University Institute Of Legal Studies

Information Technology Laws

E-Governance under Information Technology Act 2000

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 INTRODUCTION

 E-Governance is nothing but use of internet technology as a platform for exchanging information,
providing services and transacting with citizens, businesses, and other arms of government. E-
Governance provides a sound strategy to strengthen overall governance. It can not only improve
accountability, transparency and efficiency of government processes, but also facilitate sustainable
and inclusive growth. E-Governance also provides a mechanism of direct delivery of public
services to the marginal segments of the society in the remotest corners, without having to deal
with intermediaries. E-governance has become the key to good-governance in a developing country
like India. To be at par with developed countries, the Government of India had made out a plan to
use Information Technology extensively in its operation to make more efficient and effective and
also to bring transparency and accountability. However, for successful implementation of E-
Governance, government officials have to realize that E-Governance is no longer a matter of
choice, but an absolute need of the day. Cooperation from government officials and staff will be
crucial in realizing the goals of modernizing this nation through E-Governance. While the
developed countries have been able to benefit greatly from the wide use of Information Technology,
many developing countries are still grasping to make sense of how IT fits into their problems. The
trend is true in the case of E-Governance also. In every developing country, E-Governance has been
talked about a lot; some government offices have even taken innovative steps towards certain E-
Government projects. Since this is a new concept for government officials who are used to familiar
methods of work, the growth of E-Governance is met with resistance and fear, among other
infrastructural problems.
E-GOVERNANCE MODELS
 G2G (Government to Government): The exchange of
information between government agencies or departments, i.e.
within the confines of government is called as G2G interaction.
 G2C (Government to Citizen): As the name suggests, it is the
interaction between government and the citizens of the country. It
involves establishing an interface, to enable the general public to
access information and services, whenever and wherever they want.
They can also give their feedback with respect to policies and rules.
 G2B (Government to Business): The dissemination of
information between government and the business, is G2B
interaction. It focuses on reducing red-tapism, establishing
transparency and accountability in the business environment.
 G2E (Government to Employees): The interaction between
government and employees to increase employee morale and
satisfaction, is made easier and faster with the help of information
and communication technology
 E-Governance: Major Problems in India
 Poverty
Internet access is too expensive for the poor in developing countries like India. Installing the necessary
telephone lines needed for internet or email access is equally unaffordable in most poor countries.
 Technical illiteracy
There is general lack of technical literacy as well as literacy in countries like India.
 Language Dominance
The dominance of English on the internet constrains the access of non-English-speaking population. In
the case of India, 95 percent of the population does not speak English. Due to such overwhelming
dominance of English over these communication channels, computers and the internet are quite useless
in Indian villages.
 Unawareness
There is general lack of awareness regarding benefits of E-Governance as well as the process involved
in implementing successful G-C, G-G and G-B projects.
 Inequality
Inequality in gaining access to public sector services between various sections of citizens, especially
between urban and rural communities, between the educated and illiterate, and between the rich and
poor.
 Infrastructure
Lack of necessary infrastructure like electricity, internet, technology and ways of communications will
affect the speed which delays the implementation.
 Impediments for the Re-Engineering process
Implementation of E-Governance projects requires lots of restructuring in administrative processes,
redefining of administrative procedures and formats which finds the resistance in almost all the
departments at all the levels.
 DIFFERENCE BETWEEN E-GOVERNANCE AND GOVERNMENT

 Both terms are treated to be the same; however, there is a difference between the two.
"E-government" is the use of the ICTs in public administration – combined with
organizational change and new skills – to improve public services and democratic
processes and to strengthen support to public. The problem in this definition to be
congruence definition of e-governance is that there is no provision for governance of
ICTs. As a matter of fact, the governance of ICTs requires most probably a substantial
increase in regulation and policy-making capabilities, with all the expertise and
opinion-shaping processes along the various social stakeholders of these concerns. So,
the perspective of the e-governance is "the use of the technologies that both help
governing and have to be governed". The public–private partnership (PPP)-based e-
governance projects are hugely successful in India.
 Many countries are looking forward to a corruption-free government. E-government is

one-way communication protocol whereas e-governance is two-way communication

protocol. The essence of e-governance is to reach the beneficiary and ensure that the
services intended to reach the desired individual has been met with. There should be an
auto-response to support the essence of e-governance, whereby the Government
realizes the efficacy of its governance. E-governance is by the governed, for the
governed and of the governed.
 LAW AND E-GOVERNANCE

 E-governance represents new form of governance, which is dynamic, and

exponential. It needs dynamic laws, keeping pace with the technological
advancement. But this new dispensation of e-governance requires new set of
laws to redefine the old structure of governance by meshing with the new
structure of the web. E-governance is about extending the rule of law in the
cyberspace.
 The primary legal issues surrounding e-governance is all about giving legal
sanctity to basic governmental functions and practices from publication of an
Official Gazette to acceptance, issuance, creation, retention or preservation of
any document; and participation in any monetary transaction.
 The Information Technology Act, 2000 has adopted a ‘functional equivalent
approach’ in order to extend offline governmental functions and practices to the
online environment. The idea is to facilitate efficient government- citizen
interface by giving due legal recognition to digital signatures and electronic
records.
 It is important to note that Chapter 3 of the Information Technology Act, 2000
sections 4-10A deals with E-governance. However, important provisions are:
1. Legal recognition of records [Section 4]
 According to Section 4 the law requires that any information or matter must be

in writing or in handwritten form then such requirement shall be deemed to be

satisfied if such information is in electronic form. Therefore, Section 4 confers
validity on electronic record.
2. Legal recognition of digital signatures [Section 5]
 Section 5 confers validity on digital signature. It provides that whenever law

requires that any information or matter must be authenticated by affixing the

signature or document must be signed by a person then such requirement shall
be deemed to be fulfilled if such information, matter or document is digitally
signed.
3. Use of electronic records and digital signatures in Government and its
agencies [Section 6(1)]
 This Section confers validity on use of electronic record and digital signature

in govt. offices and agencies. It provides that whenever any form, application
or document is to be submitted by any person in a government office
(department) then it can be submitted in electronic form.
4. Rules by the appropriate Government [Section 6(2)]
 Regarding the use of electronic record or digital signature in the government offices or

agencies, rules are to be framed by the appropriate government

5. Delivery of services by service provider [Section 6A inserted by The Information
Technology (Amendment) Act, 2008]
 For the purposes of e-governance and for efficient delivery of services to the public

through electronic means the appropriate Government may, by notification in the office
order an service provider to set up, maintain and upgrade the computerised facilities and
perform such other services as it may specify.
 Service provider [Explanation to Section 6A]

It is important to note that the service provider so authorized includes any individual,
private company, partnership firm, sole proprietorship or any such other body or agency
which has been granted permission by the appropriate govt. to offer services through
electronic means in accordance with the policy governing such service sector.
 Collection etc. of service charges [Section 6A(2)(3)]

The appropriate Government may also authorise any service provider authorise to collect,
retain and appropriate such service charges, as may be prescribed by the appropriate
Government for the purpose of providing such services, from the person availing such
service.
Further, Government may authorise the service providers to collect, retain and appropriate
service charges under this Section even if there no express provision under the Act, rule,
regulation or notification under which the service is provided to collect, retain and
appropriate e-service charges by the service providers.
 Government to specify scale of service charges [Section 6A(4)]
Appropriate Government shall, however, by notification in the Official Gazette,
specify the scale of service charges which may be charged and collected byy the
service providers under this Section: Further, that the appropriate Government may
specify different scale of service charges for different types of services.

 Retention of electronic records.[Section 7A]

Where any law provides that documents, records or information shall be retained for
any specific period, then, that requirement shall be deemed to have been satisfied if
such documents, records or information are retained in the electronic form.
Therefore audit of these documents mean audit of e-documents also.
 Publication of rule, regulation, etc., in Electronic Gazette. [Section 8]
Where any law provides that any rule, regulation, order, bye-law, notification or any
other matter shall be published in the Official Gazette, then, such requirement shall be
deemed to have been satisfied if such rule, regulation, order, bye-law, notification or
any other matter is published in the Official Gazette or Electronic Gazette: Provided
that where any rule, regulation, order, bye-law, notification or any other matter is
published in the Official Gazette or Electronic Gazette, the date of publication shall be
deemed to be the date of the Gazette which was first published in any form.
 Power to make rules by Central Government in respect of digital signature.[Section
10]
 E-Government Project Management: Issues and Challenges
E-Government is recognized internationally as an enabler toward achieving good
governance, reducing cost of operations for the government, and increasing the ability of
citizens and businesses to access public services in an effective and cost efficient manner.
The successful implementation of e-Government project is a challenging task.
 Challenges for managing E-Government Projects in India
 Lack of effective project management tools and methods.
 Absence of proper planning, various ad hoc tasks are taken up by the project team due to
which the focus on critical activities is lost.
 The knowledge of project management concepts is very low in Government officials
forming part of the e-Government Project team.
 E-Government projects do not follow any standardized project management
implementation frameworks.
 Resources are over loaded with work due to inadequate staffing. Sometimes tasks not
assigned to the team appropriately.
 No control of central IT agencies during project execution. The decision making process is
generally left to individual line ministries and departments since funding comes from them.
 No provisioning of Project Management dashboard for collaborative project monitoring by
all stakeholders in large e-Government projects.
 Inadequate tracking of how the project is being implemented, tasks causing delays.
 No monitoring of Cost and Schedule at project checkpoints.
 During the project initiation, the baseline data is not captured which is useful for bench
marking of activities.
 Conclusion
 E-Governance enhances the relationships between G2G, G2C, G2B, C2G
and B2G using ICT. Thus, E-Governance not merely provides information
about various activities of a Government but also involves citizens to
participate in government’s decision making process. During the last few
years, many initiatives have been taken by different state governments in
India for using IT as a tool in the functioning of Government so as to
provide better services to citizens. In this paper we have made an attempt to
summarise key areas which should be focused upon when a country wishes
to position itself to be seriously moving towards E-Governance in a
comprehensive way. This is a change, a transition that cannot be stopped
since it is part of a global movement. Cooperation from government
officials and staff will contribute to a smoother transition. Given the current
high level of political commitment and largely adequate sources of funding,
India is likely to soon emerge as a leader in E-Governance.