Section 22 - Resignation by Members and filling of vacancy

1.1 Detailed structured summary

Section 22 regulates three connected matters concerning the Chairperson and other Members of the Data Protection Board of India:

1. how a Chairperson or Member may resign;

2. how a resulting vacancy must be filled; and

3. the restrictions and disclosure obligations that apply when a Chairperson or Member accepts employment after leaving office.

The provision is intended to ensure an orderly transition when a Member leaves the Board and to address post-office conflicts arising from employment with entities that may have appeared before that Member. Section 22 has been in force since 13 November 2025.

2. Resignation must be given in writing to the Central Government

The Chairperson or any other Member may resign by giving written notice to the Central Government.

An oral indication, informal conversation or communication solely to:

• the Chairperson;

• another Member;

• the Board’s officers;

• MeitY officials without the communication being addressed to the Central Government;

does not, by itself, satisfy the statutory form stated in Section 22(1).

The written-notice requirement creates a clear and verifiable record of:

• the intention to resign;

• the date on which notice was given;

• the date on which the Central Government received it;

• the commencement of the three-month period;

• the event that ultimately makes the resignation effective.

The Act does not prescribe a particular statutory form for the resignation notice. The essential requirements are that it be:

• in writing;

• communicated to the Central Government; and

• expressive of the office-holder’s intention to resign.

3. Giving notice does not necessarily produce immediate resignation

A resignation does not automatically become effective merely because the Chairperson or Member submits written notice.

Section 22 specifies four possible events from which the resignation may become effective:

1. the date on which the Central Government permits the person to relinquish office;

2. expiry of three months from the Central Government’s receipt of the notice;

3. the date on which a duly appointed successor enters office; or

4. expiry of the resigning person’s existing term.

The resignation takes effect upon whichever of these events occurs first.

This produces a controlled transition rather than permitting an office-holder to leave immediately and unilaterally in every case.

The statutory structure can be summarised as:

WRITTEN RESIGNATION NOTICE RECEIVED BY THE CENTRAL GOVERNMENT

WHICH OF THE FOLLOWING OCCURS FIRST?

1. Government permits relinquishment Three months expire Successor enters office Existing term expires
2. RESIGNATION BECOMES EFFECTIVE

4. Permission to relinquish office

The Central Government may permit the Chairperson or Member to relinquish office before the other events occur.

If permission is granted, the resignation becomes effective on the date specified or permitted by the Central Government.

This allows an earlier departure where the Government considers that:

• an immediate or earlier transition is administratively manageable;

• the Board’s functioning will not be prejudiced;

• another arrangement has been made;

• the circumstances justify early relief.

The provision does not require the Central Government to keep every resigning Member in office for three months.

Conversely, the submission of the notice does not give the Member an unconditional right to leave immediately unless one of the statutory events has occurred.

5. Three-month outer period after receipt of notice

If the Central Government does not earlier permit relinquishment, and neither a successor enters office nor the existing term expires, the resignation becomes effective upon expiry of three months from the date on which the Central Government received the written notice.

The three-month period is measured from receipt, not merely from:

• the date written on the notice;

• the date on which the Member internally decided to resign;

• the date on which the notice was dispatched.

The date of receipt should therefore be recorded clearly.

This mechanism prevents the Central Government from postponing the resignation indefinitely by withholding express permission. Once three months have expired, the resignation becomes effective unless an earlier terminating event has already occurred.

The provision does not state that the Government may extend the three-month period without the Member’s agreement.

6. A duly appointed successor entering office

The resignation may become effective before the expiry of three months if a duly appointed successor enters office.

Two aspects are important.

First, the successor must be duly appointed. The appointment must comply with:

• Section 19;

• Rule 17;

• the applicable qualification and disqualification provisions;

• the formal Central Government appointment process.

A person merely recommended, shortlisted or selected in principle is not yet a duly appointed successor.

Second, the successor must enter upon office. Formal appointment and actual assumption of office are connected but distinct steps. The statutory trigger is the successor entering office.

This mechanism permits continuity. The outgoing Member may remain in office until the properly appointed replacement assumes the role, unless an earlier statutory event occurs.

7. Expiry of the existing term

A resignation may also become effective upon expiry of the office-holder’s term.

Under Section 20, the ordinary term of the Chairperson and other Members is two years.

If a Member submits a resignation notice shortly before the scheduled end of the term, the term may expire before:

• three months have passed;

• the Government grants permission;

• a successor enters office.

In that situation, the office ends when the term expires because Section 22 applies the event occurring earliest.

Strictly, the person’s office would also end by expiry of tenure under Section 20. Section 22 confirms that the resignation process does not extend the office-holder’s term beyond its lawful expiry.

8. Meaning of “whichever is earliest”

The words “whichever is earliest” determine priority among the four events.

The Chairperson or Member does not remain in office until all four events have occurred. The first event to occur ends the office-holder’s service.

Example

A Member’s resignation notice is received on 1 June.

• The three-month period would expire on 1 September.

• The Member’s statutory term expires on 15 July.

• No successor has entered office.

• The Government has not previously permitted relinquishment.

The Member ceases to hold office on 15 July because expiry of the term is the earliest relevant event.

8.1 Another example

The same notice is received on 1 June, but the Central Government permits relinquishment from 20 June.

The resignation takes effect on 20 June, even though the three-month period has not expired.

These examples illustrate the statutory sequence. They do not create separate rules beyond the text.

9. Duties continue until the resignation becomes effective

Until one of the statutory trigger events occurs, the Chairperson or Member continues to hold office.

The person therefore remains subject to the applicable duties and service conditions, including:

• performance of Board functions;

• confidentiality;

• conflict-of-interest requirements;

• applicable service rules;

• lawful handover of institutional responsibilities.

The submission of a resignation notice does not itself place the office-holder outside the Board or suspend official duties.

The person should not act as though her authority has ended before the effective date. Equally, the Board should not treat the office as vacant merely because notice has been submitted.

9.1 Filling of vacancies

10. Vacancies requiring fresh appointment

Section 22(2) applies to a vacancy caused by:

• resignation;

• removal;

• death; or

• otherwise.

The words “or otherwise” ensure that the provision is not limited to the three specifically identified circumstances.

A vacancy may also arise because of matters such as:

• expiry of term without reappointment;

• disqualification;

• another lawful cessation of office.

The statutory response is the same: the vacancy must be filled through a fresh appointment made in accordance with the DPDPA.

11. “Shall be filled”

The words “shall be filled” make filling the vacancy mandatory.

Section 22 does not permit a vacancy to be treated as a permanent reduction in the Board’s notified composition.

Where the Central Government has notified a particular number of Members under Section 19, a vacancy is to be filled so that the Board’s composition is restored through the statutory appointment process.

The section does not prescribe a fixed number of days within which the fresh appointment must be completed.

The absence of a specific deadline does not change the mandatory wording. The appointment must still follow the process required by the Act and Rules.

12. Fresh appointment, not automatic succession

A vacancy must be filled by a fresh appointment.

This means that another person does not automatically become Chairperson or Member merely because she is:

• the next most senior Member;

• an officer of the Board;

• a member of the Search-cum-Selection Committee;

• the person who previously acted during the office-holder’s absence;

• the highest-ranked unsuccessful candidate from an earlier process.

The replacement must be appointed in accordance with the Act.

That requires, as applicable:

• satisfaction of the qualifications under Section 19;

• absence of disqualifications under Section 21;

• recommendation through the relevant Search-cum-Selection Committee under Rule 17;

• formal appointment by the Central Government.

The section does not create an internal promotion or automatic succession mechanism.

13. Vacancy in the office of Chairperson

Where the Chairperson’s office becomes vacant, the person appointed to fill it must be appointed specifically as Chairperson through the process applicable to that office.

An existing Member does not automatically become permanent Chairperson because of the vacancy.

Section 26 separately empowers the Central Government to authorise a Member to discharge the Chairperson’s functions where the Chairperson is unable to act due to absence, illness or other cause. Temporary discharge of functions must be distinguished from fresh appointment as Chairperson.

Section 22(2) is concerned with filling the substantive vacancy.

14. Vacancy does not dissolve the Board

A vacancy does not terminate the legal existence of the Data Protection Board.

Under Section 18, the Board is a body corporate with perpetual succession. It continues despite:

• resignation;

• removal;

• death;

• expiry of a Member’s term;

• another vacancy.

The effect of a vacancy on particular proceedings is governed by Section 23, which addresses the validity of Board acts or proceedings despite defects or vacancies.

Section 22 deals with restoring the membership of the Board through fresh appointment. It does not suggest that the Board ceases to exist in the meantime.

15. Appointment to the vacancy is a new term

Section 22 says that a vacancy is filled by fresh appointment. It does not state that the successor serves only the unexpired remainder of the predecessor’s term.

Read with Section 20, the better textual position is that the newly appointed person holds office for the statutory term applicable to her own appointment, subject to:

• the appointment instrument;

• age-related conditions;

• disqualification;

• resignation;

• other applicable service conditions.

The DPDPA does not expressly create a “remainder of the predecessor’s term” rule.

15.1 Post-office employment restrictions

16. One-year restriction after leaving office

Section 22(3) imposes a post-office employment restriction on the Chairperson and every other Member.

For one year from the date on which the person ceases to hold office, she cannot accept employment unless she first obtains the approval of the Central Government.

The restriction applies irrespective of how the office ended, including:

• completion of term;

• resignation;

• removal;

• cessation following disqualification;

• another lawful ending of office.

The one-year period is calculated from the date on which the person actually ceases to hold office, not from the date on which a resignation notice was submitted.

17. Scope of “any employment”

The phrase used is “any employment.”

It is not confined in its opening limb to employment with:

• Data Fiduciaries;

• technology companies;

• entities regulated by the Board;

• Government bodies;

• Indian organisations.

The statutory restriction is broadly framed. During the one-year period, prior Central Government approval is required before the former Chairperson or Member accepts any employment.

The Act does not define “employment” specifically for Section 22(3).

Its application may require consideration of the actual nature of an engagement, including whether it is:

• employment under a contract of service;

• an executive role;

• another arrangement having the substance of employment.

Section 22 does not expressly state whether every:

• independent consultancy;

• professional advisory assignment;

• academic engagement;

• non-executive directorship;

• partnership position;

constitutes employment. The factual and legal character of the arrangement would need to be assessed.

The broad wording should not be narrowed automatically to formal payroll employment alone, but it should also not be expanded without analysis to every unpaid or incidental activity.

18. Previous approval is mandatory

Approval must be obtained before accepting the employment.

A former Chairperson or Member cannot accept the position first and seek retrospective approval later on the assumption that approval will be granted.

The Central Government’s approval is not automatic. Section 22 does not prescribe:

• criteria for granting approval;

• a fixed decision period;

• a deemed-approval mechanism;

• a statutory application form.

The Government may need to consider matters such as:

• nature of the proposed employer;

• duties of the proposed role;

• matters handled by the former office-holder;

• confidential information to which she had access;

• possible conflict or appearance of impropriety.

These considerations explain the statutory purpose, but the Act does not set out a formal approval test.

19. Purpose of the one-year restriction

The restriction addresses risks that can arise when a former regulator or adjudicator moves immediately into outside employment.

It is particularly relevant where the person may possess:

• confidential information;

• insight into pending or completed proceedings;

• knowledge of regulatory strategy;

• relationships developed through office;

• influence associated with recent membership of the Board.

The restriction does not create an absolute one-year prohibition on employment. It creates a requirement for prior Central Government approval.

Employment may therefore be accepted during the one-year period where approval is obtained.

After the one-year period expires, this prior-approval requirement under Section 22(3) no longer applies. Other legal, contractual, confidentiality or conflict obligations may continue independently.

20. Subsequent employment with a Data Fiduciary involved in proceedings

Section 22(3) also imposes a separate disclosure duty where a former Chairperson or Member accepts employment with a Data Fiduciary against whom proceedings were initiated:

• by that Chairperson or Member; or

• before that Chairperson or Member.

The former office-holder must disclose that employment to the Central Government.

This disclosure requirement addresses a specific revolving-door concern: a Member later joining an entity whose proceedings she initiated or handled while in office.

21. “Proceedings were initiated by or before” the Member

The statutory language covers two situations.

21.1 Proceedings initiated by the Member

This may include a proceeding in which the Chairperson or Member exercised a statutory role in initiating the matter.

21.2 Proceedings initiated before the Member

This covers proceedings brought before the person in her capacity as Chairperson or Member.

The Data Fiduciary’s mere appearance in:

• publicly available information;

• general policy discussions;

• unrelated industry consultations;

does not necessarily mean proceedings were initiated by or before the Member.

The disclosure obligation is tied to proceedings in the relevant statutory sense.

22. Disclosure duty is not expressly limited to one year

The provision’s grammar creates an important distinction.

The first limb states that, for one year after leaving office, prior approval is required before accepting any employment.

The second limb states that the former Chairperson or Member “shall also disclose” subsequent employment with a Data Fiduciary against whom proceedings were initiated by or before her.

The second limb does not expressly repeat the one-year limitation.

Accordingly, the stronger textual reading is that:

• prior approval for any employment applies during the first year after leaving office;

• the duty to disclose employment with a relevant Data Fiduciary may continue beyond that year.

This distinction should be stated cautiously because the provision is contained within the same subsection. Nevertheless, the choice of the words “any subsequent acceptance of employment” supports a continuing disclosure obligation that is not expressly confined to the one-year cooling-off period.

23. Approval and disclosure are separate requirements

During the first year, proposed employment with a Data Fiduciary involved in proceedings may engage both requirements:

1. prior Central Government approval before accepting the employment; and

2. disclosure to the Central Government of the employment with that Data Fiduciary.

Obtaining prior approval should not automatically be assumed to eliminate the separate disclosure requirement, unless the approval process itself expressly satisfies it.

After the first year, prior approval under Section 22(3) may no longer be required, but the specific disclosure duty may still apply on the textual reading described above.

24. Employment with any Data Fiduciary is not automatically prohibited

Section 22 does not permanently prohibit a former Chairperson or Member from working for a Data Fiduciary.

It creates:

• a one-year approval requirement for any employment; and

• a disclosure obligation for employment with a Data Fiduciary connected with proceedings initiated by or before the former office-holder.

The Central Government may approve employment during the one-year period.

The provision does not declare that employment with a previously regulated entity is automatically invalid or permanently barred.

Its approach is one of controlled approval and transparency, rather than a lifetime prohibition.

25. Relationship with confidentiality and conflicts

Section 22(3) does not expressly state that confidential knowledge acquired in office may be used after departure.

The former Chairperson or Member may remain subject to:

• confidentiality obligations;

• applicable conduct rules;

• restrictions arising from the nature of the information;

• other laws governing misuse of official information.

Government approval of employment does not necessarily authorise disclosure or use of confidential Board information.

Likewise, disclosure of the employment relationship to the Central Government does not cure any separate misuse of confidential information.

26. No express consequence stated in Section 22(3)

Section 22 does not itself prescribe the legal consequence of:

• accepting employment without prior approval;

• failing to disclose employment with a relevant Data Fiduciary.

It does not expressly state that:

• the employment contract is void;

• remuneration must be forfeited;

• a specific monetary penalty applies;

• the person commits a criminal offence.

Any consequence must be determined from:

• other provisions of the Act;

• applicable service or conduct rules;

• the terms of the approval framework;

• another applicable law.

The absence of an express consequence in Section 22 does not make the obligation optional.

27. What Section 22 does not provide

Section 22 does not establish:

• immediate effectiveness of every resignation notice;

• a Central Government power to delay resignation beyond all four statutory events;

• automatic succession by the senior-most Member;

• a fixed deadline for filling a vacancy;

• automatic appointment of a previously shortlisted candidate;

• a rule limiting the successor to the predecessor’s unexpired term;

• an absolute prohibition on employment for one year;

• a permanent prohibition on employment with Data Fiduciaries;

• an express definition of employment;

• an express approval procedure;

• an express penalty for breach of the post-office restriction;

• automatic permission to use confidential information after leaving office.

Conclusion

Section 22 ensures continuity when a Chairperson or Member leaves the Data Protection Board and imposes safeguards against immediate post-office conflicts.

A resignation must be submitted in writing to the Central Government. It becomes effective on the earliest of:

• Government permission to relinquish office;

• expiry of three months from receipt of the notice;

• a duly appointed successor entering office; or

• expiry of the office-holder’s term.

A resulting vacancy must be filled through a fresh appointment made in accordance with the Act. The successor does not automatically assume office by seniority or internal nomination.

For one year after leaving office, the former Chairperson or Member must obtain prior Central Government approval before accepting any employment. She must also disclose subsequent employment with a Data Fiduciary against whom proceedings were initiated by or before her. The latter disclosure obligation is not expressly confined to the one-year period.

Key point

In substance, Section 22 balances an office-holder’s ability to resign with the need for an orderly transition, requires every vacancy to be filled through the statutory appointment process, and controls post-office employment through prior approval and disclosure requirements intended to protect the integrity of the Board.