On 16th February 2026, the Supreme Court heard the prelimary petitions challenging DPDPA 2023 from the perspective of whether Section 44(3) and other sections violate the Constitution.
The three petitions which were heard were
-
- Venkatesh Nayak v. Union of India, W.P.(C) No. 177/2026;
- The Reporters Collective Trust & Anr. v. Union of India & Ors., W.P.(C) No. 211/2026; and
- National Campaign for Peoples Right to Information v. Union of India, W.P.(C) No. 212/2026.
Despite strong pleadings, the Court refused to stay the act but committed the pertitions to a larger bench. It has issued necessary notices to the Government.
A detailed post on internetfreedom.in provides additional information on the developing case. A copy of the petition of The Reporter Collective Trust is avaialable here.
This petition goes much beyond Section 44(3) and challenges Sections 5, 6, 8, 10, 18, 19, 36, besides 44(3) of the DPDP Act, 2023, and Rules 3, 6, 7, 8, 9, 13, 16, 17, and 23 of the
DPDP Rules, 2025.
It is interesting to note that while the petition wants to have easy access to all beneficiaries of various Government schemes, they want to redact the name of the petitioners because they consider it their right to privacy. This is a point to be noted.
The prayer in the petition is as follows:
PRAYER
Therefore, in light of the above-mentioned facts and circumstances, it is respectfully prayed that this Hon’ble Court may kindly be pleased to:
A. Issue a writ in the nature of mandamus, or any other appropriate writ, order, or direction declaring the whole of the Digital Personal Data Protection Act, 2023, and specifically Sections 5, 6, 8, 10, 17, 18, 19, 36, and 44(3), of the Digital Personal Data Protection Act, 2023, to be void, inoperative and unconstitutional for being ultra vires Articles 14, 19, and 21 of the Constitution;
B. Issue a writ in the nature of mandamus, or any other appropriate writ, order, or direction declaring the whole of the Digital Personal Data Protection Rules, 2025, specifically Rules 3, 6, 7, 8, 9, 13, 16, 17, and 23 of the Digital Personal Data Protection Rules, 2025, to be void, inoperative and unconstitutional for being ultra vires Articles 14, 19, and 21 of the Constitution;
C. Issue any other writ, order or direction as this Hon’ble Court may deem fit and proper to do complete justice in the circumstances of the case.
It is our duty to analyze the petition point by point and present it to the larger public to understand the issues involved. We shall do so in due course. Watch this space.
Naavi
Also Refer: livelaw
