Rule 16: Appointment of Chairperson and Other Members
Statutory Text — Rule 16: Appointment of Chairperson and Other Members. (click to expand)
(1) The Central Government shall constitute a Search-cum-Selection Committee, with the Cabinet Secretary as the chairperson and the Secretaries to the Government of India in charge of the Department of Legal Affairs and the Ministry of Electronics and Information Technology and two experts of repute having special knowledge or practical experience in a field which in the opinion of the Central Government may be useful to the Board as members, to recommend individuals for appointment as Chairperson.
(2) The Central Government shall constitute a Search-cum-Selection Committee, with the Secretary to the Government of India in the Ministry of Electronics and Information Technology as the chairperson and the Secretary to the Government of India in charge of the Department of Legal Affairs, and two experts of repute having special knowledge or practical experience in a field which in the opinion of the Central Government may be useful to the Board as members, to recommend individuals for appointment as a Member other than the Chairperson.
(3) The Central Government shall, after considering the suitability of individuals recommended by the Search-cum-Selection Committee, appoint the Chairperson or other Member, as the case may be.
(4) No act or proceeding of the Search-cum-Selection Committee specified in sub-rules (1) of this rule shall be called in question on the ground merely of the existence of any vacancy or absence in such committee or defect in its constitution.
Rule 16 outlines the procedure for appointing the Chairperson and Members of the Data Protection Board of India (DPBI), establishing transparency, merit, and institutional integrity in its composition. It mandates the formation of dedicated Search-cum-Selection Committees to identify qualified candidates for both roles.
1. Governance and Oversight
The Central Government is the appointing authority but relies on two independent Search-cum-Selection Committees for recommendations. This structure ensures checks and balances, combining administrative oversight with technical expertise.
- Chairperson: Cabinet Secretary.
- Members: Secretaries from the Department of Legal Affairs and the Ministry of Electronics & Information Technology (MeitY).
- Additional Members: Two domain experts of repute possessing special knowledge or practical experience relevant to the Board’s mandate.
- Chairperson: Secretary, MeitY.
- Members: Secretary, Department of Legal Affairs.
- Additional Members: Two experts of repute in relevant fields such as cybersecurity, data governance, digital forensics, or law.
2. Appointment Procedure
The process unfolds in three structured steps:
- Constitution of Committees by the Central Government.
- Shortlisting and Recommendation of suitable individuals by these Committees based on merit, expertise, and reputation.
- Final Appointment of the Chairperson and Members by the Central Government after assessing the recommendations.
This process ensures that the Board’s composition reflects both administrative capability and subject-matter depth in areas essential for digital governance.
3. Validity of Committee Proceedings
Sub-rule (4) provides a continuity clause, stating that the validity of the Committee’s actions cannot be challenged merely due to any vacancy, absence, or defect in its constitution. This safeguard prevents procedural interruptions and ensures that appointments and related decisions remain valid despite minor administrative anomalies.
When a statutory committee is formed, its functioning could be challenged in court if, for example, a member resigns, is absent during deliberations, or if a minor procedural lapse occurs in its constitution. Sub-rule (4) anticipates this and prevents such disruptions. It states that any decision or recommendation made by the Committee remains legally valid even if a vacancy arises or there is an irregularity in how the committee was composed.
This ensures administrative continuity — meaning the process of appointing the Chairperson or Members of the Data Protection Board will not be delayed or invalidated due to technical flaws. For instance, if one of the expert members is unavailable during a meeting or their appointment letter is issued late, the Committee’s recommendations still stand valid.
In legal terms, this clause protects the legitimacy of proceedings against procedural or technical objections, as long as the core intent of due process and fair selection is maintained. It reflects the principle that substance should prevail over form, safeguarding the governance mechanism from avoidable delays or judicial bottlenecks.
Sub-rule (4) thus acts as a stability clause — ensuring that minor administrative lapses do not derail the appointment process or compromise the operational readiness of the Data Protection Board.
This clause upholds institutional continuity and prevents litigation or procedural delays that might otherwise stall the functioning of the Data Protection Board.
4. Strategic Significance
The inclusion of independent experts signifies the Government’s intent to maintain a balanced and multidisciplinary decision-making framework. The presence of legal, administrative, and technical experts fosters credibility and ensures that the Data Protection Board operates with a nuanced understanding of privacy, technology, and regulatory enforcement.
Securze advises enterprises and institutions interacting with the DPBI to maintain transparent compliance documentation and readiness for any Board-led proceedings or reviews.
Rule 16 formalises the appointment mechanism of the Data Protection Board’s leadership. By establishing expert-driven selection committees, it ensures impartiality, technical depth, and administrative efficiency in the constitution of the Board.