Why in the News?
The Supreme Court of India has agreed to refer to a Constitution Bench petitions challenging Section 44(3) of the Digital Personal Data Protection Act 2023, which allegedly restricts disclosure of personal information under the Right to Information Act 2005.
Core Issue
- Petitioners argue that:
- Section 44(3) creates a blanket prohibition on disclosure of personal information.
- It amends Section 8(1)(j) of the RTI Act.
- It weakens transparency and accountability.
- It gives the government “unguided discretion” to deny information.
Note: The Chief Justice observed that the matter raises complex constitutional questions, especially the meaning of “personal information”.
What Changed?
Original Position under RTI Act Section 8(1)(j)
- Personal information could be denied if:
- It had no relation to public activity, or
- Disclosure caused unwarranted invasion of privacy.
- However, disclosure was mandatory if larger public interest outweighed privacy concerns.
- Decision taken by Public Information Officer after balancing privacy and transparency.
After DPDP Act Amendment
- Petitioners argue that the amendment removes the public interest override.
- Allegedly creates wider restriction on access to personal information.
Constitutional Provisions Involved
- Article 19(1)(a): Right to freedom of speech and expression, includes right to information.
- Article 14: Equality before law. Petition argues privacy of public officials cannot be equated with private citizens.
- Right to Privacy: Recognised as fundamental right in Justice K.S. Puttaswamy judgment 2017.
Relevant Judicial Precedent
- In Central Public Information Officer vs Supreme Court of India 2019, a Constitution Bench applied the proportionality test to balance RTI and privacy.
- Verdict: Personal information remains private unless larger public interest justifies disclosure.
Key Legal Questions Before Constitution Bench
- What constitutes “personal information”?
- Whether Section 44(3) violates Article 19(1)(a)?
- Whether it fails the proportionality test?
- Whether privacy can be invoked by the State?
| [2021] We adopted parliamentary democracy based on the British model, but how does our model differ from that model?Â
1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited. 2. In India, matters related to the constitutionality of the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court. Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
