Code: Section 43 DPDP Act
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as may appear to it to be necessary or expedient
for removing the difficulty.
(2) No order as referred to in sub-section (1) shall be made after the expiry of three
years from the date of commencement of this Act.
(3) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
Explanation of Section 43 DPDP
Section 43 gives the Central Government limited power to resolve any problems that arise while implementing the DPDP Act. If the law is unclear in a specific situation or creates confusion, the government can issue an official order to clarify it. This process ensures that the Act remains functional during its early stages of enforcement.
However, this power is temporary. The government can only issue such orders within three years from the date the Act begins. After that, any changes or clarifications must come through formal amendments to the law.
Every such order must also be shared with Parliament, which ensures democratic oversight.
Key Points
- The government can issue clarifying orders if any difficulty arises in applying the Act.
- These orders must not go against the original provisions of the law.
- This power is limited to a three-year period after the Act starts.
- All orders must be presented before both Houses of Parliament.
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Illustration
Example: Early Clarification Within Three Years
Suppose a clause in the DPDP Act is unclear about how data fiduciaries should report breaches. If this ambiguity affects implementation, the Central Government can issue a clarifying order. For instance, it may outline how and when reporting should happen.
If the Act came into force on July 1, 2023, the government can issue such an order until June 30, 2026. After that date, any changes must go through Parliament via a formal amendment.
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Common Questions and Answers on Section 43 DPDP
- Why does Section 43 exist?
It helps the government solve practical challenges in applying the law. Sometimes, small gaps or unclear wording make implementation difficult. Section 43 offers a quick fix during the initial rollout phase.
- What limits apply to this power?
The government can’t use this power to contradict the Act. Also, it can only use this authority within three years from the start of the Act.
- What happens after three years?
After the three-year window closes, the government must follow the regular legislative process to make changes—this includes debates and approval in Parliament.
- Who oversees these government orders?
Each order must be laid before both Houses of Parliament. This gives lawmakers the chance to review, question, or even suggest changes.
- Is this a common clause in Indian laws?
Yes. Many major laws include a similar “removal of difficulties” provision to allow for smoother early-stage enforcement.
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Conclusion
Section 43 of the Digital Personal Data Protection Act is a practical safeguard. It lets the Central Government clear up issues that may arise during the early implementation of the law. At the same time, it sets firm boundaries by limiting the time window and requiring parliamentary oversight. This ensures that the law stays flexible without compromising accountability.
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