Context and Overview

India recorded 65 internet shutdowns in 2025, the lowest since 2017, marking a significant decline from 106 shutdowns in 2023 (Software Freedom Law Center, 2026). These shutdowns were imposed across various states and Union Territories, primarily under the Indian Telegraph Act, 1885, and the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. Globally, the Asia Pacific region witnessed 195 shutdowns across 11 countries in 2025, with India accounting for a reduced share compared to previous years (Access Now, 2026). This decline reflects a cautious approach by Indian authorities towards digital restrictions amid growing concerns over economic losses and constitutional scrutiny.

Legal Framework Governing Internet Shutdowns in India

The primary legal authority for internet shutdowns is Section 5(2) of the Indian Telegraph Act, 1885, which empowers the central and state governments to suspend telecom services during a "public emergency" or in the interest of "public safety." However, the Act does not define these terms, leaving scope for broad executive discretion. Until 2017, internet shutdowns were predominantly ordered under Section 144 of the Code of Criminal Procedure (CrPC), 1973, which authorizes magistrates to prohibit unlawful assemblies and activities.

• The Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 introduced procedural safeguards, including mandatory review of shutdown orders by an advisory board within five days.
• The advisory board comprises technical and legal experts tasked with assessing the proportionality and necessity of the suspension.
• Despite these safeguards, the rules lack clarity on the definitions of "public emergency" and "public safety," enabling discretionary shutdowns without uniform standards.

The Supreme Court ruling in Anuradha Bhasin v. Union of India (2020) clarified that indefinite internet shutdowns violate the constitutional right to freedom of speech and expression under Article 19(1)(a). The Court mandated that shutdown orders must be necessary, proportionate, and subject to judicial review, emphasizing transparency and accountability.

Economic Impact of Internet Shutdowns

Internet shutdowns impose significant economic costs. According to the Software Freedom Law Center (2022), India loses approximately $2.8 billion annually due to such disruptions. The reduction to 65 shutdowns in 2025 suggests a potential decrease in economic losses compared to previous years.

• India’s digital economy is projected to reach $1 trillion by 2025 (NITI Aayog, 2023), driven by sectors like e-commerce, fintech, and IT services.
• Shutdowns disproportionately impact Micro, Small and Medium Enterprises (MSMEs), which contribute nearly 30% to India’s GDP (Ministry of MSME, 2024) and rely heavily on uninterrupted internet for operations.
• Frequent disruptions undermine investor confidence and digital innovation, slowing growth in the technology sector.

Key Institutions Involved in Internet Shutdowns

• Department of Telecommunications (DoT): Executes shutdown orders issued by the government.
• Telecom Regulatory Authority of India (TRAI): Advises on telecom policy but does not directly authorize shutdowns.
• Advisory Board under Temporary Suspension Rules: Reviews shutdown orders within 5 days to assess legality and necessity.
• Supreme Court of India: Adjudicates constitutional challenges and sets legal precedents.
• Ministry of Electronics and Information Technology (MeitY): Formulates digital governance policies and promotes internet access.

Comparative Analysis: India vs United States

Critical Legal and Policy Gaps

• The absence of precise definitions for "public emergency" and "public safety" in the Indian Telegraph Act and Temporary Suspension Rules leads to discretionary shutdowns.
• Lack of mandatory judicial approval before shutdowns undermines accountability.
• Transparency deficits persist, as shutdown orders and advisory board decisions are not routinely published.
• Section 144 CrPC continues to be invoked informally despite the 2017 rules, creating legal ambiguity.

Significance and Way Forward

• The reduction to 65 shutdowns in 2025 signals a cautious shift towards regulated and legally scrutinized internet restrictions.
• Reforming the Indian Telegraph Act to include clear definitions and mandatory judicial oversight would reduce arbitrary orders.
• Institutionalizing transparency by publishing shutdown orders and advisory board reports would enhance accountability.
• Strengthening digital rights frameworks and aligning with international best practices, as seen in the US, can protect freedom of expression while addressing security concerns.
• Given the digital economy’s growth trajectory, minimizing shutdowns is essential for economic stability and MSME resilience.

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