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    Supreme Court of India issued notice but refused any stay in Union of India’s challenge to the Bombay High Court judgement holding Fact Check Unit to be ultra vires

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    Tl;dr: 

    The Supreme Court docket of India has issued discover within the Union of India’s enchantment in opposition to the Kunal Kamra v. Union of India & Ors. majority opinion of the Bombay Excessive Court docket. The Bombay Excessive Court docket held Rule Rule 3(i)(II)(A) and (C) of the Info Expertise (Middleman Pointers and Digital Media Ethics Code) Modification Guidelines, 2023, to be extremely vires.

    Background

    Re. Rule 3(1) (b)(v) of the Info Expertise (Middleman Pointers and Digital

    Media Ethics Code) Guidelines, 2021

    On 06.04.2023, the Ministry of Electronics and Info Expertise (MeitY) launched the Info Expertise (Middleman Pointers and Digital Media Ethics Code) Modification Guidelines, 2023 (“2023 Modification”). By way of this modification, Rule 3(1)(b)(v) of the IT Guidelines, 2021 was modified. The amended rule requires an middleman to make cheap efforts, each by itself and by guaranteeing compliance by customers of its pc assets, to not host, publish, show, or share any info regarding the enterprise of the Central Authorities that’s recognized as faux, false, or deceptive by a truth examine unit designated by the Central Authorities.

    The related portion of the 2023 modification has been reproduced in pink and daring beneath.

    Sr. No. 

    Guidelines of IT Guidelines, 2021

    Amended Provision

    3(1) (b)

    the middleman shall inform its guidelines and laws, privateness coverage and consumer settlement to the consumer in English or any language specified within the Eighth Schedule to the Structure within the language of his selection and shall make cheap efforts by itself, and to trigger the customers of its pc useful resource to not host, show, add, modify, publish, transmit, retailer, replace or share any info that,—

    3(1) (b) (v)

    deceives or misleads the addressee in regards to the origin of the message or knowingly and deliberately communicates any misinformation or info which is patently false and unfaithful or deceptive in nature or, in respect of any enterprise of the Central Authorities, is recognized as faux or false or deceptive by such truth examine unit of the Central Authorities because the Ministry could, by notification revealed within the Official Gazette, specify;

    Re. Problem to 2023 Modification

    In 2023, a batch of petitions was filed earlier than the Bombay Excessive Court docket difficult Rule 3(i)(II)(A) and (C) of the 2023 Modification (see the desk above for clarification). After listening to the matter at size, on 31.01.2024 the Division Bench comprising Justice G.S. Patel and Justice Dr. Neela Gokhale delivered a cut up verdict.

    Justice G.S. Patel struck down the 2023 modification. He held that it was extremely vires Articles 14, 19(1)(a), and 19(1)(g) of the Structure of India and Part 79 of the Info Expertise Act, 2000 (“IT Act”). He additionally held that the Rule violated the rules of pure justice. However, Justice Dr. Neela Gokhale upheld the validity of the 2023 modification. She held that it didn’t violate Articles 14 or 19(1)(a) of the Structure of India. She additional held that the Rule was not extremely vires the IT Act and was in step with the judgment of the Supreme Court docket in Shreya Singhal v. Union of India. The judges disagreed on all materials elements of the case. The central concern was whether or not the impugned Rule was extremely vires and unconstitutional.

    In view of the cut up verdict, the Hon’ble Chief Justice referred the matter to a 3rd choose, Justice A.S. Chandurkar. In his opinion dated 20.09. 2024, Justice Chandurkar held that the 2023 Modification violates Articles 14, 19(1)(a), and 19(1)(g) of the Structure of India. He due to this fact held that the 2023 Modification is liable to be struck down. Moreover, by its remaining order dated 26.09.2024, the Bombay Excessive Court docket held that the modification dated 6.04.2023 to Rule 3(1)(b)(v) of the Info Expertise (Middleman Pointers and Digital Media Ethics Code) Guidelines, 2021 is unconstitutional and struck it down.

    Evaluation 

    On 24 December 2024, the Union of India filed the current Particular Depart Petition titled Union of India v. Kunal Kamra Diary No. 60880 of 2024 (“SLP”), difficult the bulk opinion of the Bombay Excessive Court docket, Kunal Kamra v. Union of India, 2024 SCC OnLine Bom 3086. On 04.01.2025, the Registry notified defects within the SLP. The Union of India didn’t treatment these defects throughout the prescribed interval of 90 days. Consequently, on 25.04.2025, the matter was positioned earlier than the Chambers Decide beneath Order III Rule 8(vii) of the Supreme Court docket Guidelines, 2013. The Chambers Decide granted six weeks’ time to treatment the defects and directed that, failing compliance, the matter would stand dismissed with out additional reference to the Court docket.  Because the Union of India didn’t treatment the defects throughout the time granted, the SLP stood dismissed on 15.07.2025.

    Thereafter, on 4.12.2025, the Union of India filed M.A. Diary No. 69984 of 2025 in SLP in search of recall of the order dated 25.04.2025. Together with the miscellaneous software, the Union of India filed I.A. No. 314591 of 2025 in search of restoration of the SLP and I.A. No. 314593 of 2025 in search of condonation of 193 days’ delay in submitting the restoration software.  By order dated 16.02.2026, Hon’ble Justice Vijay Bishnoi, sitting in Chambers, allowed I.A. No. 314593 of 2025 for condonation of delay and I.A. No. 314591 of 2025 for restoration. The SLP was restored to its authentic quantity and the miscellaneous software was disposed of. Subsequently, on 26.02.2026, the Union of India cured the Registry defects in SLP. And on 10.03.2026 the matter was listed for the primary time earlier than the Supreme Court docket of India. 

    Motion

    On 10.03.2026, The matter was taken up by a Division Bench comprising the Hon’ble Chief Justice of India and Hon’ble Mr. Justice Joymalya Bagchi within the Supreme Court docket of India at Merchandise No. 3. Senior Advocate Mr. Arvind Datar led the arguments for the Affiliation of Indian Magazines. The Solicitor Common of India, Mr. Tushar Mehta, appeared for the Union of India. The Solicitor Common started his submissions by referring to an I.A. in search of to position further paperwork on document. He submitted that the fabric positioned within the software raises a direct concern that warrants the Court docket’s interference. In response, Mr. Datar submitted that the petition itself is liable to be dismissed on the bottom of delay. He identified that the impugned judgment was delivered in 2024. On the finish of the listening to, the Bench issued discover within the petition. The Court docket declined to grant any interim keep and granted 4 weeks’ time to file a reply.

    We’re grateful to our seniors for main the arguments for Affiliation of India Journal. IFF counsels Apar Gupta, Vrinda Bhandari, I Naman Kumar, Indumugi C, and Avanti Deshpande are representing the Affiliation of Indian Journal.  

    1. Judgement Dated – 26.09.2024: Kunal Kamra v. Union of India, 2024 SCC OnLine Bom 3086
    2. Justice A.S. Chandurkar opinion dated 20.09.2024: Kunal Kamra v. Union of India, 2024 SCC OnLine Bom 3025
    3. Justice Dr. Neela Gokhale opinion dated 31.01.2024: Kunal Kamra v. Union of India, 2024 SCC OnLine Bom 360
    4. Justice G.S. Patel opinion dated 31.01.2024: Kunal Kamra v. Union of India, 2024 SCC OnLine BOM 3984



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