Sensitive Issue, About Balancing Competing Interests: Supreme Court Issues Notice In Plea Challenging Constitutional Validity Of Digital Personal Data Protection Act

The Supreme Court, today, issued notice in the plea seeking the validity of the Digital Personal Data Protection (DPDP) Act, 2023, as unconstitutional for being violative of Articles 14, 19 and 21 of the Constitution. 

The digital news platform The Reporters' Collective and journalist Nitin Sethi approached the Supreme Court of India to challenge key provisions of the Digital Personal Data Protection (DPDP) Act, 2023.

The petitioners also assailed the Digital Personal Data Protection Rules, 2025, which the government notified in November of the previous year. They sought to have the Act and specific rules declared unconstitutional for violating fundamental rights.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi ordered, "Issue Notice...List on so and so date...Issue after 2-3 weeks."

Senior Advocates Abhishek Manusinghvi, Vrinda Grover and Advocate Prashant Bhushan appeared for the Petitioners.

The Chief Justice said, "This is a sensitive issue and is about balancing competing interests."

Senior Advocate Vrinda Grover said, "Instead of using a chisel, it has used a hammer and has thus rendered a body blow."

Bhushan said, "It was held that the right to information and right to privacy have to be balanced."

The Court said, "We have to iron out the creases and lay down what is personal information...We are issuing notice...It is a complex and sensitive issue and interesting because it touched fundamental rights on both sides..."

On the prayer by the Counsel for the interim directions, the Court said, "By an interim order will not thwart a regime introduced by the parliament unless we hear the case."

Another petition was filed by the National Campaign for the Peoples' Right to Information (NCPRI) challenging the amendments made to the RTI Act through the Digital Personal Data Protection (DPDP) Act.

Accordingly, the matter was listed for a further date.

Cause Title: The Reporters Collective and another v. Union of India and Ors. [W.P.(C) No. 177/2026] and The National Campaign for People's Right to Information (NCPRI) v. Union of India and Ors. [W.P.(C) No.211/2026]