to the High Court. An affected person, business or association can file a writ petition under Art 226 against an order that is unpublished, unreasoned, too broad or repeatedly renewed. Attach the order and proof of your losses.
- Get help. Call NALSA's free legal aid line 15100 or visit the District Legal Services Authority.
Sunita runs a small boutique and takes 80 per cent of payments by UPI. Mobile data in her district is suspended for "law and order" after a local clash, and then renewed twice. By the third week, her sales have halved. She finds the orders on the Home Department website, notes that the second and third orders repeat the first word for word, and keeps her daily sales records showing the drop. With help from the District Legal Services Authority, she and four other traders file a writ petition in the High Court. The court asks the State to explain why a district-wide suspension was still needed, and the State narrows it to two police station areas.
Staying safe during a shutdown
Keep emergency numbers on paper and some cash at hand. Download offline maps and important documents if a shutdown seems likely. Rumours spread fast when information is scarce; rely on official announcements, and remember that spreading alarming false news can itself be an offence under Sec 353 BNS.
Keep these ready
- A copy of the suspension order and each renewal, with dates.
- A dated log of the hours and areas without service.
- Proof of loss: sales records, failed transaction screenshots, exam or interview notices, medical appointments.
- Your RTI application and any reply.
- Identity and business proof if you plan to file a petition.
A District Magistrate's "Section 144" notice is not a valid internet suspension order. Only the Home Secretary (or a Joint Secretary-level officer, confirmed within 24 hours) can order one under the 2024 Rules. If a shutdown is running on a local order alone, it is open to challenge.
Where to go
- State Home Department (the competent authority) and the District Magistrate, to get the order and ask for it to be lifted or narrowed.
- RTI to the Home Department for the order and review committee minutes; online for Central bodies at rtionline.gov.in.
- High Court writ petition under Art 226; Supreme Court under Art 32 in exceptional cases.
- Free legal aid 15100 (NALSA); emergency 112 (voice calls usually work during data shutdowns).
Common questions
Who can order an internet shutdown in India?
Under the 2024 Suspension Rules, only the Union Home Secretary or a State Home Secretary. In an emergency an officer of at least Joint Secretary rank authorised by them can issue the order, but it dies unless confirmed within 24 hours. A District Magistrate or police chief cannot order a shutdown on their own.
How long can a shutdown legally last?
A single order cannot exceed 15 days. The government can issue a fresh order after that, but each one must give reasons, be published and go before the review committee within five days. The Supreme Court has held that indefinite shutdowns are unconstitutional.
Can I claim compensation for losses during a shutdown?
There is no automatic compensation under the Act or Rules. A High Court can award compensation in a writ petition if it finds the shutdown unlawful, but this is rare and depends on the facts. Detailed records of your losses are essential for any such claim.
Is an internet shutdown the same as blocking a website?
No. Blocking under Sec 69A of the IT Act stops access to specific websites, apps or posts across the country. A suspension under the Telecommunications Act cuts off the service itself in an area. Different officers, procedures and safeguards apply to each.
Do shutdowns for exams count as a "public emergency"?
This is disputed. Several states have suspended mobile data to prevent cheating in recruitment exams. Critics argue that is not a public emergency or a public safety need under Sec 20. A writ petition is the way to test such an order; keep proof of your losses.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
