Section 21 of Digital Personal Data Protection Act, 2023: Disqualifications of Chairperson and Board Members
Section 21 of the Digital Personal Data Protection Act, 2023 lays down the circumstances in which a person is disqualified from being appointed, or from continuing, as the Chairperson or a Member of the Data Protection Board of India. It also provides an important procedural safeguard before removal from office.
What Section 21 provides
In simple terms, Section 21 is an eligibility and continuation-in-office provision. It identifies events or circumstances that make a person unsuitable in law to be appointed or to continue as the Chairperson or a Member of the Data Protection Board of India.
Section 21 - Disqualifications for appointment and continuation as Chairperson and Members of Board
Sub-section (1): A person is disqualified for appointment and continuation as the Chairperson or a Member if the person:
- has been adjudged an insolvent;
- has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
- has become physically or mentally incapable of acting as a Member;
- has acquired a financial or other interest likely to prejudicially affect the discharge of functions as a Member; or
- has abused the position in such a manner that continuation in office is prejudicial to the public interest.
Sub-section (2): The Central Government cannot remove the Chairperson or a Member from office without giving that person an opportunity of being heard in the matter.
Meaning of the disqualifications under Section 21
- Insolvency: A person who has been adjudged insolvent is disqualified. The provision uses a formal legal status rather than merely referring to financial difficulty.
- Conviction involving moral turpitude: A conviction does not automatically fall within this clause merely because an offence has been committed. The statutory language requires the Central Government to form an opinion that the offence involves moral turpitude.
- Physical or mental incapacity: The relevant question under the section is whether the incapacity has made the person incapable of acting as a Member.
- Conflicting financial or other interest: The provision addresses an interest that is likely to prejudicially affect the Member's functions, thereby protecting independence and impartiality in the Board's functioning.
- Abuse of position: A person may be disqualified where abuse of office makes continuation prejudicial to the public interest.
Opportunity of hearing before removal
Section 21(2) expressly protects the Chairperson and Members against removal without a hearing. Before the Central Government removes a person under Section 21, that person must be given an opportunity to be heard. This statutory requirement incorporates a procedural safeguard into the removal process.
How Section 21 fits within the Data Protection Board framework
Chapter V of the Act establishes and regulates the Data Protection Board of India. Section 18 concerns establishment of the Board, Section 19 deals with its composition and qualifications, Section 20 addresses salary, allowances and term of office, and Section 21 deals specifically with disqualification for appointment and continuation. Sections 22 to 26 then address resignation and vacancies, proceedings, officers and employees, public-servant status and the powers of the Chairperson.
Official legal resources
For the authoritative statutory text and the current implementation framework, readers should consult the Government of India sources below.
Legal note: This page is intended as a general explanation of Section 21. For an official or litigation purpose, verify the statutory text, commencement notifications, applicable rules and subsequent amendments or judicial decisions from authoritative sources.