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Supreme Court Refers DPDP Act Constitutional Challenge to Five-Judge Bench: RTI vs. Privacy Rights at Stake
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Supreme Court Refers DPDP Act Constitutional Challenge to Five-Judge Bench: RTI vs. Privacy Rights at Stake

L

LawWorld

12 Oct 2026

Supreme Court Refers DPDP Act Challenge to Five-Judge Bench

In early October 2026, Chief Justice Surya Kant led the Supreme Court of India in referring constitutional challenges against the Digital Personal Data Protection Act, 2023, to a five-judge Constitution Bench. The referral signals that the court views the dispute as raising questions of law requiring the highest constitutional authority to resolve. At the heart of the matter lies Section 44(3) of the DPDP Act, which amended Section 8(1)(j) of the Right to Information Act, 2005, by removing a public interest caveat and establishing a blanket exemption from disclosure of personal information. The Supreme Court must now weigh the citizen's fundamental right to know, protected under Article 19(1)(a) of the Constitution, against the individual's right to privacy under Article 21, while examining whether the amendment represents legislative overreach that violates core constitutional principles.

The Amendment That Triggered the Challenge

The DPDP Act received presidential assent in August 2023 and introduced India's first comprehensive data protection framework. Section 44(3) of the Act amended the Right to Information Act, 2005, by modifying Section 8(1)(j), which previously exempted personal information from disclosure unless the public interest in revelation outweighed the harm to privacy. The new language removed this public interest override entirely, creating what petitioners describe as a blanket ban on disclosing any information classified as personal data, regardless of whether disclosure might serve broader public interest in transparency or accountability.

This change affects how government agencies respond to RTI requests. Before the amendment, citizens and journalists could obtain personal information held by the state if they could demonstrate that the public interest justified disclosure. Now, agencies can refuse disclosure by simply citing the personal nature of the information, without weighing whether revealing it would expose corruption, misuse of power, or other matters of public concern.

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