SC Referred Petitions Challenging DPDP Act To A Five-Judge Bench, Declined To Stay The Law

The Supreme Court of India on Monday referred petitions challenging provisions of the Digital Personal Data Protection (DPDP) Act, 2023, and the Digital Personal Data Protection Rules, 2025, to a five-judge bench. The court declined to stay the operation of the law.

A bench led by Chief Justice Surya Kant said an interim order would not halt a regime introduced by Parliament without hearing the matter. The case has been listed for March 23, 2026. Petitioners, including Venkatesh Nayak, the National Campaign for People’s Right to Information, The Reporters’ Collective, and journalist Nitin Sethi, have challenged provisions related to the disclosure of personal information and the selection of members of the Data Protection Board.

They argued that amendments to Section 8(1) (j) of the Right to Information Act, 2005, weaken access to information and affect transparency and accountability.