Digital Personal Data Protection Bill 2023 will be introduced as a regular bill, say government officials

The Narendra Modi government has obtained 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. The bill will be presented in the Lok Sabha by Minister for Electronics and Information Technology, Ashwini Vaishnaw, for consideration.

Interestingly, this bill is being introduced exactly one year after the government withdrew the previous Personal Data Protection (PDP) bill.

DPDP being introduced as a finance bill?
Earlier, Lok Sabha MP Manish Tewari suggested that the DPDP Bill might be introduced as a financial bill. Tewari, who was part of the Joint Parliamentary Committee (JPC) that studied the PDP Bill, 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 Article 117(1) and 117(3).

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 as 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.

Prateek Waghre, the policy director at Internet Freedom Foundation, expressed his concern about the situation, questioning the basis for classifying the bill as a financial bill and emphasizing the need for a thorough evaluation of the proposed legislation.

Finance Bill vs Money Bill: What does Article 117 of the constitution say?
A finance bill, which encompasses money bills, deals with modifications to the country’s tax structure, the Centre’s borrowing capacity, and withdrawals from the Consolidated Fund of India.

A money bill It can only be introduced in the Lok Sabha on the recommendation of the President, and only a minister can present the bill.

Notably, the Rajya Sabha does not have the power to reject or amend a money bill. It can only propose recommendations, which the Lok Sabha can either accept or reject. The Rajya Sabha must return the bill to the Lok Sabha within 14 days, with or without suggestions. If the Rajya Sabha does not meet this deadline, the bill is considered to be passed by both houses.

In the case of finance bills, both the Rajya Sabha and the Lok Sabha will have to accept the bill for it to become law. In this case, the Rajya Sabha can reject the bill straight out.