Prez nod for proposed data protection law as money bill but govt may choose not to

Prez nod for proposed data protection law as money bill but govt may choose not to

The Opposition parties are concerned, especially because they believe the proposed law also violates the principle of RTI.

The Narendra Modi government has secured President Droupadi Murmu’s approval to bring the new data protection bill as a money bill—a piece of legislation that bypasses Rajya Sabha’s power to vote it down.

Government officials, however, claimed that the bill will still be brought as an ordinary or non-money bill. In that case, the key legislation will require the approval of the Rajya Sabha.

The Opposition parties, however, are concerned, especially because they believe the proposed law also violates the principle of RTI. The law stipulates and information related to personal data will not be given under RTI.

On Thursday, Congress lawmaker Manish Tewari tweeted a notification that says the bill can be brought as a money bill.

“How Did the Digital Data Protection Bill get classified as a Financial Bill suddenly? If this bill on passage is certified as a money bill by @loksabhaspeaker @ombirlakota which seems to be the intent of getting it classed as a Financial Bill then Rajya Sabha can not vote on it. It can only recommend non binding changes to Lok Sabha,” he tweeted.

“The latest iteration of this Bill mocks the efforts put in by the Joint Committee of Parliament on the Data Protection Bill led by two @BJP4India members @ppchaudharybjp & @M_Lekhi respectively. It needs to be considered as a regular bill and go to a JPC again,” he added.

The notification, tweeted by Tewari reads, “The President, having been informed of the subject matter of the Digital Personal Data Protection Bill 2023, recommends to the House the introduction of the Bill under article 117(1) and consideration of the bill under article 117(3) of the Constitution.”

Article 117 of the Constitution deals with “Special provisions as to financial Bills”.

Article 117(1) says, “A Bill or amendment making provision for any of the matters specified in sub clauses (a) to (f) of clause ( 1 ) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.”

Section 3 of the article says, “ A Bill which, if enacted and brought into operation, would involve expenditure from the consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill Procedure Generally.”