Access to Internet as a Fundamental Right: Cyberspace Governance and Inclusive Socio-Economic Justice in India

The rapid digitalisation of governance, commerce, education, and social interaction has transformed the internet from a technological utility into a foundational condition for the exercise of fundamental rights and socio-economic participation. In India, this transformation has received judicial recognition, particularly in Anuradha Bhasin v. Union of India, where the Supreme Court affirmed the integral role of internet access in the exercise of freedoms under Articles 19 and 21. The issue gained further prominence following the prolonged internet shutdown in Jammu and Kashmir after the abrogation of Article 370 of the Constitution of India, highlighting the tension between national security and digital civil liberties. This paper examines the emerging recognition of internet access as a fundamental right and its implications for cyberspace governance and inclusive socio-economic justice. It argues that equitable access is indispensable for realising constitutional guarantees of equality, dignity, education, and livelihood. At the same time, the persistent digital divide—shaped by socio-economic and structural barriers—continues to exclude marginalised communities from meaningful participation in digital governance and economic processes. The paper further analyses the role of the state in ensuring accessible, affordable, and non-discriminatory digital infrastructure while maintaining a balance with concerns of cybersecurity, surveillance, and privacy. It concludes that the constitutional recognition of internet access must be complemented by rights-based governance frameworks aimed at reducing structural inequalities and strengthening democratic participation in India’s digital landscape.