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DPDP Act 2023

Section 37

Removal of Difficulties

THE STATUTE

Original Text

(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 appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

Simplified

Section 37 is the standard 'removal of difficulties' provision — the legislative gap-filler that allows the Central Government to address unforeseen implementation problems in the first two years after the DPDP Act comes into force. Any orders made must not be inconsistent with the Act's provisions — this is not an amendment power but a clarification and gap-filling power for genuine implementation difficulties. The two-year sunset ensures this power is transitional: once the initial implementation period is over, any remaining difficulties require formal legislative amendment. The parliamentary laying requirement provides oversight: both Houses of Parliament receive and can scrutinise removal of difficulties orders, ensuring this executive power is not used to make substantive policy changes without parliamentary engagement. Given the DPDP Act's phased commencement, the two-year window runs from the actual commencement date of each relevant provision — or from the general commencement date, depending on interpretation. This is practically significant because some DPDP provisions may be notified to commence later than others, and the difficulty removal power may still be available for those provisions even after two years from the general commencement.

Common Queries

Section 37(1) limits the power to two years from the commencement of the Act. After that, any remaining difficulties must be addressed through formal legislative amendment by Parliament.
No. The removal of difficulties power explicitly cannot make provisions inconsistent with the Act. It is a gap-filling and clarification power, not an amendment power.
As of the DPDP Rules 2025 notification (13 November 2025), no Section 37 difficulty-removal orders have been publicly reported. The two-year window runs from commencement — the Rules' phased commencement means the window may differ across provisions.
Potentially yes — extending a compliance timeline addresses a 'difficulty in giving effect to provisions of the Act' without being inconsistent with those provisions. If the Board or industry encounters genuine implementation difficulties in the 18-month compliance window (ending May 2027), a Section 37 order extending timelines is legally plausible.

Legal Context

Removal of difficulties provisions are standard across Indian legislation — the IT Act, Companies Act, FEMA, GST Acts, and virtually every major statute include them. They reflect legislative pragmatism: complex statutes will always throw up unforeseen implementation problems, and a gap-filling power prevents the statute from being stalled on technical difficulties while a formal amendment is prepared.

Key Rules & Provisions

Two-year sunset from commencement — purely transitional power.

Cannot be used to make provisions inconsistent with the Act — not an amendment power.

Parliamentary laying requirement — legislative oversight of executive gap-filling.

Related Case Laws

Central Bank of India v. Workmen (1960)

AIR 1960 SC 12
RELEVANCE

The Supreme Court affirmed that removal of difficulties provisions must be construed narrowly — they enable the executive to resolve genuine implementation gaps, not to rewrite the statute. Section 37's power is bounded by this principle: orders must address actual difficulties in giving effect to the Act, and must not contradict its provisions.