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Censorship After NEET: A substitute for accountability

Days before the NEET (UG) 2026 re-examination scheduled for June 21, the Union government took the unprecedented step of blocking Telegram across India. Acting on recommendations made by the National Testing Agency (NTA), the Ministry of Electronics and Information Technology (MeitY) reportedly issued directions under Section 69A of the Information Technology Act, 2000, restricting access to the platform until June 22. In addition, Telegram has reportedly been directed to disable its message-editing feature for Indian users until June 30.

 

The government has justified these measures as a response to organised examination fraud, alleged paper-leak scams and misinformation campaigns. According to statements carried by Mint, WION and other media outlets, authorities identified several Telegram channels allegedly offering access to examination papers in exchange for money. The NTA further claimed that Telegram’s message-editing feature had been exploited to create fabricated evidence of paper leaks by allowing administrators to insert examination papers into older messages while retaining original timestamps.

The importance of maintaining the integrity of national examinations cannot be disputed. The future of lakhs of students depends upon a fair and credible examination process, and organised cheating networks undoubtedly deserve stringent action. However, the constitutional question raised by the Telegram ban is not whether examination fraud should be prevented. The question is whether the State can suspend access to an entire communication platform used by millions because some actors are allegedly misusing it. Once that question is asked, the government’s decision begins to appear far less straightforward than official statements suggest.

The real problem is not Telegram

The government’s explanation begins from a fundamentally flawed premise. The recurring problem in India’s examination system is not Telegram, WhatsApp or any other communication platform. Paper leaks do not originate on social media. They originate within the examination apparatus itself. Every leak necessarily begins somewhere in the chain of printing, storage, transportation, administration or distribution of examination materials. By the time a question paper appears on a messaging platform, the breach has already occurred.

Detailed report on paper leaks may be read here.

This distinction is critical because it reveals the extent to which the government’s response is directed at symptoms rather than causes. Telegram may be one of the channels through which leaked material is circulated, but it is not the source of the leak. The source lies within the institutions responsible for safeguarding examination integrity. A serious response to examination fraud would therefore focus on identifying vulnerabilities within the examination system itself: who had access to the papers, how the chain of custody was compromised, where security protocols failed and what reforms are required to prevent future breaches.

Instead, the government’s intervention directs public attention towards the platform through which information allegedly travels. This approach risks obscuring the more uncomfortable reality that examination fraud is ultimately a governance failure. Blocking Telegram may create the appearance of decisive action, but it does little to address the institutional weaknesses that make such fraud possible in the first place.

The NTA’s own explanation undermines the ban

Perhaps the most striking aspect of the government’s justification is that it appears to undermine the necessity of the measure it seeks to defend. The NTA’s own statement acknowledges that the Indian Cyber Crime Coordination Centre (I4C), state police forces and specialised cybercrime units had already identified and removed numerous Telegram channels, groups and bots allegedly involved in examination fraud. Law enforcement agencies had reportedly conducted investigations, tracked financial transactions and made arrests.

These admissions raise a difficult question for the government. If authorities were already capable of identifying specific channels and specific offenders, why was it necessary to block the entire platform? If targeted interventions were available and functioning, what justified the escalation to a nationwide platform-wide restriction affecting millions of lawful users?

The significance of these questions becomes even clearer when viewed through constitutional principles. Democracies do not permit governments to adopt the broadest possible restriction merely because it is administratively convenient. The burden lies on the State to demonstrate why less restrictive alternatives were inadequate. Yet the government’s own account suggests that channel-level takedowns, criminal investigations and targeted enforcement actions were already underway. The NTA therefore appears to have supplied the strongest argument against its own decision.

A constitutional problem of proportionality

The Supreme Court has repeatedly held that restrictions on fundamental rights must satisfy the doctrine of proportionality. In Justice K.S. Puttaswamy v. Union of India (2017), the Court made clear that even where the State pursues a legitimate objective, it must demonstrate that the measure adopted is necessary, that less restrictive alternatives are unavailable and that the benefits of the restriction outweigh the harm caused.

Preventing examination fraud is undoubtedly a legitimate objective. The difficulty lies in establishing that a nationwide platform ban was necessary to achieve it. The government’s own statements reveal the existence of multiple alternatives. Channels could be removed. Fraud networks could be investigated. Individuals could be arrested. Financial transactions could be traced. Criminal prosecutions could be initiated.

Once these alternatives are acknowledged, the constitutional burden shifts to the State to explain why they were insufficient. The public explanation offered thus far does not convincingly do so. Instead, it suggests that a platform-wide restriction was adopted despite the existence of narrower measures. That is precisely the scenario the doctrine of proportionality seeks to prevent.

What Anuradha Bhasin case actually says about internet restrictions

The Telegram ban also cannot be separated from the Supreme Court’s landmark decision in Anuradha Bhasin v. Union of India (2020). While that case arose in the context of internet restrictions in Jammu and Kashmir, the principles articulated by the Court have broader relevance for all forms of digital restrictions.

The Court recognised that access to the internet is closely intertwined with the exercise of freedom of speech, access to information, education, trade and professional activity. It held that restrictions affecting digital communications must satisfy standards of necessity and proportionality and cannot be imposed through opaque executive processes. Most importantly, the Court emphasised transparency. Orders restricting communications must be published. Citizens must know why their rights are being restricted. Affected parties must have an opportunity to challenge such restrictions before courts.

In the present instance, however, the public has largely been presented with press releases and official explanations rather than the actual legal order. The reasoning adopted by the authorities remains unavailable. Whether Telegram was given an opportunity to be heard remains unclear. Whether less restrictive alternatives were seriously considered is unknown. These omissions are not procedural technicalities; they go to the heart of the constitutional safeguards identified by the Supreme Court.

The Shreya Singhal problem

The legal basis of the government’s action raises another serious concern. The reported reliance on Section 69A of the Information Technology Act immediately invites scrutiny because the Supreme Court upheld the constitutionality of that provision in Shreya Singhal v. Union of India (2015) only because it was presented as a narrow and carefully structured mechanism.

The Court accepted Section 69A because it involved targeted blocking of specific information under limited circumstances and subject to procedural safeguards. Its constitutional validity depended upon its narrow scope.

The Telegram ban raises the question of whether that narrow provision is now being transformed into a sweeping power capable of disabling entire communication platforms. As the Internet Freedom Foundation (IFF) has argued, there is a significant difference between blocking particular content and shutting down an intermediary used by millions. If Section 69A is interpreted broadly enough to justify platform-wide restrictions, the reasoning that underpinned its constitutional validity begins to weaken considerably.

The message editing direction may be even more troubling

The direction requiring Telegram to disable its message-editing feature raises concerns that extend even beyond the platform ban itself. While the government has publicly explained why it believes the feature was being misused, it has not clearly identified the legal authority under which it can compel a platform to redesign a feature for an entire country’s user base.

This distinction matters because blocking information and redesigning technological architecture are fundamentally different exercises of power. One concerns content regulation; the other concerns direct intervention in the design of digital infrastructure.

The implications are far-reaching. If governments can order the removal of editing functions today, similar arguments could potentially be invoked tomorrow against encryption, anonymous communication or other platform features. The issue is therefore not confined to Telegram. It concerns the broader relationship between state power and digital architecture.

Another example of India’s growing shutdown culture

The Telegram ban is not an isolated incident. It forms part of a broader pattern in which communication restrictions increasingly become the preferred response to administrative challenges. Over the last decade, multiple states have suspended internet services during recruitment examinations, teacher eligibility tests and competitive entrance examinations. These shutdowns are almost always justified as temporary and necessary measures to prevent cheating.

Yet despite repeated restrictions, examination leaks continue to occur. Fraud networks continue to operate. Recruitment scandals continue to emerge.

What persists is not the effectiveness of these measures but their repetition. Instead of reforming institutions, authorities increasingly appear to restrict communications. The result is a governance model in which the burden of institutional failure is shifted onto citizens rather than addressed at its source.

The real danger is the normalisation of censorship

The most significant concern raised by the Telegram ban is not its duration but the principle it reflects. Every time the State confronts a difficult administrative problem, there appears to be a growing willingness to restrict communications as part of the solution. Each restriction is presented as temporary. Each is described as exceptional. Yet collectively they establish a troubling precedent.

Over time, extraordinary measures become ordinary ones. Communication restrictions become routine administrative tools. Fundamental rights become subject to considerations of convenience and expediency.

The future of lakhs of students deserves protection. But constitutional freedoms deserve protection as well. A secure examination system will ultimately be built through accountability, transparency, stronger institutions and effective criminal investigation—not through platform bans and communication restrictions. The Telegram ban therefore raises a question that extends well beyond NEET. It forces us to confront whether India is becoming increasingly comfortable with restricting communications whenever governance becomes difficult. If that trend continues, the consequences will be felt far beyond a single examination cycle.

Related:

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