INTERNET SHUTDOWNS AS A GOVERNANCE TOOL: HAS PROPORTIONALITY LOST ITS TEETH?

In today's digital world, access to the internet is no longer a luxury, it is essential to the meaningful exercise of fundamental rights. Freedom of speech and expression, the ability to trade, access education, receive healthcare, and participate in political life are all now closely tied to internet connectivity. Yet, despite this reality, governments across the globe and particularly in India have increasingly turned to internet shutdowns as a way to manage public order, curb violence, or suppress unrest. What was once meant to be an exceptional response to extraordinary situations has gradually become a routine instrument of governance. Under Indian constitutional law, any restriction on fundamental rights must pass the test of proportionality. Courts have repeatedly affirmed that internet shutdowns are no exception. Still, the sheer frequency, wide geographical scope, and prolonged duration of these shutdowns raise a troubling question: has proportionality lost its teeth? This article examines whether the doctrine continues to function as a meaningful constitutional safeguard, or whether it has been reduced to a formal checkbox with little real impact on executive power.