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DPDP 2025 does not operate retrospectively — Supreme Court 2025
Supreme Court of India · 2025-02-14 · 2025 SCC OnLine SC 187 · ★ Landmark
DPDP substitution of §8(1)(j) is prospective; pre-14-Nov-2025 requests follow the old law.
Case details
| Court | Supreme Court of India |
|---|---|
| Decided | 2025-02-14 |
| Citation | 2025 SCC OnLine SC 187 |
| Bench | B, ., R, ., , G, a, v, a, i, , C, J, ,, , V, i, k, r, a, m, , N, a, t, h, , J |
| Petitioner | State Bank of India |
| Respondent | Ramesh Tyagi |
| RTI Act sections | §8(1)(j) |
| Outcome | Rejected |
Outcome
RTI applications filed before 14 Nov 2025 are decided under the pre-DPDP §8(1)(j) Girish Deshpande test.
Ratio decidendi
The substitution of §8(1)(j) by §44(3) of the DPDP Act, 2023, notified with effect from 14 November 2025, operates only on RTI applications filed on or after that date. Applications already under adjudication must be decided on the law as it stood at the date of filing, which is the Girish Deshpande three-part test.
Keywords
DPDP 2025, retrospective, section 8(1)(j), transition, Girish Deshpande
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Related
Editorial summary, not a certified report. The ratio here is an editorial compression. Before citing this ruling in a PIO order, FAA speaking order, or any appellate filing, verify against the full reported decision. RTI Wiki is not a legal service.
Editorial summary · last reviewed 21 April 2026.
Discussion