“Privacy cannot become a cloak for opacity in public administration.” Examine whether the amendment introduced through the Digital Personal Data Protection Act, 2023 to the Right to Information Act, 2005 disturbs the constitutional balance between transparency and privacy.
Kartavya Desk Staff
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Q3. “Privacy cannot become a cloak for opacity in public administration.” Examine whether the amendment introduced through the Digital Personal Data Protection Act, 2023 to the Right to Information Act, 2005 disturbs the constitutional balance between transparency and privacy. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question The amendment to the Right to Information Act, 2005 through the Digital Personal Data Protection Act, 2023 has led to constitutional challenges and reference to a Constitution Bench, raising critical issues about the balance between privacy and transparency in democratic governance. Key Demand of the question The question requires examining whether the amendment disturbs the constitutional balance between the right to privacy under Article 21 and the right to information under Article 19(1)(a). It further demands presenting both supporting and opposing perspectives and suggesting a way forward to restore equilibrium. Structure of the Answer: Introduction Briefly establish transparency and privacy as co-equal fundamental rights recognised by the Supreme Court, forming the basis of accountable constitutional governance. Body Arguments that the amendment disturbs the balance – Indicate how removal of an explicit public interest override may weaken transparency and anti-corruption oversight. Arguments supporting the amendment – Mention the need to protect informational privacy and align with post-Puttaswamy data protection jurisprudence. Way forward – Suggest judicial clarification, proportionality-based interpretation and legislative recalibration to harmonise both rights. Conclusion Conclude by emphasising that structured constitutional balancing, rather than absolute exemptions, is essential to preserve both privacy and democratic accountability.
Why the question
The amendment to the Right to Information Act, 2005 through the Digital Personal Data Protection Act, 2023 has led to constitutional challenges and reference to a Constitution Bench, raising critical issues about the balance between privacy and transparency in democratic governance.
Key Demand of the question
The question requires examining whether the amendment disturbs the constitutional balance between the right to privacy under Article 21 and the right to information under Article 19(1)(a). It further demands presenting both supporting and opposing perspectives and suggesting a way forward to restore equilibrium.
Structure of the Answer:
Introduction Briefly establish transparency and privacy as co-equal fundamental rights recognised by the Supreme Court, forming the basis of accountable constitutional governance.
• Arguments that the amendment disturbs the balance – Indicate how removal of an explicit public interest override may weaken transparency and anti-corruption oversight.
• Arguments supporting the amendment – Mention the need to protect informational privacy and align with post-Puttaswamy data protection jurisprudence.
• Way forward – Suggest judicial clarification, proportionality-based interpretation and legislative recalibration to harmonise both rights.
Conclusion Conclude by emphasising that structured constitutional balancing, rather than absolute exemptions, is essential to preserve both privacy and democratic accountability.