Delhi High Court Seeks Centre's Response On Plea Challenging Provisions Of Data Protection Law

The Delhi High Court on Wednesday sought response of the Central Government on a plea challenging various provisions of the Digital Personal Data Protection Act, 2023, saying that they violate Articles 14, 19(1)(a) and 21 of the Constitution of India.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia issued notice on the PIL filed by Dr. Chandresh Jain, an advocate by profession.

The plea challenges Sections 17 to 21, 23, 29, 33, 34, 36, 37, 39, 40, 44 and Schedule of the Digital Personal Data Protection Act of 2023 and Sections 17 to 23 of the Digital Personal Data Protection Rules of 2025.

The plea states that the impugned provisions impose heavy obligations on citizens, media bodies, civil society actors and intermediaries while simultaneously removing essential safeguards and judicial oversight.

It adds that the provisions collectively violate the constitutional guarantees of equality, privacy, informational autonomy, free expression, and procedural fairness as well as the constitutional principles of separation of powers and judicial independence.

By diluting the judiciary's role in appointments, tenure, and service conditions of the members, these provisions infringe the basic structure and contravene Articles 14, 19, 21 and 50 of the Constitution, as well as binding decisions of the Hon'ble Court, the plea states.

According to the petition, the impugned provisions do not merely violate statutory norms but strike at the heart of human rights jurisprudence, constitutionally guaranteed freedoms, and the democratic promise of a free society.

“The petition also challenges the violations of the freedom of the Press, Source Protection and chilling effect on the journalism. This petition is thus a Human Rights Petition, instituted for the protection of the digital personhood of every citizen of India,” the plea submits.

The matter is to be heard next in April.

Title: Dr. Chandresh Jain v. Union of India & Ors