Supreme Court Refers Constitutional Challenges to DPDP Act and Rules to Five-Judge Bench

The Supreme Court of India has referred a batch of petitions challenging the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025 to a Constitution Bench. The referral indicates that the Court considers the issues raised to involve substantial questions of constitutional interpretation warranting adjudication by a larger bench.

The petitions reportedly question the scope of exemptions granted to the State, the extent of delegated legislative authority under the rule-making framework, and the statute’s interface with transparency obligations under existing information access laws. Petitioners argue that certain provisions may dilute informational privacy safeguards recognised in prior jurisprudence, while also recalibrating statutory transparency mechanisms without adequate constitutional justification.

Importantly, the Court has not granted an interim stay on the operation of the statute. As a result, the Act and Rules remain enforceable pending final determination. This procedural posture reflects judicial caution in suspending a comprehensive regulatory framework with systemic implications for public and private sector entities alike.

The Constitution Bench is expected to examine whether the statutory exemptions and enforcement architecture satisfy the proportionality standard developed in privacy jurisprudence. The adjudication may also clarify the permissible contours of executive discretion under broadly framed enabling provisions.

Legal Analysis:

The referral elevates the dispute into a constitutional examination of privacy, accountability, and legislative competence. A ruling that narrows state exemptions or constrains delegated powers could materially reshape enforcement architecture. Until clarity emerges, regulated entities must proceed on the basis that the regime remains fully operational.