Legal Framework For E-Governance In India

Electronic governance in India (e-governance in India) is still at its infancy stage. Most of the e-governance projects of India under the national e-governance plan (NEGP) are still in the pipeline despite the deadline being passed long before. This is despite the fact that thousand of crores of public money has already been utilised for e-governance projects of India but without any constructive and practical results.

Meanwhile, the World Bank has once again issued $ 150 million loan to India. It has been issued under the category of e-delivery of public services development policy loan of India. The purpose of the loan is to ensure e-services delivery policy in India that is presently missing.

However, what is more alarming is the fact that in India we have no legal framework for e-governance that can ensure mandatory e-governance services in India. Although the information technology act 2000 carries provisions pertaining to e-governance services in India yet they are “non mandatory” in nature. This has resulted in a poor e-governance services delivery in India. Till now we have no legal framework that mandates that citizens and organisations can claim e-governance as a matter of right.

Further, the scope of NEGP is very wide covering almost all aspects of governance - right from delivery of services and provision of information to business process re-engineering within the different levels of government and its institutions. It is essential that NGP is implemented, monitored and regulated through a legal framework so that it is no more just a plan but reality.

In fact, while implementing the NEGP, various structural and institutional issues have already arisen which clearly call for a statutory mandate for their resolution. The purpose would be to give statutory mandate to the institutional entities, setting up of a separate fund, defining responsibilities and providing for time frames and oversight mechanisms. Thus, this legislation may, inter alia, contain provisions regarding the following:

(a) Definition of e-governance in the Indian context, its objectives and role,

(b) Coordination and oversight mechanisms, support structures at various levels, their functions and responsibilities,

(c) Role, functions and responsibilities of government organisations at various levels,

(d) Mechanism for financial arrangements including public-private partnership,

(e) Specifying the requirements of a strategic control framework for e-government projects dealing with statutory and sovereign functions of the government,

(f) Responsibility for selection and adoption of standards and inter-operability framework,

(g) Framework for cyber security, privacy protection, data security and data protection etc,

(h) Parliamentary oversight mechanism, and

(i) Mechanism for co-ordination between government organisations at Union and State levels.

E-Delivery Of Public Services Development Policy Loan Of India

E-Delivery of Public Services is the testing bed for any successful E-Governance Project. If essential Public Services cannot be delivered through use of Information and Communication Technology (ICT), there is no successful E-Governance implementation.

In India as well essential Public Services are still not successfully integrated with ICT and E-Governance has to cover a long distance before it becomes successful in India. India’s ranking in E-Readiness and E-Governance is declining year after year and India is still not bothered about this fact.

This situation does not “Justify” the usage of crores of public money on E-Governance Projects in India when there are no “Results” of such huge spending. The Government of India (GOI) and the World Bank recently signed another Loan Agreement of $150 million for the E-Delivery of Public Services Development Policy Loan under the National E-Governance Plan (NEGP) of India.

However, even this loan would not change the position in India till we have a “Mandatory E-Governance Legal Framework” in India. The Information Technology Act 2000 is the sole Cyber Law of India that carries few provisions pertaining to E-Governance as well. However, The IT Act 2000 has made E-Governance in India “Non Mandatory” and here lies the whole problem.

If we do not make E-Governance Mandatory and we do not lay down “Deadlines” till which E-Governance Infrastructure must be established in India, public money would be wasted for ever. It is high time for India to ensure Mandatory E-Governance Services in India through a Legal Framework.

The Government and Indian Bureaucrats need to change their mindset and stress more upon “Outcomes and Services” rather than mere ICT procurement. India needs a “Services-Based Approach” that is not only Transparent, Accountable and Legal but also backed by a more efficient and willing Government. Presently the Bureaucrats and Government of India are in a “Resistance Mode” towards novel and effective E-Governance Policies and Strategies and they are merely “Computerising” traditional official functions only. This is benefiting neither the Government nor the citizens and is resulting in wastage of thousands of crores of public money and loans amount of United Nations Development Programme (UNDP) and World Bank.

The Governmental will and leadership is missing in India. To worsen the situation the Government of India is concentrating more upon the image rather than upon the end results. The grassroots level action is missing and the benefits of ICT are not reaching to the under privileged and deserving masses due to defective ICT Strategies and Policies of Indian Government. India is suffering from the “Vicious Circle” of defective E-Governance, as the basic input .i.e. governance itself is poor. India needs a “Virtuous Circle” of E-Governance through “Good Governance” that would have multiplication and amplification effect upon E-Governance efforts of Indian Government.

Some have even alleged that E-Delivery of Public Services in India is missing and World Bank is not at all interested in establishing Transparency and Accountability in Indian NEGP. World Bank must ensure accountability of Indian NEGP in order to show that its Loans are actually meant for growth and development of Indian masses rather than benefiting few Politicians and Bureaucrats as is happening right now.

Meanwhile, India must seriously consider formulating a Mandatory E-Governance Legal Framework that is not only Transparent but also Accountable. Further, if time limits are not set to achieve Mandatory E-Governance Services in India, all other efforts would fail. Let us see how “Serious” our Indian Government is regarding providing Mandatory E-Governance Services in India.

E-Courts Project Of India

Electronic court in India (e-courts in India) is an attempt of Indian government to utilise information and communication technology (ICT) for effective justice administration in India. E-courts project of India is a part and parcel of the national e-governance plan of India (NEGP) and is implemented as a mission mode project of NEGP.

E-courts were first conceived in the year 2003 where it was declared that e-courts would be established in India till the end of year 2003. However, even after passing of 8 years of that deadline, we are still waiting for the establishment of first e-court in India. Till the writing of this article, India does not have even a single e-court.

An e-court is different from computerised court. In the case of e-court everything is done in an “online environment” through the use of Internet and other ICT technologies whereas a computerised court is nothing more than a court having computers and basic level hardware and software.

E-courts essentially involve use of ICT from the stage of dispute to its final adjudication. Everything pertaining to a dispute happens in cyberspace and the parties to the disputes, lawyers, judges, evidence production and analysis, etc all happens through use of ICT.

India has still not achieved this “capacity building” and all it has done in the name of e-courts is computerisation of some traditional clerical work. This is the reason why techno legal experts of India have expressed that we have no e-courts in India and this is also the truth.

India has to shift to the next stage of establishment of e-courts. The computerisation phase is long over and now we must concentrate upon “e-courts capacity development” aspect that is still missing. We have to ensure e-courts related skills development in India that is presently missing.

At Perry4Law Techno Legal Base (PTLB) we are managing the exclusive techno legal e-courts research, education and training centre. It has been providing its suggestions for long and we hope these suggestions would help India in achieving the next stage of e-courts project of India.

Open Source Policy Of India Needed

Although we have an open standards policy in India yet there is no clear cut and dedicated open source policy of India. Open source policy essential requires use of open source software and hardware for governmental project and governmental services.

A major portion of funds in India are utilised for procuring closed source and proprietary software and hardware. This is despite the fact that free and open source hardware and software are available.

For instance, although open source operating system Ubuntu is freely available yet Indian government and its departments force use of proprietary Microsoft Windows operating systems. Even websites of government departments have been created in such a manner that they require proprietary web browsers to use them effectively.

Recently, the World Bank and Indian government signed a loan agreement of $150 million for the e-delivery of public services in India. The loan has been granted as the e-delivery of public services development policy loan to be utilised under the national e-governance plan of India (NEGP). We must urgently formulate an effective open source policy of India so that electronic delivery of services in India can be ensured at the minimum cost.

India must also formulate a mandatory e-governance services framework. Presently, we have no such legal framework and in the absence of the same e-governance cannot be effective and successful in India. India has proposed electronic delivery of services bill 2011 but it has still to be made an enforceable law. Even the proposed e-delivery of service bill is silent on open source usage in India.

India must urgently formulate effective and robust open source usage policy. The sooner it is formulated the better it would be for the larger interest of India.