As of September 2026, consider the following statements: Assertion (A): Clause (j) of sub-section (1) of Section 8 of the Right to Information Act, 2005 stands substituted and now reads, in its entirety, "information which relates to personal information". Reason (R): The whole of Section 44 of the Digital Personal Data Protection Act, 2023 was brought into force on 13 November 2025. Which one of the following is correct in respect of the above statements?
- (a) Both A and R are true, and R is the correct explanation of A.
- (b) Both A and R are true, but R is not the correct explanation of A.
- (c) A is true, but R is false.
- (d) A is false, but R is true.
A is true. Section 44(3) of the Digital Personal Data Protection Act, 2023 (Act No. 22 of 2023) reads: "In section 8 of the Right to Information Act, 2005, in sub-section (1), for clause (j), the following clause shall be substituted, namely:— '(j) information which relates to personal information;'." India Code's updated RTI Act prints exactly that clause, with the footnote "Subs. by Act 22 of 2023, s. 44 for clause (j) (w.e.f. 13-11-2025)". Because the whole clause was substituted, the relevance test, the harm test and the larger-public-interest override held by the CPIO, SPIO or appellate authority all went with the old clause.
R is false, and the reason is that commencement of Section 44 is staggered. G.S.R. 843(E), Ministry of Electronics and Information Technology, dated 13 November 2025, brought into force a first tranche which names, of Section 44, only "sub-sections (1) and (3)". Sub-section (2) of Section 44 — which omits Section 43A of the Information Technology Act, 2000 — sits in the eighteen-month tranche and is not in force as of September 2026. So the RTI amendment is live while the rest of Section 44 is not.
(a) is where most candidates will land: A is familiar, R sounds like the same fact restated, and the tranche list in the commencement notification is the only thing that separates them. (b) also requires R to be true. (d) is for the candidate who believes the clause was stayed or read down; it was not — the Supreme Court issued notice, refused an interim stay and referred the challenge to a larger bench on 16 February 2026, and gave the Union two weeks to respond on 7 August 2026, so the clause is in force, challenged and unstayed. One further point the substitution does not carry: Section 8(2) survives verbatim and applies to any exemption in sub-section (1), clause (j) included, so a public authority may still allow access "if public interest in disclosure outweighs the harm to the protected interests". What the substitution removed was the override inside clause (j) itself, exercisable by the CPIO, SPIO or appellate authority; the surviving override is a discretion of the public authority, outside sub-section (1). "No public-interest test survives anywhere in Section 8 for personal information" is therefore false.
Trap: ch18 — if a stem does not say "as originally enacted", it is asking the position today; and the position today is that clause (j) is a bare exemption, Section 8(2) is intact, and Section 44(2) of the DPDP Act has still not commenced.