All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

Practice Mode:
44.

Anuradha Bhasin Vs Union of India on 10 January, 2020 relates to a challenge under Article 32 of the Constitution seeking issuance of an appropriate writ

A: for setting aside order of the Government by which all modes of communication including internet have been shut down in J&K
B: for setting aside orders of the Government by which private property was sought to be acquired in J&K
C: for setting aside orders of the Government by which J&K was constituted as a UT
D: For setting aside orders of the Government by which Ladakh was separated

The answer is: A

Explanation

The correct option is A. Anuradha Bhasin Vs Union of India on 10 January, 2020 relates to a challenge under Article 32 of the Constitution seeking issuance of an appropriate writ for setting aside order of the Government by which all modes of communication including internet have been shut down in J&K.

The petitioners, who are journalists and politicians, argued that the internet shutdown and movement restrictions violated their fundamental rights under Article 19 of the Constitution, which guarantees freedom of speech and expression and freedom to practice any profession. The Supreme Court, in its judgment, declared that the internet is a medium of expression and a tool for trade and commerce, and therefore enjoys constitutional protection under Article 19. However, the court did not quash the orders of the government, but directed them to review the necessity and proportionality of the restrictions and publish all the orders in the public domain. The court also laid down some guidelines for imposing internet shutdowns and restrictions under Section 144 of the CrPC in the future.