Section 66A of the IT Act struck down as unconstitutional by Supreme Court of India

 


Section 66A of the Information Technology Act, a law it struck down as unconstitutional in March 2015. 

The Supreme Court of India invalidated Section 66A of the Information Technology Act of 2000 in its entirety. 

The Supreme Court of India initially issued an interim measure in Singhal v. Union of India, (2013) 12 S.C.C. 73, prohibiting any arrest pursuant to Section 66A unless such arrest is approved by senior police officers.  In the case in hand, the Court addressed the constitutionality of the provision. 

The main issue was whether Section 66A of ITA violated the right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India. As an exception to the right, Article 19(2) permits the government to impose “reasonable restrictions . . . in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offense.”



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