E-Governance,definitions of e-governance,types of e-governance,Various factors which affect achieving e-governance in India,Advantages of E-governance

1. E-GOVERNANCE
INFORMATION TECHNOLOGY LAW
SEM. : 08
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2. • In simple word, E-Governance is nothing but a
mediator between government and citizens. It is the
use of a range of modern information and
technologies by government to improve efficiency,
service etc. i.e. Internet, mobile, local area network.
• E-governance is the application of ICTs
(INFORMATION AND COMMUNICATION
TECHNOLOGIES) to the processes of government
functioning so as to have simple, accountable,
speedy, responsive and transparent governance.
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3. • E-governance involves new styles of leadership,
new ways of debating and deciding policy and
investment, new ways of accessing education, new
ways of listening to citizens and new ways of
organizing and delivering information and services.
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4. DEFINITION BY
• E-GOVERNANCE refers to the use of
INFORMATION TECHNOLOGIES.
• Utilizing the internet and the world-wide-web for
delivering government information and serviced to
citizens.
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5. • Further, the World Bank defines E-governance as the use
of information and communication technologies by
government agencies to transform relations with citizens,
business and other arms of the government. It involves
information technology enabled initiatives that are used for
improving:
1. The interaction between government and citizens or
government and business commonly known as e-services;
2. The internal government operations commonly known
as e-administration: and
3. External interactions among the members of society
commonly known as e-society.
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6. Definition by
• Administrative , Legislative & Judicial agencies
digitize their internal and external operations and
utilize networked systems efficiently to realize better
quality in the provision of public services.
• In simple word, E-Governance is nothing but a
mediator between government and citizens. It is the
use of a range of modern information and
technologies by government to improve efficiency ,
service etc. i.e. Internet , mobile,local area network.
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7. Dr. APJ Abdul Kalam , former President of
India, has considered e-Governance in the Indian
context as:
"A transparent smart e-Governance with
seamless access, secure and authentic flow of
information crossing the interdepartmental barrier
and providing a fair and unbiased service to the
citizen."
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8. E-governance is a form of e-business, which
involves delivery of electronic services to the public,
viz., citizens. It also involves collaborating with
business partners of the government by conducting
electronic transactions with them. It enables general
public to interact with the government, Through
electronic means, for getting the desired services. In
other words, e-governance means application of
electronic means in the interactions between :
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9. 1. Government and citizens (G2C)--}
2. Citizen and Government (C2G) }
3. Government and business (G2B) } Models for
4. Business and Government (B2G) } E-Service
5. Government and Employee (G2E)--}
6. Internal government operation (G2G) E-Administration
The main objective of E-governance is to
simplify and improve governance and enable people's
participation in governance through mail, and internet.
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10. Government and citizens (G2C)
• G2C is transaction between government and citizens. It
includes,
• Basic citizens services such as online registration of
birth/death/marriage certificates.
• Health care, education services etc.
• Filing of income taxes.
Example: Government to Citizens is that :
National Portal of India
India.gov.in
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11. Government and business (G2B)
• G2B is transaction between government and Business. It
includes ,
• Dissemination of policies, memos etc.
• Government rules and regulations.
• Business information.
• Application forms, renewing licenses, registration, payment
of taxes.
Example: Government to Business is that:
Business Portal of India
Business.gov.in
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12. Government and Employee (G2E)
• G2E is transaction between government and Employee. It
Includes,
• Online conference for employee.
• Online training.
• Employee information.
Example: Government to Employee is that:
Ex. e-Training for Employees
www.egovonline.net
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13. Internal government operation (G2G)
• G2E is transaction between between the central/national and
local governments, and between government department and
agencies and organisation. It Includes,
• Records by state government ;
• Schemes , plan , Initiatives;
Example: Government to Government is that
e-governance standard Portal of India
http://egovstandards.gov.in
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14. Various factors which affect
achieving e-governance in India are:
1. Insufficient financial resources,
2. Lack of electronic resources,
3. Poor IT connectivity.
4. Lack of e-sensitisation of competent authorities and
5. Corruption.
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15. According to another jurist E-governance is not only
providing information about the various activities of the
government to its citizens and other organizations but it
involves citizens to communicate with government and
participate in government decision making. Further he opined
that E-governance is applied in following ways:
1. Putting government laws and legislations online.
2. Putting information relating to government plans, budgets,
expenditures and performances online.
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16. 3. Making available contact addresses of
local/regional/national/ international officials online.
4. Making available information about human rights
violations by government or its officials online to concern
citizens and NGO's.
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17. How E-governance is different from
E-Government?
E-Governance is a broader concept that deals with the
whole spectrum or the relationship and networks within
government regarding the usage and application of ICT. e-
Governance is a wider concept that defines and assesses the
impacts technologies are having on the practice and
administration of governments and the relationships between
public servants and the wider society, such as dealings with the
elected bodies or outside groups such as not for profits
organizations, NGOs or private sector corporate entities.
Whereas e-Government is a narrower discipline dealing
with the development of online government services to the citizen
and businesses such as e-tax, e-transportation, c-procurement, e-
participation amongst others.
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18. How E-governance is different front
governance ?
"E-governance is not merely computerizing existing
government. It is transforming the existing government."
In the new networked society, governments must
re-engineer themselves and shift from passive information giving
mechanisms to have active citizen involvement systems and must
facilitate much faster, cheaper, convenient, transparent and
dynamic interaction between government and citizen. Sometimes
it is also called as integrated-Governance (i-Governance) as it
integrates people, processes, information and technology in the
service of achieving the governance objectives.
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19. Advantages of E-governance
It has following advantages:
1. Cheaper governance because it cuts financial and time costs.
2. Quicker governance, by producing the same output at the
same total cost in less time.
3. Close monitoring of govt. processes or performance.
4. More accountability of public servants for their decisions and
actions.
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20. 5. Improves government efficiency and productivity.
6. Facilitates the delivery of government services to citizens
through procedural simplicity,
speed and convenience.
7. Above all, improves public image of the government by
making governance transparent.
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21. E-governance and law in India
The Information Technology Act, 2000 and
E-governance
Legal recognition of electronic records [Section 4]
Where any law provides that information or any other
matter shall be in writing or in the typewritten or printed form;
Then, irrespective of anything contained in such law,
such requirement shall be deemed to have been satisfied if such
information or matter is:
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22. (a) rendered or made available in an electronic form;
and
(b) accessible so as to be usable for a subsequent
reference.
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.
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23. Legal recognition of digital signatures [section 5]
Where any law provides that information or any other matter
shall be authenticated by affixing the signature or any document shall be
signed or bear the signature of any person;
Then Irrespective of anything contained in such law, such
requirement shall be deemed to have been satisfied, if such information or
matter is authenticated by means of digital signature affixed in such
manner as may be prescribed by the Central Government.
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 he deemed to be fulfilled if such
information, matter or document is digitally signed.
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24. Use of electronic records and digital signatures in
Government and its agencies [Section 6(1)]
Where any law provides for:
(a) the filing of any form, application or any other document with
any office, authority, body or agency owned or controlled by the
appropriate Government in a particular manner; or
(b) the issue or grant of any license, permit, sanction or approval by
whatever name called in a particular manner; or
(c) the receipt or payment of money in a particular manner,
Then, irrespective of anything contained in any other law for the
time being in force, such requirement shall be deemed to have been
satisfied if such filing, issue, grant, receipt or payment, as the case may be,
is effected by means of such electronic form as may be prescribed by the
appropriate Government.
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25. This Section confers validity on use of electronic
record and digital signature in government offices and
agencies. It provides that whenever any form, application or
document is to be submitted by a person in a government
office (department) then it can be submitted in electronic
form. Similarly, when any license, permit, approval or
sanctioned is to be issued or granted by any government
office or department then it can be done in electronic form.
Likewise, money can be paid or received by such
government offices or agencies in electronic form.
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26. Authorisation by the appropriate Government
to set up, maintain and upgrade the
computerised facilities [Section 6A(1)]
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 Official
Gazette, authorise, by order, any service provider to set
up,maintain and upgrade the computerised facilities and
perform such other services as it may specify.
According to this Section, the appropriate government
may order any service provider to setup, maintain and
upgrade the computerized facilities and to provide such
services in electronic form.
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27. Collection etc. of service charges [Section 6A(2)(3)]
The appropriate Government may also authorise any
service provider authorised 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.
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28. Retention of Electronic Records (Sec. 7)
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 or
the electronic form, if
a) the information contained therein remains
accessible so as to be usable for a subsequent reference :
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29. b) the electronic record is retained in the format in
which it was originally generated, sent or received or in a
format which can be demonstrated to represent accurately the
information originally generated, sent or received;
(c) the details which will facilitate the identification of
the origin, destination, date and time of dispatch or receipt of
such electronic record are available in the electronic record.
Provided that this clause does not apply to any
information which is automatically generated solely for the
purpose of enabling an electronic record to be dispatched or
received.
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30. Audit of documents, etc., maintained in
electronic form (Sec. 7-4)
Where in any law for the time being in force, there is
a provision for audit of documents, records or information,
that provision shall also be applicable for audit of
documents, records or information processed and
maintained in the electronic form.
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31. Publication of rules, regulations etc., in
Electronic Gazette (Sec. 8)
Where any law provides that any rule, regulation,
order, by-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, by-law, notification or any other matter is
published in the Official Gazette or Electronic Gazette.
Provided that where any rule, regulation, order, by-
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.
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32. Sections 6,7, and 8 not to confer right to insist
document should be accepted in electronic
form (Sec. 9)
Nothing contained in Sections 6, 7 and 8 shall confer
a right upon any person to insist that any Ministry of
Department or the State Government or any authority or
body established by or under any law or controlled or
funded by the Central or State Government should accept,
issue, create, retain and preserve any document in the form
of electronic records or effect any monetary transaction in
the electronic form.
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33. Power to make rules by Central
Government in respect of electronic
signature (Sec 10)
The Central Government may, for the purposes of this
Act, by rules prescribe ;
(a) The type of electronic signature ;
(b) The manner and format in which the electronic signature
shall be affixed ;
(c) The manner or procedure which facilitates identification of
the person affixing the electronic signature ;
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34. (d) control processes and procedures to ensure
adequate integrity, security and confidentiality of
electronic records or payment, and ;
(e) any other matter which is necessary to give
legal effect to electronic signatures.
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35. Validity of contracts formed through
electronic means (Sec. 10-A)
Where in a contract formation, the communication
of proposals, the acceptance of proposals, the revocation of
proposals and acceptances, as the case may be, are
expressed in electronic form or by means of an electronic
record, such contract shall not be deemed to be
unenforceable solely on the ground that such electronic
form or means was used for that purpose
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36. Electronic Evidence
Electronic evidence is any probative information stored
or transmitted Digitally and a party to a judicial dispute in
court can use the same during the trial. Courts permit the use
of digital evidence such as e-mails , digital photographs, word
processing documents, instant message histories, spreadsheets,
internet browser histories, data bases, the contents of computer
memory, computer backup , secured electronic records and
secured electronic signatures , etc.
As per explanation under Section 79A (Chapter XIIA) of
the IT ACT 2000, “electronic form evidence ” means any
information of probative value that is either stored or
transmitted in electronic form and includes computer evidence,
digital video, cell phones , digital fax machines.
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37. Section 79A of the IT Act, 2000 provides that "The Central
Government may, for purposes of providing expert opinion on electronic
form evidence before any court or other authority specify by
notification in the official Gazette, any department body or agency of
the Central Government or a State Government as an Examiner of
Electronic Evidence.
The electronic records and signatures are generally recognized
as legally valid under Section 4 and 5 of the IT Act, 2000. Under Section
6 of the IT Act, 2000, electronic records and electronic signatures can be
used in Government and its agency. Hence they are admissible as
evidence in a court of law. Whenever a dispute regarding online
contracts or e-crimes is to be adjudicated by a court, production of
admissible evidence becomes a focal point of determination of merit of
the case.
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38. Electronic evidence and the Evidence
Act, 1872
As per Section 3 of the Evidence Act, 1872 ‘evidence'
means and include
1. All statements which the court permits or requires to
be made before it by witnesses,in relation to matters of fact
under inquiry such statements are called oral Evidence.
2. All documents including electronic records produced
for the inspection of the court: such documents are called
Documentary Evidence
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39. Section 3 of the Evidence Act states, that the
expressions certifying Authority. digital signature , 'digital
signature certificate, electronic form ,electronic record',
information", 'secure electronic record, secure digital
signature', and subscriber shall have the same meanings
respectively assigned to them in the IT Act, 2000.
In this electronic era, computers play a very
important role not only in the life of individuals but even
various companies and other body of corporate.
Accordingly, the Government has amended the existing
law besiding enacting the IT Act, 2000.
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40. Now the judiciary wing of our country has accepted
electronic evidence and digital signature the same way as it
did with paper based documentary evidence and manual
signature.
The courts of India have very well encountered such
electronic evidence in accordance with the newly introduced
laws, at times even with the help of forensic expert and the
cyber lawyer . cyber forensic Labs where electronic records
can be taken for obtaining certificate are established at
Hyderabad, Trivandrum , Delhi, Himachal , Ahmedabad and
Mumbai.
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41. Electronic Evidence provided in Bankers'
Books evidence Act, 1891
A ‘certified copy' of any entry in a Bankers' Book shall
in all legal proceedings be received as prima facie evidence of
the original entry itself (Sec. 4).
Any record stored in a micro film, magnetic tape or in
any other form of mechanical or electronic data retrieval
mechanism, either on site or at an offsite location including a
backup or disaster recovery side a of both [sec.2(3)] .
A copy obtained through mechanical process can be
certified if a certificate of the principal accountant or the
manager of the bank.
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42. A printout containing a certificate in accordance with
Section 2A.
A certificate from principal accountant or manager of
the branch that the mechanical or other process adopted to
obtain the copy has ensured the accuracy of the copy.
Authenticity certificate from principal accountant or
branch manager, and certificate from person in-charge of
computer system regarding.
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43. Bibliography :
Books
1. Bharat’s CYBER LAWS & INFORMATION
TECHNOLOGY
- Dr. Jyoti Rattan
- Dr. Vijay Rattan
2. Information Technology Law (Cyber Laws)
- Dr. S.R.MYNENI
YouTube
1. https://youtu.be/ZAbMLgcmiTu
- Prof. Y.Pardhasaradhi
Osmania University, Hyderabad
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