Improving India's Regulatory Frameworks: Recommendations for the Data Protection Authority

The paper titled “Towards better enforcement by regulatory agencies” Trishee Goyal and Renuka Sane studies the enforcement processes at the Securities Exchange Board of India (SEBI) and the Competition Commission of India (CCI). The paper explores two questions of natural justice: the right to be heard and separation of powers. The paper finds evidence of several procedural failures at both the regulators. The paper argues that this is because the Indian law just assumes that process of natural justice will be followed, and does not codify the same. In other countries, these processes are codified in laws,regulations and process manuals. The paper then presents recommendations on how processes of natural justice should be codified within the legal and regulatory framework of the proposed Data Protection Authority (DPA).


Watch this video to understand the gist of the issue. Read the paper here: