Niti Aayog's Data Governance Framework: A Case of Unilateral Administrative Action

Recently, Niti Aayog introduced the Data Governance Framework, which empowers the central government to seize data from entities without their consent in certain situations. This situation eerily mirrors Section 3 of the General Clauses Act, 1897, which defines 'rule, regulation, bye-law or other instrument' as an instrument having effect as a law. This allows the central government to issue binding orders and directions under the pretext of 'in the public interest', effectively bypassing parliamentary oversight. This raises concerns about the misuse of Section 3, as it gives unchecked authority to the administration to unilaterally decide what constitutes 'public interest'. The Niti Aayog's Data Governance Framework appears to be a classic case of 'Administrative Absolutism', where a single authority exercises power without checks and balances.