LinkedIn Does Not Perform Public Function; Account Restriction Not Amenable to Writ Jurisdiction: Delhi High Court
- Case
- Not provided in source
- Court
- High Court of Delhi
- Bench
- Justice Subramonium Prasad
- Citation
- Not provided in source
- Statutes
- Constitution of India — s.226
- Source
- LiveLaw
The Delhi High Court, in a decision by Justice Subramonium Prasad, held that LinkedIn does not perform a public function, and therefore, a challenge to account restriction cannot be entertained under writ jurisdiction. The court emphasized that writ jurisdiction under Article 226 of the Constitution of India is applicable only against the State or instrumentalities performing public functions.
Ratio Decidendi · Legal Principle Established
A private entity that does not perform a public function cannot be subjected to writ jurisdiction under Article 226 of the Constitution of India. LinkedIn, being a private platform, does not perform a public function, and its internal decisions regarding account restrictions are not amenable to writ petitions.
Practice & Procedural Impact for Advocates
Advocates should advise clients that disputes with private social media platforms like LinkedIn regarding account restrictions are generally not actionable through writ petitions. Litigants seeking redress for such issues may need to explore contractual remedies or other civil law avenues, rather than public law remedies.
Key Legal Takeaways
- 1Writ jurisdiction under Article 226 is limited to the State or entities performing public functions.
- 2LinkedIn is a private entity and does not perform a public function.
- 3Decisions by LinkedIn regarding account restrictions are not subject to writ petitions.