Digital Access as Fundamental Right

Table of contents

In a landmark judgment (April 2025), the Supreme Court of India declared digital access to essential services as a Fundamental Right under Article 21, recognising that digital exclusion now amounts to socio-economic deprivation.
As governance, welfare delivery, education, healthcare, and employment increasingly shift to digital platforms, bridging the digital divide becomes essential for ensuring equity, inclusion, and justice.

Digital Access as a Fundamental Right: Constitutional Dimensions

Article 21 – Right to Life and Dignity: Digital access is essential for dignity, livelihood, and a meaningful life. Services like banking, healthcare, and education now rely on digital interfaces.
Article 14 – Substantive Equality: The Court emphasised that digital systems should be sensitive to physical disabilities and socio-economic diversity, avoiding a one-size-fits-all approach.
Directive Principles – Article 38(2): Ensuring digital inclusion is a constitutional obligation that reduces income, status, and opportunity inequalities.

Landmark Judgments Promoting Digital Empowerment in India

Maneka Gandhi v. Union of India (1978): Expanded Article 21 to include fairness and reasonableness, laying the groundwork for digital rights.
Faheema Shirin v. State of Kerala (2019): Recognised internet access as integral to the Right to Life and Education under Articles 21 and 21A.
Anuradha Bhasin v. Union of India (2020): Held internet access as essential to freedom of speech and profession under Articles 19(1)(a) and 19(1)(g).
K.S. Puttaswamy v. Union of India (2017): Affirmed privacy as a fundamental right, emphasising the necessity of data protection in digital governance.

Key Highlights of the SC Ruling

Reinterpretation of Right to Life: SC reaffirmed that access to digital services forms an intrinsic component of Article 21, ensuring dignity, autonomy and participation in a digitised society.
Substantive Justice Approach rather than merely procedural, interpretation of rights to ensure real and meaningful access to essential services for all.
Sabu Mathew George v. Union of India: SC held that digital platforms must not enable discriminatory practices, hence must be made accountable to constitutional rights.
Anuradha Bhasin v. Union of India: SC held that access to internet is integral to freedom of expression & trade, implying state’s duty to ensure continuity and accessibility of digital platforms.
Revision of e-KYC Norms: Directed overhaul of digital Know Your Customer (KYC) guidelines to accommodate persons with facial disfigurement or visual impairments.
Inclusive Design Mandate: Need for a universal design approach in digital infrastructure ensuring usability including persons with disabilities, acid attack survivors, elderly, rural poor & linguistic minorities.
Accessibility in Critical Services: Declared that all portals, govt, fintech, education, must be universally accessible to fulfil constitutional obligations under Articles 14, 15, 21 and 38.
Recognition of Rights Under Disability Law: Held that digital exclusion of PwDs violates Rights of Persons with Disabilities Act, 2016, a statutory right to accessibility & reasonable accommodation.

Implications of the Supreme Court Ruling

Inclusion & Social Equity: SC’s recognition of digital access under Article 21 furthers SDG-1 & SDG-10; 70% rural students lacked online education during COVID-19 (ASER 2021).
Governance & Service Delivery: Over 100 welfare schemes, like PM-KISAN & Ujjwala, rely on Aadhaar-based authentication; SC modified KYC norms for acid attack survivors to ensure inclusive access.
Economic Empowerment: Limited digital access hampers livelihoods and entrepreneurship; 59% of rural India still lacks internet connectivity (GSMA 2023).
Bridging the Digital Divide: Despite 86% teledensity, only 4.5% use wired broadband; most platforms exclude users by supporting just 4 of 22 scheduled languages (NASSCOM).
Privacy & Security: 84 internet shutdowns in 2023 and growing Aadhaar-linked data breaches raise critical concerns over digital rights and trust in governance.

Previous Expansion of the Understanding of Article 21

Right to Livelihood – Olga Tellis v. Bombay Municipal Corporation (1985): Held that the right to life includes the right to livelihood as a condition for living with dignity.
Right to Clean Environment – Subhash Kumar v. State of Bihar (1991): Recognised a pollution-free environment as essential to enjoying the right to life.
Right to Education – Mohini Jain v. State of Karnataka (1992): Prior to the enactment of Article 21A, education was read into Article 21 as necessary for individual freedom and dignity.
Right to Privacy – Justice K.S. Puttaswamy v. Union of India (2017): Affirmed that privacy is a fundamental right implicit in Article 21, influencing the handling of digital data and personal information.
Right to Die with Dignity – Common Cause v. Union of India (2018): Recognised passive euthanasia and living wills as an extension of the right to die with dignity under Article 21.

Challenges in Realising Digital Access as a Fundamental Right

Infrastructure Gaps: Rural India has only 59% internet penetration vs. 94% in urban areas, reflecting severe last-mile connectivity gaps (GSMA, 2023).
Affordability Barriers: Around 30% of Indians cannot afford essential digital tools like smartphones or data plans, limiting meaningful access (TRAI, 2024).
Digital Illiteracy: Over 60% of rural adults lack basic digital skills, excluding them from e-governance, banking, and online education (ASER, 2023).
Language Exclusion: Government digital platforms support just 4 of 22 scheduled languages, marginalizing nearly 80% of linguistic users (NASSCOM).
Privacy and Shutdowns: India witnessed 84 internet shutdowns in 2023, disrupting services and raising concerns over digital rights and Aadhaar-linked data privacy.

Way Forward

Strengthen Digital Infrastructure: Accelerate BharatNet, last-mile fiber rollout, and affordable 5G expansion, especially in underserved and aspirational districts.
Subsidise Devices and Connectivity: To bridge affordability gaps, provide economically weaker sections with low-cost smartphones, tablets, and subsidized data plans.
Universal Digital Literacy: Expand PMGDISHA, integrate digital literacy in school curricula and Panchayat-level training, leveraging CSCs, SHGs, and ASHA workers for grassroots outreach.
Promote Language and Accessibility Inclusion: Ensure government digital platforms support all 22 scheduled languages and adopt voice-based interfaces for non-literate and elderly users.
Strengthen Privacy and Data Protection: Implement the Digital Personal Data Protection Act effectively, ensuring consent-based data usage and Aadhaar security.
Build Inclusive Digital Public Infrastructure: Scale up interoperable and citizen-centric platforms like UPI, ONDC, DIKSHA, and ABHA to democratise access to services across sectors.

The Supreme Court’s recognition of digital access as a Fundamental Right under Article 21 is crucial for ensuring equity, dignity, and opportunity. Bridging the digital divide through inclusive policies and infrastructure will empower citizens and promote a digital, just India.

Reference: The Times of India

PMF IAS Pathfinder for Mains – Question 181

Q. In light of the Supreme Court’s 2025 judgment, examine the constitutional and developmental significance of recognising digital access as a Fundamental Right under Article 21. (150 Words) (10 Marks)

Approach

Introduction: Introduce the 2025 Supreme Court judgment recognising digital access as a Fundamental Right under Article 21, emphasising its significance for a dignified life and meaningful participation.
Body: Discuss the constitutional and developmental significance of recognising digital access as a fundamental right.
Conclusion: In conclusion, recognising digital access as a fundamental right is crucial for inclusive development.