“RIGHT TO DIGITAL ACCESS AS A FUNDAMENTAL RIGHT UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA”

AUTHOR – DR. RAJEEV KUMAR SINGH* & SWATI PAL**

* ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS

** STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS

BEST CITATION – DR. RAJEEV KUMAR SINGH & SWATI PAL, “RIGHT TO DIGITAL ACCESS AS A FUNDAMENTAL RIGHT UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1074-1086, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BUDF2903

Abstract

The rapid growth of digital technology has transformed the way individuals access education, employment, healthcare, governance, and information. In contemporary India, internet connectivity is no longer a luxury but an essential requirement for meaningful participation in social and economic life. This paper examines whether the Right to Digital Access can be recognized as an integral part of Article 21 of the Constitution of India, which guarantees the Right to Life and Personal Liberty. The background of the study lies in the judicial expansion of Article 21, where courts have interpreted “life” to include dignity, privacy, livelihood, and other essential rights necessary for a meaningful existence. The central research problem addressed in this paper is whether denial or unreasonable restriction of digital access affects the constitutional guarantee of life and liberty. The study also explores the connection between digital access and other fundamental rights, including freedom of speech and expression, equality, education, and privacy. The research adopts a doctrinal and analytical methodology. It relies on constitutional provisions, landmark judicial decisions, scholarly writings, and government policies related to digital infrastructure. Key judgments concerning privacy and internet restrictions have been examined to understand evolving judicial trends. The findings indicate that digital access is closely linked to the realization of multiple fundamental rights. Although it has not yet been expressly declared as an independent fundamental right, judicial reasoning suggests that access to the internet forms an important part of constitutional freedoms in the digital age. The paper concludes that recognizing digital access within the framework of Article 21 would strengthen democratic participation, promote equality, and ensure that technological progress benefits all sections of society.

Keywords-Article 21, Right to Digital Access, Digital Divide, Internet Shutdown, Fundamental Rights