A background to Section 66A of the IT Act, 2000
Distilled Policy Brief
- The Supreme Court struck down Section 66A of the IT Act, 2000 as unconstitutional for violating Article 19(1)(a) freedom of speech.
- Section 66A criminalised sending grossly offensive messages, faced criticism for vague language and duplication with the IPC, and the central government issued guidelines requiring prior police approval before filing a complaint or arrest, a requirement later reinforced by the Supreme Court in May 2013.
🎯 Prelims High-Yield Examination Points
Constitutional validity of Section 66A vis‑à‑vis Article 19(1)(a) freedom of speech.
⚖️ Mains Analytical & Syllabus Linkages
Balancing freedom of speech with cyber‑crime regulation; need for narrowly defined offences and de‑duplication with the IPC.
🎯 UPSC Prelims Practice Drill
The Supreme Court struck down Section 66A of the Information Technology Act, 2000 on the ground that it violated which provision of the Constitution of India?
- [A] Article 19(1)(a) – Freedom of speech and expression
- [B] Article 21 – Right to life and personal liberty
- [C] Article 14 – Equality before law
- [D] Article 32 – Right to constitutional remedies
▶ Reveal Official Answer & Analytical Explanation
The Court held that Section 66A curbed the freedom of speech and expression guaranteed under Article 19(1)(a). The other articles mentioned are unrelated to the basis of the judgment.
🏛️ Historical Twin PYQ Anchor (2021)
Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.