Digital Personal Data Protection (DPDP) in India

 The Digital Personal Data Protection Act, 2023

  • The DPDP Act, 2023 is India’s maiden comprehensive data protection law that provides a legal structure for handling digital personal data and aims to ensure individual privacy while allowing lawful data processing.
  • The Act was legislated almost six years after the landmark Supreme Court judgment in 2017 (KS Puttaswamy case) that recognised privacy as a fundamental right under Article 21. It draws inspiration from global frameworks like the General Data Protection Regulations (GDPR) of the EU.
  • The Act applies to all digital personal data processed within India and data processing conducted outside India if it is done for offering goods or services within the country. It does not apply to personal data used for personal uses or data made public by the Data Principal or under a legal obligation.
  • Personal data can only be processed for a lawful purpose and with the consent of the Data Principal, which can be withdrawn at any point. For minors under 18, as well as individuals with disabilities, a parent or a legal guardian must grant this consent.

 

The Rights and Responsibilities of the Data Principal and Data Fiduciairies

  • The Data Principals, individuals whose personal data are being processed, hold a right to access the information, request correction or deletion, seek redress for grievances, and nominate a representative in case of death or incapacity.
  • Data Fiduciaries, entities or organisations handling individual data must guarantee data accuracy, implement security measures to prevent data breaches, and inform the Data Protection Board of India (DPBI) and concerned individuals in case of any breach.

 

 The DPDP Rules, 2025

  • The Draft DPDP Rules, 2025, now under public review, permit the transfer of certain personal data outside India, as authorised by the government.
  • The rules propose a "digital by design" Data Protection Board of India (DPBI) for consent mechanisms and grievance redressal, facilitating faster resolution of complaints and grievances online.

 

 Concerns Around the DPDP Act, 2023

  • The Act has been criticised for providing excessive state exemptions, potential violation of privacy rights, and allowing unrestricted cross-border data flow raising data security and sovereignty worries.
  • Essential rights like the right to data portability are missing from the Act.

 

Possible Measures for Strengthening DPDP Act, 2023

 

  • The Act might be improved by providing obvious definitions for terms like 'sovereignty' and 'integrity of India', encouraging bilateral data agreements, and adopting global best practices to ensure secure and trusted cross-border data flows.

 

 

Evolution of Right to Privacy in India

  • India's notion of privacy rights evolved through a series of legal judgments and expert recommendations, culminating in the recognition of privacy as a fundamental right in 2017.

 

 Global Practices on Data Governance

  • The EU’s GDPR is a comprehensive law safeguarding personal data, while China's Data Security Law and Personal Information Protection Law impose new restrictions on cross-border data transfers. The United States, on the other hand, does not have a comprehensive privacy law similar to GDPR.

 

Regulation under Article 240 and the Demand of Ladakh for 6th Schedule 

 Introduction to Article 240 and 6th Schedule demands

  • The Centre has instated regulations for Ladakh under Article 240, to address grievances with job reservations, language recognition, and political representation. 
  • This is in contrast to the wider request for granting Ladakh the Sixth Schedule Status.
  • Article 240 grants the President the authority to make regulations to assure peace and good governance of certain Union Territories. 

 

Demands of Ladakh People and Government Regulations

  • Post the abrogation of Article 370 and the implementation of the Jammu and Kashmir Reorganisation Act, 2019, Ladakh was declared a Union Territory without a legislature. 
  • Advocacy groups have been pushing for Ladakh’s inclusion in the Sixth Schedule of the Constitution to pacify concerns related to land, jobs, and cultural identity.
  • Key demands include constitutional protection, land ownership restrictions, legislative assembly for representative governance, and Article 371-like protections.
  • Government regulations for Ladakh include domicile-based job reservations, reservations for vulnerable groups, the preservation of native languages and one-third seat reservation for women in the LAHDC.

 

Reasoning behind 6th Schedule Status Demand

  • The 6th Schedule status is being demanded due to its constitutional protection, safeguarding autonomy and security.
  • It can additionally protect the fragile ecosystem of Ladakh from the hazards of mass tourism and unrestrained infrastructural growth.
  • 6th Schedule status also provides legislative autonomy essential for preserving local culture and languages.

 

Understanding the 6th Schedule of the Indian Constitution

  • The 6th Schedule of the Indian Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram—states where tribes have largely preserved traditional lifestyles. 
  • These tribal areas are constituted as autonomous districts under the executive authority of the respective states.
  • The Governor has the power to create Autonomous District Councils (ADCs) and Autonomous Regional Councils (ARCs) in these four states, with legislative, judicial, and administrative powers.

 

Potential Measures for Addressing Ladakh’s Unique Needs

  • If 6th Schedule inclusion is not feasible, a Ladakh-specific framework can be brought into effect through a constitutional safeguard.
  • Restrictions resembling those in Jammu & Kashmir, Sikkim, or Himachal Pradesh need to be put into place to prevent outsider land acquisition.
  • Empowering Ladakh Autonomous Hill Development Councils (LAHDCs) can aid in resolving land, water, forest, education, and culture management issues. 
  • Implementing ecotourism policies can help maintain the ecological balance of the region.

 

Conclusion

  • While job reservations and language recognition are addressed to some extent through the new regulations under Article 240, Ladakh's demands for land rights and legislative autonomy aren't met yet.
  • A customised constitutional safeguard, specific restrictions on land ownership, and the empowerment of LAHDCs are essential measures for achieving tribal rights, development, and ecological sustainability in Ladakh.

 

Trust-Based Regulation and the Jan Vishwas (Amendment of Provisions) Act, 2023

Introduction to the Trust-Based Regulation and Jan Vishwas Act

  • The Jan Vishwas (Amendment of Provisions Act) 2023, in force from August 2023, replaces criminal penalties with fines for minor infractions.
  • The Act decriminalises 183 provisions across 42 Central Acts to facilitate ease of living, conducting business, and promote a trust-based regulatory approach.

 

 About the Jan Vishwas Act and its Objective

  • The Act is a key legislative change aimed at enhancing the ease of business activities and advancing trust-based regulation in India.
  • It covers laws under 19 ministries including environment, agriculture, and corporate affairs, shifting from punishing to reformative legal mechanisms for minor, non-malicious violations.
  • The Act reduces legal uncertainty from outdated provisions, especially beneficial for MSMEs, through ease of compliance.
  • The Act moves toward a trust-based governance model that replaces colonial-era, fear-induced laws criminalising minor violations.
  • Future steps include the proposed Jan Vishwas Bill 2.0 in the Union Budget 2025-26 to decriminalise over 100 more provisions and strengthen the trust-based regulatory system.

 

Trust-Based Regulatory Approach and its Importance

  • The trust-based regulatory approach assumes individuals and businesses will comply with the law in good faith and not treat them as potential offenders.
  • It aims to reduce excessive legal burdens while retaining strict measures for severe violations.
  • The focus is on a partnership model promoting voluntary compliance, replacing strict penalties for minor violations.
  • Notable features include replacement of jail terms with fines for minor offenses, risk-based enforcement, simplified compliance, self-declaration and transparency, and minimised government interferences.

 

Why India Needs a Trust-Based Regulatory Approach?

  • The Act reduces colonial-era punitive measures that disproportionately impact small businesses.
  • It simplifies regulations and makes compliance easier, is supportive of entrepreneurship, particularly on Digital Compliance and the GST Invoice Management System.
  • The Act aims at decongesting the judiciary, reducing corruption, and promotes economic growth.
  • The Act aligns with India’s Amrit Kaal vision that encourages minimum government and maximum governance.

 

Challenges in Shifting to a Trust-Based Regulation in India

  • Challenges include colonial legacy of suspicion and bureaucracy, overlapping regulatory frameworks, resistance to decentralisation and autonomy, and lack of trust metrics.

 

 Strengthening Trust-Based Regulation in India

  • Trust-based regulation can be enhanced through the adoption of 'One Nation, One Business' identity system.
  • Harmonising laws notably through Jan Vishwas 2.0 and establishment of a Deregulation Commission is central to the reforms.
  • Institutionalising risk-based enforcement, enhancing transparency, and reducing discretion can pave the way for trust-based governance.
  • The establishment of metrics to measure trust and compliance ease, citizen feedback, and regular industry-regulator dialogue can assess the impact of reforms and refine policies continuously.

 

Recapitulating the Indira Nehru Gandhi v. Shri Raj Narain Case and National Emergency

 Highlights of the Indira Nehru Gandhi v. Shri Raj Narain Case, 1975

  • The case revolves around the 1971 general elections where Prime Minister Indira Gandhi was opposed by socialist leader Raj Narain.
  • Allegations of electoral malpractices and misuse of government resources led to Raj Narain filing a petition against Indira Gandhi.
  • The Allahabad High Court found her guilty of misusing government machinery, resulting in the nullification of her election.
  • On appeal to the Supreme Court, amidst political unrest, a national emergency was declared on 25th June 1975.

 Key Details about National Emergency

  • A National Emergency (NE) is proclaimed by the President under Article 352 in situations threatening India's security.
  • NE can extend to the whole country or only a part of it, as stipulated by the 42nd Amendment Act, 1976.
  • The 38th Amendment Act, 1975 gave the President power to issue Emergency proclamations based on several grounds.
  • This was altered by the 44th Amendment Act, 1978, replacing "internal disturbance" with "armed rebellion".
  • A National Emergency can continue for six months and be extended indefinitely with Parliament's approval every six months.
  • National Emergency can be revoked anytime by the president without Parliament's approval.
  • A resolution disapproving the continuation of a National Emergency can be passed by the Lok Sabha.
  • The 38th Amendment Act, 1975 initially made the Emergency declaration inconceivable to judicial review, but the 44th Amendment Act, 1978 reversed it.

 

Impacts of National Emergency on the Constitutional Framework

  • The imposition of a National Emergency can drastically reshape Centre-State Relations.
  • In executive matters, the Centre can issue directions to any state, bringing them under its total control. 
  • Legislative changes can be made with Parliament gaining power to legislate on any subject in the State List. 
  • The President obtains power to modify revenue distribution between the Centre and the states.
  • The tenures of Lok Sabha and State Legislative Assembly may be extended by Parliament.
  • In regards to Fundamental Rights, Article 358 suspends Article 19 for the duration of a National Emergency on grounds of war or external aggression.
  • A Presidential Order is required under Article 359 to suspend Fundamental Rights, excluding Articles 20 and 21. It may extend to the entire country or part of it during Emergency.

 

Parliamentary Committees in India

Introduction and About

  • Parliamentary Committees are essentially an appendage of Parliament, considered mini legislatures.
  • Consistently constituted by the Lok Sabha or Rajya Sabha or the Speaker/Chairman, these committees execute delegated functions of the Parliament.
  • Their work is overseen by the presiding officer and their reports are presented directly to the House or the Speaker/Chairman.
  • These committees are serviced by their respective secretariats.
  • Deriving their power from the Indian Constitution under Article 105 and 118, these originate from the British Parliament.

 Types of Parliamentary Committees

  • Standing Committees, consistent and reconstituted annually, partook of the regular and ongoing tasks of Parliament with primary divisions into Financial Committees, Departmentally Related Standing Committees (DRSCs) and other committees, such as those on petitions, government assurances, etc.
  • Ad hoc Committees, temporary in nature, are set up for the accomplishment of specific tasks after which they dissolve; an example can be the Select Committee on GST.

 

 Importance of Parliamentary Committees

  • Ensuring Executive Accountability through public records and opinion, improving legislative quality and democratic legitimacy.
  • Facilitating Informed & Inclusive Lawmaking through interaction with experts, civil society, and officials.
  • Constructive provision for capacity building and governance reform offering value-added recommendations.

 

 Challenges Faced by Parliamentary Committees

  • Committees have limited enforcement powers and lack an institutional follow-up mechanism.
  • Constraints in resources and research hamper in-depth scrutiny and evidence-based analysis.
  • Low attendance of MPs results in reduced quality of deliberations.
  • Insufficient Parliamentary Time means that key legislations and budgetary proposals often bypass in-depth scrutiny.
  • Political interference and external pressures often compromise their impartiality.
  • DRSCs handle multiple ministries, resulting in limited subject-specific focus and hampered development of expertise due to their broad mandate and short tenures.

 

 Measures to Strengthen Parliamentary Committees

 

  • Provision of well-equipped research support and secretariat.
  • Institutionalisation of Accountability Mechanisms mandating ministries to submit Action Taken Reports.
  • Amendment of Rules of Procedure making referral of all non-finance bills to committees mandatory.
  • Need to improve MP participation and capacity building with targeted measures.
  • Promotion of transparency and citizen engagement, to further public trust, transparency, and participation in the legislative process.

 

 Conclusion 

  • Parliamentary Committees play a crucial role in enhancing participatory governance, democratic accountability, and legislative oversight.
  • The call from the Speakers for greater responsiveness and respect to committee recommendations underlines the urgency to revitalise these institutions.
  • As India progresses towards transparent governance driven by data, committees must evolve into engines of reformation and accountability at both Union and State levels, ensuring effective policy implementation.