Code: Section 41
Every rule made and every notification issued under section 16 and section 42 of
this Act shall be laid, as soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making
any modification in the rule or notification or both Houses agree that the rule or notification
should not be made or issued, the rule or notification shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule or notification.
Explanation of Section 41 DPDP
Section 41 of the Digital Personal Data Protection Act, 2023 (DPDP Act) provides the legislative mechanism for transparency and parliamentary oversight regarding rules and notifications issued under Sections 16 and 42.
This section mandates that any rule or notification under the Act must be placed before both Houses of Parliament for a cumulative duration of 30 days. This may be done in one session or spread across successive sessions.
If during this time both Houses agree to:
- Modify the rule or notification: It takes effect in the modified form.
- Reject the rule or notification: It becomes null and void.
Importantly, even if a rule or notification is later annulled or modified, actions already taken under it remain valid.
Key Provisions:
- Applies to rules/notifications under Section 16 and Section 42.
- Must be laid before both Houses of Parliament.
- Effective for 30 sitting days (in one or more sessions).
- Parliament can modify or annul rules/notifications.
- Past actions under the original rule remain valid.
Illustration
Example 1: Rule Issued Under Section 16
The Central Government issues a rule regarding consent mechanisms under Section 16 of the DPDP Act. The rule is laid before Parliament during the Winter Session for 15 days and then again in the Budget Session for 15 more days, fulfilling the 30-day requirement.
If both Houses later decide to amend the rule, it will only take effect in its modified version.
Example 2: Notification Rejected
A notification under Section 42 appoints a new Data Protection Board mechanism. However, Parliament disagrees with the structure and votes to annul it. In this case, the notification becomes ineffective, but any decisions taken by the Board before annulment remain valid.
Common Questions and Answers on Section 41 DPDP
1. Why is it important to lay rules before Parliament?
To ensure democratic oversight, accountability, and transparency. It allows Parliament to scrutinize delegated legislation.
2. What happens if both Houses disagree with a rule?
If both Houses agree to annul or modify it, the rule takes effect in its modified form or becomes void, respectively.
3. Are previous actions taken under an annulled rule still valid?
Yes. Section 41 clearly states that modification or annulment does not affect anything already done under the rule or notification.
4. What are Sections 16 and 42 about?
- Section 16 relates to obligations of data fiduciaries regarding data processing.
- Section 42 relates to the power of the Central Government to make rules under the Act.
5. Can Parliament modify a rule partially?
Yes. Parliament may agree to modify only specific parts of a rule or notification, allowing the rest to remain intact.
Conclusion
Section 41 of the DPDP Act ensures that the process of rule-making and notification issuance is not arbitrary. It empowers Parliament to review and influence subordinate legislation, upholding democratic values and accountability. This provision safeguards citizen rights by ensuring that rules under crucial sections like 16 and 42 are not implemented without scrutiny.
For in-depth insights and updates on the DPDP Act, visit ApniLaw.
