Editorial 1: Telecom tribunal reforms to handle data protection pleas

Context

The Telecom Disputes Settlement and Appellate Tribunal must implement reforms as data protection becomes increasingly important in India’s digital governance framework.

 

Introduction

In January 2025, the Ministry of Electronics and Information Technology (MeitY) released the draft Digital Personal Data Protection Rules, 2025 under the Digital Personal Data Protection Act, 2023. However, the draft has faced criticism, especially regarding the Union government’s power to appoint members to the Data Protection Board (DPB). Since the DPB has quasi-judicial functions, many are concerned that government control over appointments could affect its independence and the separation of powers.

• Appeals from DPB decisions must be filed digitally with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), as per the Act and draft Rules.
• TDSAT is required to resolve appeals within six months.
• The effectiveness of this system is uncertain, raising concerns about feasibility.
• Three key reforms can help TDSAT handle DPB appeals more efficiently:
  • Appointing a technical member with expertise in data protection.
  • Increasing capacity to resolve appeals quickly.
  • Implementing technological upg

Need for a specialist

• TDSAT needs a technical member with data protection expertise to handle sector-specific matters effectively.
• Tribunals are specialized because they include technical members with sectoral knowledge.
• Section 14C of the TRAI Act, 1997 states that a TDSAT member must have served as a Government Secretary (or equivalent) for at least two years or have expertise in technology, telecom, industry, commerce, or administration.
• TDSAT is designed for telecom-related appeals, but data protection involves privacy laws, consent, data access, storage, transfer, and misuse, which are distinct from telecom issues.
• Understanding data protection laws requires specialized knowledge, making it necessary to appoint a technical member with expertise in data privacy.
• Amending Section 14C of the TRAI Act is required to include data protection expertise as a qualification for TDSAT members.

The burden of cases

Aspect	Details
Need to Assess TDSAT’s Capacity	If TDSAT is designated as the appellate tribunal for DPB, its ability to handle appeals efficiently must be evaluated.
Original Plan for Appeals	The 2018 Personal Data Protection Bill recommended setting up a new tribunal or giving powers to an existing tribunal, as suggested by the Justice B.N. Srikrishna Committee.
Changes Over Time	In 2022, a new Bill proposed High Courts as the appellate body, but this approach was questionable due to the already high workload of High Courts, leading to more tribunals.
Current Case Backlog in TDSAT	From Feb 2020 to Feb 2025, 3,448 cases remain pending, making it difficult to meet the Act’s six-month disposal timeline.
Additional Burden from the Telecom Act	The new Telecommunications Act will add more cases to TDSAT’s workload, further straining its capacity.
Limited Judicial Members	As of January 2025, TDSAT had only one technical member and lacked a judicial member, which is concerning since the Supreme Court has emphasized the need for judicial expertise in tribunals.
Challenges in Handling DPB Appeals	Given the existing case load and lack of judges, TDSAT may struggle to meet the timelines set in the draft Digital Personal Data Protection Rules, 2025.
Possible Solutions	Higher budget allocations and the creation of additional TDSAT benches could help reduce the backlog and improve efficiency.

Upgrade Digital Infrastructure

• The TDSAT must modernize its technology to meet the requirements of the Act.
• The draft Digital Personal Data Protection Rules, 2025 mandate that appeals be filed digitally.
• However, the current TDSAT website is outdated and does not inspire public confidence.

Improve Website Functionality

• The website should be improved for:
  • Better navigation and ease of use.
  • Increased access to details on pending and completed cases.
  • Efficient digital filing systems to handle appeals smoothly.

Implement an Effective Case Management System

• The TRAI Annual Report 2023 mentions a “legal cases management system” introduced by TDSAT.
• However, there is no clarity on its implementation status or impact on case backlog.
• A strong digital system is crucial to manage the complexity and high volume of data protection appeals.

Institutional Reforms Needed in TDSAT

1. Appoint a Technical Member for Data Protection

• A specialist in data protection should be added to ensure proper handling of privacy-related cases.

2. Increase Capacity to Dispose of Appeals

• More benches and resources are needed to speed up appeal resolution.

3. Strengthen Accountability Through Annual Reports

• TDSAT should publish yearly reports with details on:
  • Number of appeals filed, allowed, or dismissed.
  • Pending appeals and their status.
  • Key legal issues involved in each appeal.

These reforms will ensure TDSAT functions effectively under the Digital Personal Data Protection Act.

Conclusion

This information should be given for each type of case, such as telecom, broadcasting, and data protection. Since data protection is becoming more important in India’s digital governance, TDSAT’s ability to handle these cases well will be crucial for upholding the law and safeguarding individual rights.

Editorial 2: A delimitation red flag — the lessons from J&K, Assam

Context

Another risk associated with delimitation is the communal division of electoral constituencie

Introduction

As discussions on the delimitation of legislative constituencies intensify, various concerns and possible solutions have been raised. One practical proposal is to maintain the current number of parliamentary seats while increasing the number of Assembly seats in states with growing populations. This approach is more democratic, as Members of the Legislative Assembly (MLAs) serve as the primary representatives for their constituents, addressing local issues, whereas Members of Parliament (MPs) primarily focus on national policy matters.

Addressing Power Imbalance and Strengthening Zonal Councils

Concern	Proposed Solution
Southern states fear an imbalance of power due to delimitation	Redistribute Rajya Sabha seats equally among the five geographic zones (Northern, Central, Eastern, Western, and Southern).
Zonal Councils are inactive	Most zonal councils have not met since 2023, except the Western Zonal Council (Feb 2025). The Southern Zonal Council last met in 2022, despite a planned meeting in Chennai (Jan 2025).
Criticism of Zonal Councils	Some argue that zonal councils were meant to resolve inter-state disputes, while the Inter-State Council was intended for both State-State and Centre-State relations.
Actual Role of Zonal Councils	In practice, they address a variety of issues, from Aadhaar to governance, making their role more significant.
Need for Structural Changes	– Zonal Councils should be independent of the Home Ministry to function effectively.   – They should coordinate with the Inter-State Council, which has been inactive since 2016 and needs greater authority and permanence.

 

The case of Jammu and Kashmir

• Recent State-Level Delimitations: Two state-level delimitations—Jammu & Kashmir (2022) and Assam (2023)—highlight concerns for the 2026 delimitation process.
• Criticism of J&K Delimitation: Apart from the Bharatiya Janata Party (BJP), all political parties in Jammu & Kashmir opposed the exercise due to several issues.
• Disproportionate Seat Allocation: Jammu gained six new seats, while the Valley received only one, creating an imbalance in vote weight (Jammu votes carried 1.2 times the weight of Valley votes).
• Illogical Constituency Boundaries: Constituencies were redrawn without administrative or geographic logic, such as merging Poonch and Rajouri (Jammu region) with Anantnag (Valley region) despite their geographical separation.
• Communal Seat Distribution: All six newly created constituencies—Jasrota, Ramgarh, Ramnagar, Vaishno Devi, Padder-Nagseni, and Doda West—were Hindu-majority.
• Demographic Manipulation: Muslim-majority Kishtwar was altered into a Hindu-majority constituency by merging parts of the former Inderwal constituency.
• Unequal Electorate Sizes: Hindu-majority constituencies such as Vaishno Devi, Padder, and Doda West had smaller electorates (around 50,000 voters), while Muslim-majority constituencies like Dooru (1.92 lakh) and Surankote (1.77 lakh) had significantly larger voter populations.
• Warning for 2026 Delimitation: These flaws and communal biases in the J&K delimitation raise concerns about fairness, representation, and national unity in the upcoming 2026 exercise.

In Assam

Issue	Details
District Mergers	Assam cabinet merged 4 districts back into their original ones, reducing total districts from 35 to 31.
Frozen Assembly Seats	Number of Assembly seats remained unchanged despite redistricting.
Loss of Muslim-Majority Seats	10 Muslim-majority seats were removed, including South Salmara, Barpeta (2), Darrang, Nagaon, Dibrugarh, Sibsagar, Jorhat, Hailakandi, Karimganj.
Increase in Hindu & Tribal Seats	Hindu and tribal seats increased, altering demographic balance.
Unequal Constituency Sizes	Constituencies were drawn with vastly different population sizes, impacting fair representation.
Pattern of Bias	Like Jammu & Kashmir, delimitation favored certain communities while reducing minority influence.
Warning for 2026	Risk of similar tactics being used again to manipulate electoral representation.

Danger of polarisation

Issue	Details
Opposition’s Inaction	Despite its importance, the Opposition has not actively addressed the risks of communal delimitation.
Minority Populations in Opposition States	Many Opposition-ruled States have large minority populations, mostly Muslim.
Past Secular Voting Trends	In Bengal and Tamil Nadu, regional identity has outweighed communal identity, with major parties like TMC and DMK securing votes across religious groups.
Risk of Polarization	No guarantee that non-communal voting will continue; communal demarcation could polarize voters even in the South.
Pattern from Jammu & Assam	Delimitation changes in these States helped BJP consolidate votes through communal divisions.
Spreading of Border-State Policies	Previously, draconian laws and minority repression were mainly used in border States, but now these policies are expanding nationwide.

Conclusion

The imbalance in power between large northern states and the rest, resulting from population-based delimitation, is a serious concern. However, an equally pressing issue is the communal division of electoral constituencies, which poses another threat to national unity. Population-based delimitation could further reduce the influence of more developed states, deepening the divide between them and less developed regions. At the same time, communal delimitation risks dividing people along religious lines, disrupting social harmony. Together, these two factors create a significant challenge to the foundations of India’s pluralistic federation and must be prevented.