In a landmark judgment on Tuesday, the Indian Supreme Court has recognised the immense importance of free expression in the development of India in the 21st century. In its judgment, Supreme Court has restructured India’s constitutional law of free speech for the Internet age. The judgment quotes Shakespeare and excerpts from older case law and very firm on covering the breadth of free speech cases from the United States to older Indian judgments.
This judgment will also prevent the use of government censorship as a weapon in commercial competition. The power of government, under appropriately careful judicial review, to impose constitutionally permissible “reasonable restrictions” on speech in the interest of national security and public order through narrowly specific website blocking orders is however left intact.