Supreme Court refers to Constitution Bench on whether DPDP law uses privacy to dismantle people’s right to know
GS2Polity · Governance · IR· Constitution, amendments & basic structure· Prelims + Mains·
Why in news
The Supreme Court referred petitions challenging the DPDP Act of 2023 to a Constitution Bench to determine if Section 44(3) unconstitutionally restricts the right to information.
Background
Petitioners argue that Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, bans the disclosure of 'personal information' in RTI applications. The challenge is based on the proportionality test established in the 2019 Central Public Information Officer vs Supreme Court of India judgment.
Facts for Prelims
- Act / BillDPDP Act: Digital Personal Data Protection Act, 2023
- ConstitutionSection 44(3) of the DPDP Act prohibits disclosure of personal information in RTI applications
- FactThe 2019 Central Public Information Officer vs Supreme Court of India judgment established the proportionality test for information disclosure
For Mains
Q. Critically examine the tension between the right to privacy and the right to information in the context of the Digital Personal Data Protection Act, 2023.
Dimensions to cover in your answer
- Constitutional conflict: Balancing Article 19(1)(a) right to information against the right to privacy
- Proportionality test: Assessing if blanket exemptions for 'personal information' are a proportionate restriction on transparency
- Administrative opacity: Potential for executive overreach in defining 'personal information' to shield public records
Keywords: Right to Information · Proportionality Test · Constitutional Validity · Digital Personal Data Protection · Transparency · Judicial Review
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This note is generated automatically from SatyaDheesh's news feed and mapped to the UPSC CSE syllabus. Check facts against the original report or PIB before using them in an answer.