Daily
250 words
7/10
Rating

17 July 2026

Kunal Kamra's plea against IT Rules

The topic involves a legal challenge to the IT Rules 2021, raising significant constitutional questions regarding freedom of speech under Article 19(1)(a), the separation of powers, and the federal distribution of legislative authority.

2 min read 2 questions 1 prelims

Notes

  • Kunal Kamra has challenged the constitutional validity of the 2025 amendment to Rule 3(1)(d) of the IT Rules, 2021, and the Sahyog Portal in the Bombay High Court.
  • The petitioner argues that the current framework enables content takedowns without adequate safeguards, potentially violating Article 19(1)(a) (freedom of speech and expression).
  • The plea contends that the Sahyog Portal creates a parallel content-blocking mechanism that bypasses the established safeguards under Section 69A of the IT Act, 2000.
  • The petition alleges that the portal allows for content blocking without prior notice to users, which is argued to be a violation of the principles of natural justice.
  • The challenge asserts that the rules are ultra vires the IT Act and inconsistent with the Supreme Court's ruling in Shreya Singhal v. Union of India (2015).
  • The petitioner contests the delegation of information-blocking powers to States and departments, arguing these fall under the Centre's exclusive legislative domain (List I, Seventh Schedule).
  • The Karnataka High Court previously held that the portal serves as a mechanism for cooperation between intermediaries and government agencies rather than an instrument of censorship.

Questions

  1. Examine the constitutional challenges associated with the regulation of digital content and the balance between state authority and the fundamental right to freedom of speech and expression under Article 19(1)(a). 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. Discuss the evolution of the legal framework governing intermediary liability in India. How do the IT Rules, 2021, and subsequent amendments align with the principles laid down in the Shreya Singhal v. Union of India (2015) judgment regarding content-blocking mechanisms? 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which of the following legal provisions is primarily associated with the government's power to issue directions for blocking public access to information?