Digital Personal Data Protection Bill 2023 to be introduced as a regular bill

The Modi government has got President Droupadi Murmu’s approval to introduce the new data protection bill as a money bill, a form of finance bill. By categorizing it as a money bill, the government can bypass the Rajya Sabha’s power to vote it down. This move allows the bill to be introduced and passed in the Lok Sabha without requiring the approval of the Rajya Sabha.

However, according to a report by CNBCTV 18, the government has clarified that the Digital Personal Data Protection Bill (DPDP) will be introduced as a regular bill, not a financial bill. For consideration, the bill will be presented in the Lok Sabha by Minister for Electronics and Information Technology, Mr Ashwini Vaishnaw. Interestingly, this bill was introduced precisely one year after the government withdrew the previous Personal Data Protection (PDP) bill.

Is DPDP being introduced as a finance bill?

Before, Lok Sabha MP Mr Manish Tewari, who was part of the Joint Parliamentary Committee (JPC) that studied the PDP Bill, proposed that the DPDP Bill might be introduced as a financial bill. Mr Tewari shared a circular stating that the President, Draupadi Murmu, has recommended the introduction of the DPDP Bill under specific articles of the Constitution related to financial bills, namely Articles 117(1) and 117(3).

Mr Tewari raised concerns about the classification of the DPDP Bill as a financial bill, questioning its sudden recategorization and suggesting that it should be considered a regular bill to allow voting in the Rajya Sabha and proper scrutiny by the JPC. In the past, the Aadhaar (Targeted Delivery of Financial and Other Subsidies, benefits, and Services) Act, 2016, was introduced as a money bill in Parliament, and this issue was brought up during Aadhaar litigation in the Supreme Court.