Current Affairs Questions for CLAT | QB Set 1

The petitions challenging the amendment to the Right to Information (RTI) Act that provides blanket exemption for personal information, through a section in the Digital Personal Data Protection (DPDP) Act, has been referred to a Constitution Bench of the Supreme Court.

How was the DPDP Act framed?

The Supreme Court in Puttaswamy (2017) had declared the right to privacy as a fundamental right primarily under Article 21 (right to life and liberty). It is also an overarching right that includes freedom of speech and expression (Article 19). In this judgment, the court had directed that the government must put forth a data protection regime.

The government had constituted a committee under the chairmanship of Justice B.N. Sri Krishna to deliberate and report on the data protection framework. The committee submitted its report and a draft Bill on data protection in July 2018. Subsequently, in August 2023, Parliament passed the DPDP Act, 2023. The DPDP Act provides the legal framework for the protection of personal data of individuals (known as data principals) which they share with other persons, companies and government entities (data fiduciaries).

What is the controversy?

The RTI Act, 2005 was enacted to provide citizens with the right to seek information from public authorities. Section 8(1)(j) of the RTI Act stipulated that information which relates to personal information, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of an individual need not be provided. However, if the appropriate authority was satisfied that larger public interest justified the disclosure of such information, the same could be provided.

Section 44(3) of the DPDP Act amends section 8(1)(j) of the RTI Act. It provides a blanket exemption to any information which relates to personal information without any exceptions. It may be inferred that the aim of the amendment is to protect the fundamental right to privacy of public officials that cannot be abridged or taken away by parliamentary law. Further, the argument of the government is that section 8(2) of the RTI Act provides that notwithstanding the exemptions permissible under section 8(1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interest.

However, this amendment has been challenged in the Supreme Court, through a series of petitions, on the ground that it is ultra vires the Constitution.

[Source: The Hindu]

Q1. The petitions challenging the amendment to the RTI Act have been referred to a Constitution Bench primarily because:

A. The amendment affects only administrative procedures.
B. The amendment concerns procedural irregularities in Parliament.
C. The amendment creates confusion regarding procurement rules.
D. The amendment is alleged to be ultra vires the Constitution and impacts fundamental rights.

Q2. According to the passage, the Supreme Court in Puttaswamy (2017) directed the government to:

A. Immediately repeal the RTI Act.
B. Establish a data protection regime.
C. Exempt all personal information from disclosure.
D. Amend Article 19 of the Constitution.

Q3. What is the key difference between Section 8(1)(j) of the RTI Act before and after its amendment through the DPDP Act?

A. Earlier, personal information was always exempt; now it can be disclosed.
B. Earlier, disclosure required parliamentary approval.
C. Earlier, personal information could be disclosed if larger public interest justified it; the amendment provides a blanket exemption.
D. Earlier, only procurement records were exempt from disclosure.

Q4. The government defends the amendment by arguing that:

A. Section 8(2) of the RTI Act still allows disclosure if public interest outweighs harm.
B. Privacy is not a fundamental right.
C. RTI Act never allowed disclosure of personal information.
D. Parliament has unlimited power to amend fundamental rights.

Q5. According to the author, what should be the way forward regarding the amendment?

A. Retain the blanket exemption for all personal information.
B. Repeal the amendment and restore the earlier balance allowing disclosure in larger public interest.
C. Remove Section 8(2) entirely.
D. Abolish the RTI Act.

✅ Answer Key

D, B, C, A, B