New Delhi: The Supreme Court on Monday sought a response from the Center on a PIL challenging provisions of the Digital Personal Data Protection Act, 2023 that allegedly dilutes transparency under the Right to Information Act, 2005.
A bench comprising Chief Justice Surya Kant and Justice Joymalia Bagchi sought responses from the Ministry of Personnel, Public Grievances and Pensions and the Ministry of Law and Justice after taking note of the requests of senior advocate Shyam Divan who appeared for the PIL petitioners.
The bench also directed that Rajasthan should also be made a party to the proceedings.
The PIL was filed by ‘Mazdoor Kisan Shakti Sangathan’ along with activists Aruna Roy, Nikhil Dey and Shankar Singh Rawat.
The petition challenges Section 44 of the Digital Personal Data Protection Act, 2023, which replaces Section 8 of the RTI Act.
“A diversion or declaration order, repealing Section 44 of the Digital Personal Data Protection Act, 2023, in so far as it replaces Section 8 of the Right to Information Act, 2005, is issued as unconstitutional and void, as it is in violation of Articles 14, 19 and 21 of the Constitution of India,” the petition read.
Among the major remedies sought, the petitioners urged the court to restore the original Section 8 of the RTI Act, along with its proviso, with retrospective effect from November 13, 2025.
“I declare that the proactive disclosure mandate under Section 4 of the RTI Act, which has enabled the disclosure of beneficiary data, muster lists, social audit records and similar records affecting the rights of citizens under Article 21 of the Constitution, shall continue to operate unaffected by the enactment of the DPDP Act, and that the State is constitutionally bound to maintain and operate this proactive disclosure structure,” he said.
Further, the petition calls for directions barring the authorities from “dismantling, restricting or curtailing access to information currently provided through the 41 transparency and accountability portals… including the Jan Soochna portal and all similar portals established pursuant to obligations under the RTI Act or any other welfare legislation”.
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