Section 21: Disqualifications for appointment and continuation as Chairperson and Members of Board

Section 21 sets out the rules for when a person is disqualified from being appointed or continuing as the Chairperson or a Member of the Data Protection Board of India. A person is disqualified if they are declared insolvent, or if they are convicted of an offence that the Central Government believes involves moral turpitude. They are also disqualified if they become physically or mentally incapable of performing their duties as a Member. Further, a person cannot serve if they acquire a financial or other interest that is likely to negatively affect their functions. Finally, they are disqualified if they abuse their position in a way that makes their continuation in office harmful to the public interest. Before the Central Government can remove the Chairperson or a Member from office for any of these reasons, it must give that person an opportunity to be heard.

Key points

• A person cannot be appointed or continue as Chairperson or Member if they are adjudged as an insolvent. [(1)(a)]
• Disqualification occurs if the person is convicted of an offence involving moral turpitude, as determined by the Central Government. [(1)(b)]
• Physical or mental incapacity to act as a Member results in disqualification. [(1)(c)]
• Acquiring a financial or other interest that prejudices their functions, or abusing their position against the public interest, disqualifies a person. [(1)(d), (1)(e)]
• The Central Government cannot remove the Chairperson or a Member without first giving them an opportunity of being heard. [(2)]

Common misreadings

• The Central Government can immediately remove a Board member without warning or discussion.