Overview
- The three-judge bench led by CJI Surya Kant issued notice to the Union government and sent the challenges to a Constitution Bench for authoritative adjudication.
- The court refused to suspend the Digital Personal Data Protection amendments to the RTI Act, saying legislation will not be stayed without a full hearing.
- Petitions by Venkatesh Nayak, The Reporters Collective with journalist Nitin Sethi, and NCPRI contend Section 44(3) creates a blanket bar on disclosing personal information by removing the RTI public-interest override.
- The challenges also target Section 36 of the DPDP Act and Rule 23 of the 2025 Rules for granting broad executive access to data, and question the Data Protection Board’s independence.
- The bench called the case a clash of fundamental rights and said it must "iron out the creases," with a hearing listed for March.