The Indian Telecommunications Act 2023 has sparked significant discourse on whether the law perpetuates a colonial legacy, as its critics claim, or represents a decolonial turn, as asserted by the government. This Article argues that the Act does not constitute a genuine rupture but instead perpetuates existing power structures. Using a post-colonial lens, I trace the historical development of the telegraph network and its regulation during the colonial period, examining how the legal framework evolved post-independence, leading to the Telecommunications Act.
The Article analyzes how the telegraph, which was critical for British victory in the 1857 revolt, expanded significantly, fueled by colonial anxieties. It explains how the telegraph and its regulations became integral to the British emergency governance apparatus, essential for surveillance, control, and domination over the population. During this period, I identify three key aspects that constitute the colonial disposition underlying telegraph regulations: technology as control, state-subject dynamics, and relentless accumulation. I demonstrate how over a period of 150 years, despite changes in the legal framework and underlying technology, these key characteristics of colonial continuity have remained the same. The Article concludes that the Telecommunications Act fails to dismantle the colonial architecture, instead expanding its reach.
