Constitutional Liberties and Cyberspace: Analysing the Anuradha Bhasin v Union of India Case and its Impact on Fundamental Rights

Abstract

The right to free speech and expression is a fundamental right guaranteed under Article 19 (1) (a) of part III of the Indian constitution. The fundamental rights act as the constitutional restraints over the state's authority to intervene within the protective gamut of civil liberties of the people. However, the Indian judiciary remains the principal enforcer of the constitutional liberties guaranteed as fundamental rights whenever breached by the state. As the interpreters of the constitution and guardians of civil liberties, the Indian constitutional courts have consistently acted to protect people from state-authorised interventions in their respective domains of fundamental rights. To this concept, this research article by Rebant Juyal attempts to study the landmark judgment of the Indian Supreme Court in the case of Anuradha Bhasin v Union of India, where the court upheld the fundamental right of people to express their speech and expression on the internet.