The Assam Government has decided that internet services will be closed in the state from 10 am to 1:30 pm on September 15. Actually, the state government is doing this to prevent cheating in the recruitment examination for government jobs. But now the question arises whether any Chief Minister or state government can shut down internet services in a state like this. Let us tell you in this article today under what circumstances a state government can shut down internet services.
When can internet be shut down?
In a democratic country like India, shutting down internet services is a very sensitive and serious decision for the Chief Minister of a state. This step is taken when there is a need to maintain the security or peace of the state. Apart from this, internet services are also shut down to prevent communal violence, terrorism or the spread of any such rumor that may threaten the unity and integrity of the country. However, even in that situation, many legal and constitutional procedures have to be followed to do so.
Under which law is the internet shut down
The legal framework for internet shutdowns in India is laid down under the Indian Telegraph Act, 1885. According to Section 5(2) of this Act, the central government or state governments may suspend internet services for the purpose of protecting national security, security of the state, public order or to prevent any criminal activity.
Is the internet shut down on the orders of the CM?
Let us tell you, the order to shut down the internet cannot be issued directly with the signature of the Chief Minister. Rather, this decision is taken under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 of the Government of India. You also know it as “Suspension Rules”. According to this rule, the Chief Secretary of the state or the Principal Secretary of the Home Department has to issue the order, and this order must be passed by the Home Ministry.