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8 August 2026

Supreme Court on DPDP Act and RTI Act

The topic involves a direct legal challenge to the RTI Act via the DPDP Act, touching upon the core constitutional balance between privacy and transparency, which is a high-probability area for UPSC Mains questions.

1 min read 2 questions 1 prelims

Notes

  • The Supreme Court is examining whether the Digital Personal Data Protection (DPDP) Act, 2023, is repugnant to the Right to Information (RTI) Act, 2005.
  • Section 44(3) of the DPDP Act amended Section 8(1)(j) of the RTI Act, allowing public authorities to refuse information on the grounds that it is 'personal' in nature.
  • The RTI Act, 2005, previously required a balancing test where public interest could outweigh privacy concerns before denying information.
  • The DPDP Act applies specifically to digital data, whereas the RTI Act covers all forms of data.
  • Petitioners argue that the amendment effectively protects state functionaries from transparency rather than protecting citizens from state incursion.
  • The Supreme Court noted the need to harmonize the two Central laws and emphasized that journalists do not constitute a 'special category' with unreserved access to data.

Questions

  1. Discuss the potential conflict between the Right to Information (RTI) Act, 2005, and the Digital Personal Data Protection (DPDP) Act, 2023, regarding the disclosure of information held by public authorities. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. The right to privacy is a fundamental right, yet it must be balanced against the necessity of transparency in governance. In light of recent legislative developments, analyze how the DPDP Act impacts the functional efficacy of the RTI Act in ensuring accountability. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which section of the Digital Personal Data Protection (DPDP) Act, 2023, introduced amendments to the RTI Act, 2005?