Section 43 gives the Central Government a temporary power to address practical or transitional difficulties arising while implementing the DPDPA. If an unforeseen problem prevents or complicates the effective operation of the Act, the Government may issue an order containing measures necessary or expedient to resolve that problem.
Any such order must be:
-
published in the Official Gazette;
-
directed at an actual difficulty in implementing the DPDPA;
-
consistent with the provisions and purposes of the Act; and
-
laid before both Houses of Parliament as soon as reasonably possible after issuance.
The power is corrective and transitional. It does not permit the Central Government to amend the DPDPA indirectly, create obligations unrelated to the Act, remove statutory rights, expand penalty limits or override an express provision enacted by Parliament. A removal-of-difficulties order may facilitate implementation or clarify how the statutory framework operates, but it cannot rewrite the legislation.
The power is also time limited. No order may be issued after three years from the commencement of the Act. Section 43 came into force on 13 November 2025, so the present statutory window for issuing such orders runs until13 November 2028. After that period, implementation issues would ordinarily need to be addressed through rules, statutory notifications, formal legislative amendment or other powers available under the Act.
Every order must be placed before both Houses of Parliament. This provides parliamentary visibility and oversight over the Government’s use of the power, although Section 43 does not reproduce the specific thirty-day modification and annulment procedure contained in Section 41.
In summary, Section 43 allows the Central Government to resolve unforeseen implementation difficulties during the DPDPA’s initial operational period. It is a limited transitional mechanism, not a general power to amend or override the Act.