New Delhi, February 7: Right to the internet is not fundamental and the government can suspend services to maintain law and order or in view of national security, Minister of Electronics and Information Technology Ravi Shankar Prasad told Parliament on Thursday. Ravi Shankar Prasad made the assertion while responding to a question whether the internet is a fundamental right based on a recent Supreme Court observation. Internet Shutdowns in India New Weapon to Crush Dissent? 2019 Sees 94 Disruptions Across 14 States.

During the question hour in Rajya Sabha, Prasad said the exchange of ideas and views through the internet is part of the fundamental right to speech and expressions, but added that it is subject to reasonable restrictions as provided in the Constitution. The Union Minister justified the suspension of internet services in Jammu and Kashmir, saying violence is being spread by Pakistan misusing the internet. 'Dirty Films' Were Being Watched Using Internet in Jammu And Kashmir, Says NITI Aayog Member.

Communication services, including internet, were suspended after the Centre moved to withdraw Jammu and Kashmir's special status, granted under Article 370 in August last year. While hearing a batch of petitions challenging the restrictions imposed in Jammu and Kashmir, the Supreme Court said that the right to access internet was a fundamental right under Article 19 of the Indian Constitution, directing the administration to restore services.

"Freedom of speech and expression through the medium of internet is an integral part of Article 19(1)(a) and accordingly, any restriction on the same must be in accordance with Article 19 (2) of the constitution,” said the apex court. "Freedom of trade and commerce through the medium of the internet is also constitutionally protected under Article 19(1)(g), subject to the restrictions provided under Article 19(6)."

Prasad, however, contested the top court's observation, saying: "The SC has stated that no lawyer argued that right to the internet is a fundamental right. What the top court has commented is that for communication of your ideas and opinions, the use of the internet will also be holding a part of your fundamental right of speech and expression."

"Once the SC has announced that the use of the internet to propagate one's opinion and ideas will be held to be fundamental rights and I will like to flag...this will also be subject to reasonable restrictions...for public order, security and integrity of India," he added. According to reports, there have been 700 instances since 2017 when internet services were suspended, citing law and order situation.

(The above story first appeared on LatestLY on Feb 07, 2020 08:18 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).