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OVERVIEW OF THE CONCEPT OF

E – GOVERNANCE IN INDIA

SUBMITTED BY: SUBMITTED TO:

MANJEET KUMAR DR. IVNEET WALIA


ASSISTANT PROFESSOR OF LAW
ROLL NO. 18106
GROUP NO. 10

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW,


PUNJAB

26 NOVEMBER, 2021
ACKNOWLEDGEMENT

On completion of this project it is my present privilege to acknowledge my


heartfelt gratitude and indebtedness towards my teachers for their valuable
suggestion and constructive criticism. Their precious guidance and
unrelenting support kept me on the right path throughout the whole project
and very much thankful to my teacher in charge and project coordinators
for giving me this relevant and knowledgeable topic.

I wish to express my sincere gratitude to my teacher Dr. Ivneet Walia for their
guidance and encouragement in carrying out this project work.

I also wish to express my thanks to my group members and my friends for their
ideas because of which this project became more captivating. I am also thankful to
my institution library for providing a broad range of books to learn more.
CONTENTS

1. INTRODUCTION ……………….………………………………..
• E-governance evolution in India
• The inception of e-Governance proceeded through four
stages in India

2. INTERACTIONS IN E- GOVERNANCE ………………….……


• There are 4 kinds of interactions in e-governance

3. CONCEPT OF M- GOVERNANCE …………………………….


• Mobile Phone: Emerging Channel for Service Delivery
• Objective of M-Governance
• Mobile Services Delivery Gateway (MSDG)
• Need

4. NATIONAL E- GOVERNANCE PLAN ……………..………….


• Implementation Strategy, Approach & Methodology of
NeGP
• Vision of National e-Governance Plan
• E-Kranti - Electronic delivery of services

5. ELECTRONIC GOVERNANCE UNDER INFORMATION


TECHNOLOGY ACT,2000 ………………………………….…….

6. CONCLUSION…………………………………………………..
1.INTRODUCTON
E-Governance which also known as electronic governance is basically the application of
Information and Communications Technology to the processes of Government functioning in
order to bring about ‘Simple, Moral, Accountable, Responsive and Transparent’ governance.
E-governance involve the use of ICTs by government organisations for exchange of
information with citizens, businesses or other government departments, faster and more
efficient delivery of public services, improving internal efficiency, reducing costs, increasing
revenue, re-structuring of administrative processes and improving quality of services. E
governance has gained more popularity in convoluted business world. Many management
scholars have described the concept of e governance which is emerging as an important
activity in the business field.

It is established that E-governance is the application of information and communication


technologies to transform the efficiency, effectiveness, transparency and accountability of
informational and transactional exchanges with in government, between government & govt.
agencies of National, State, Municipal and Local levels, citizen & businesses, and to
empower citizens through access & use of information.

E-governance evolution in India

The notion of e-governance evolved in India during the seventies with a focus on
development of in house government applications in the areas of defence, economic
monitoring, planning and the deployment of information technology to manage data intensive
functions related to elections, census, and tax administration.

In Indian scenario, there were great efforts of the National Informatics Center (NIC) to join
all the district headquarters during the eighties. In the beginning of nineties, IT technologies
were improved by ICT technologies to extend its use for broader sectorial applications with
policy emphasis on reaching out to rural areas and taking in greater inputs from NGOs and
private sector as well. There has been an increasing involvement of international donor
agencies under the framework of e-governance for development to catalyse the expansion of
e-governance laws and technologies in developing nations.
Stages of e-Governance

It is apparent in various research studies that e-Governance is fundamentally linked with the
development of computer technology, networking of computers and communication systems.
In developing nations such technologies and systems became available with observable time
lag as compared to developed nations. When appraising the e-governance model in India, it is
established that with the liberalization of the economy from the early 1990s onwards, there
has been a convergence in the availability of progressive technologies and opportunities in
this field.

The inception of e-Governance proceeded through four stages in India

Computerisation: In the first stage, with the availability of personal computers, majority of
Government offices are well equipped with computers. The use of computers began with
word processing, quickly followed by data processing.

Networking: In this stage, some units of a few government organizations are connected
through a hub leading to sharing of information and flow of data between different
government entities.

On-line presence: In the third stage, with increasing internet connectivity, a need was felt
for maintaining a presence on the web. This resulted in maintenance of websites by
government departments and other entities. Generally, these web-pages/ web-sites contained
information about the organizational structure, contact details, reports and publications,
objectives and vision statements of the respective government entities.

Online interactivity: A natural significance of on-line presence was opening up of


communication channels between government entities and the citizens, civil society
organizations etc. The main objective of this stage was to lessen the scope of personal
interface with government entities by providing downloadable Forms, Instructions, Acts,
Rules.
It has been observed that there was more emphasis on automation and computerization, state
governments have also endeavoured to use ICT tools into connectivity, networking, setting
up systems for processing information and delivering services.

E-governance is beyond the scope of e-government. While e-government is defined as a mere


delivery of government services and information to the public using electronic means, e-
governance allows direct participation of constituents in government activities. E-governance
will allow citizens to communicate with government, participate in the governments' policy-
making and citizens to communicate each other. The e governance will truly allow citizens
to participate in the government decision-making process, reflect their true needs and welfare
by utilizing e-government as a tool.

2. INTERACTIONS IN E- GOVERNANCE

There are 4 kinds of interactions in e-governance, namely:

1. G2C (Government to Citizens)


2. G2B (Government to Business)
3. G2G (Government to Government)
4. G2E (Government to Employees)
Government to Citizens :- When the exchange of information and services is within the
periphery of the government, is termed as G2G interaction. This can be both horizontal, i.e.
among various government entities and vertical, i.e. between national, state and local
government entities and within different levels of the entity.

Government to Business :- The interaction amidst the government and general public is
G2C interaction. Here an interface is set up between government and citizens, which enables
citizens to get access to wide variety of public services. The citizens has the freedom to share
their views and grievances on government policies anytime, anywhere.

Government to Government :- In this case, the e-governance helps the business class to
interact with the government seamlessly. It aims at eliminating red-tapism, saving time, cost
and establish transparency in the business environment, while interacting with government.

Government to Employees :- The government of any country is the biggest employer and
so it also deals with employees on a regular basis, as other employers do. ICT helps in
making the interaction between government and employees fast and efficient, along with
raising their level of satisfaction by providing perquisites and add-on benefits.

E-governance has a great role to play, that improves and supports all tasks performed by the
government department and agencies, because it simplifies the task on the one hand and
increases the quality of work on the other.

3. CONCEPT OF M- GOVERNANCE
M-governance is a sub-domain of e-governance. It ensures that electronic services are
available to people via mobile technologies using devices such as mobile phones. These
services bypass the need for traditional physical networks for communications and
collaboration. Mobile services are also cheaper as well as accessible in most of the rural areas
in India. Increasing the mobile phone accessibility, adaptability and with the millions of
subscription base, governments are promoting and using the mobile phone in delivery the e-
Governance services. In the last few years, governments have seen mobile phones can
empower citizens and affect the way citizens interact with each other and with society at
large. Mobile phones are also considered to be an effective tool in strengthening democracy
through better citizen-government interaction, thus influencing the political decision making
process and making governments accountable for their activities.

M-Governance is the use of mobile or wireless to improve Governance service and


information "anytime, anywhere". M-Governance is not a replacement for e-Governance,
rather it complements e- Governance . m-Governance takes electronic services and makes
them available via mobile technologies using devices such as mobile phones.

Mobile Phone: Emerging Channel for Service Delivery

Mobile Phone is not just used as a communication tool to instantly communicate or send and
get text and voice messages. It has emerged as the strongest technology to bridge the digital
divide between urban haves and rural have-nots. Within two decades of its launch in India,
mobile phone has reached remote rural areas despite hurdles like lack of connectivity and
electricity and low level of literacy. On the other side, it has created lakhs of direct and
indirect job opportunities for the youth.

In the second phase of the development, it has emerged as a delivery channel for different
kind of services, and now anyone can transfer money from one bank account to another
through their mobile phones. The government and private agencies have also started using
‘Mobile Phone’ to deliver business services to the citizen and customers. The Reserve Bank
of India had allowed commercial banks to provide banking services on mobile phones,
whereas the Government of India had also approved the ‘Framework for delivering financial
services through the mobile phone’ developed by inter-ministerial group. In continuation
Government of India has launched mobile seva and its aims to provide government services
to the people through mobile phones and tablets. It has been developed as the core
infrastructure for enabling the availability of public services through mobile devices. After
the launch of 3G technologies in India, citizens are now be able to access health, educational,
agricultural, infotainment services on their mobile phones.
Objective of M-Governance

M-Governance aims at providing fast and easy access of public services to citizens through
mobile devices. Mobile services are quickly emerging as the new frontier in transforming
government and making it even more accessible and citizen-centric by extending the benefits
of remote delivery of government services and information. Delivering timely and accurate
information to citizens and an established system of two-way communication between the
government and people is one of the keys to strengthening democracy by facilitating
enhanced utilisation of public services, participation and empowerment of citizens. The use
of mobile technologies has been prominent in government departments especially in
agriculture, health care, financial services, retail trading, utilities, communications,
manufacturing, transportation and services. Businesses too have woken to the popularity of
mobile phones and are introducing services, especially in the Banking sector. Mobile banking
is the future because of its cost effectiveness and ability to reach out to customers in remote
areas.

M-governance in India

Government of India aims to utilize the massive reach of mobile phones and harness the
potential of mobile applications to enable easy and round-the-clock access to public services,
especially in the rural areas and to create unique infrastructure as well as application
development ecosystem for m-Governance in the country.

Mobile Services Delivery Gateway (MSDG)

The MSDG enables delivery of public services over mobile devices through various mobile
based channels, such as SMS, USSD, IVRS and mobile applications. The objective of
creating the MSDG is to put in place government‐wide shared infrastructure and services to
enable rapid development, mainstreaming and deployment of m-Governance services. It
enhances interoperability across various public services as well as reduces the total cost of
operation of m-Governance services by providing a common pool of resources aggregating
the demand for communication and e‐Governance services, and act as a platform for various
Government Departments and Agencies to test, rapidly deploy, and easily maintain m-
Governance services across the country. The infrastructure is based on open standards and
has been developed as a cloud based service.

MSDG supports the following delivery channels for development and deployment of mobile-
based applications for Government services. As the mobile-based technologies are constantly
evolving, more channels may be added in future as the need arises.

• SMS (Short Message Service)


• IVRS (Interactive Voice Response System)
• USSD (Unstructured Supplementary Service Data)
• CBS (Cell Broadcasting Services)
• LBS (Location Based Services)
• Mobile Payment Service

Need:
• Utilization of all kinds of wireless and mobile technology services, applications and
devices for providing services that benefit citizens, businesses and government units.
• Increases efficiency and effectiveness of government processes and aids the
emergence of the digital citizen.
• Extends the reach of effective governance to a larger population.
• Improves efficiency, service responsiveness, accountability and cost effectiveness for
government departments.

4. NATIONAL E- GOVERNANCE PLAN

E-governance is the application of information and communication technologies to transform


the efficiency, effectiveness, transparency and accountability of informational and
transactional exchanges across different levels of government and to empower citizens
through access and use of information. The Government approved the NeGP on May 18,
2006. The plan takes a holistic view of e-governance initiatives across the country,
integrating them into a collective vision.
Implementation Strategy, Approach & Methodology of NeGP

Implementation of e-Governance is a highly complex process requiring provisioning of


hardware & software, networking, process re-engineering and change management. Based on
lessons learnt from the past and the experience from successful e-Governance applications,
the approach and methodology adopted for NeGP contains the following elements:
Common Support Infrastructure: NeGP implementation involves setting up of common
and support IT infrastructure such as: State Wide Area Networks (SWANs), State Data
Centres (SDCs), Common Services Centres (CSCs) and Electronic Service Delivery
Gateways.

Governance: Suitable arrangements for monitoring and coordinating the implementation of


NeGP under the direction of the competent authorities have also been substantially put in
place. The programme also involves evolving/ laying down standards and policy guidelines,
providing technical support, undertaking capacity building, R&D, etc.

Centralized Initiative, Decentralized Implementation: e-Governance is being promoted


through a centralised initiative to the extent necessary to ensure citizen-centric orientation, to
realise the objective of inter-operability of various e-Governance applications and to ensure
optimal utilisation of ICT infrastructure and resources while allowing for a decentralised
implementation model. It also aims at identifying successful projects and replicating them
with required customisation wherever needed.

Public-Private Partnerships (PPP) model is to be adopted wherever feasible to enlarge the


resource pool without compromising on the security aspects.

Integrative Elements: Adoption of unique identification codes for citizens, businesses and
property is to be promoted to facilitate integration and avoid ambiguity.

Programme Approach at the National and State levels: For implementation of the NeGP,
various Union Ministries/Departments and State Governments are involved. Considering the
multiplicity of agencies involved and the need for overall aggregation and integration at the
national level, NeGP is being implemented as a programme, with well-defined roles and
responsibilities of each agency involved. For facilitating this, appropriate programme
management structures have also been put in place.

Vision of National e-Governance Plan


National e-Governance Plan has been launched with the aim of improving delivery of
Government services to citizens and businesses, is guided by the following vision:

“Make all Public Services accessible to the common man in his locality, through common
service delivery outlets and ensure efficiency, transparency and reliability of such services at
affordable costs to realize the basic needs of the common man.”

Further, with a vision to transform e-Governance for transforming Governance and keeping
in view the need to utilize emerging technologies such as Cloud and Mobile Platform and
focus on the integration of services, the Government has proposed to implement “e-Kranti:
National e-Governance Plan (NeGP) 2.0” under the Digital India programme.

E-Kranti - Electronic delivery of services


E-Kranti is an essential pillar of the Digital India initiative. Considering the critical need for
e-Governance, mobile Governance and Good Governance in the country, the approach and
key components of e-Kranti have been approved by the Union Cabinet on 25.03.2015 with
the vision of “Transforming e-Governance for Transforming Governance”.

The objectives of ‘e-Kranti’ are as follows:

• To redefine NeGP with transformational and outcome-oriented e-Governance


initiatives.
• To enhance the portfolio of citizen centric services.
• To ensure optimum usage of core Information & Communication Technology (ICT).
• To promote rapid replication and integration of e-Governance applications.
• To leverage emerging technologies.
• To make use of more agile implementation models.
Thrust areas of e-Kranti outlined in Digital India

Technology for Education – e-Education - All schools will be connected to broadband.


Free WiFi will be provided in all secondary and higher secondary schools (coverage would
be around 250,000 schools). A programme on digital literacy would be taken up at the
national level. Massive Online Open Courses (MOOCs) shall be developed and leveraged for
e-Education.

Technology for Health – e-Healthcare - e-Healthcare would cover online medical


consultation, online medical records, online medicine supply, pan-India exchange for patient
information, etc.

Technology for Farmers - This would facilitate farmers to get real-time price information,
online ordering of inputs and online cash, loan, and relief payment with mobile banking.

Technology for Security - Mobile based emergency services and disaster-related services
would be provided to citizens on a real-time basis so as to take precautionary measures well
in time and minimize loss of lives and properties.

Technology for Financial Inclusion - Financial inclusion shall be strengthened using


mobile banking, Micro-ATM program and CSCs/ Post Offices.

Technology for Justice - Interoperable Criminal Justice System shall be strengthened by


leveraging several related applications, i.e. e-Courts, e-Police, e-Jails and e-Prosecution.

Technology for Planning - National GIS Mission Mode Project would be implemented to
facilitate GIS based decision making for project planning, conceptualization, design and
development.

Technology for Cyber Security - National Cyber Security Co-ordination Centre would be
set up to ensure safe and secure cyber-space within the country.
5. ELECTRONIC GOVERNANCE UNDER
INFORMATION TECHNOLOGY ACT,2000
PROVISIONS TO FACILITATE E-GOVERNANCE

The IT Act contains the following provisions to facilitate e-governance:


1. Legal Recognition of Electronic Records (Sec. 4): Sec. 4 provides that the legal
requirement of any information or matter being in writing or typewritten or printed is deemed
to be satisfied if such information or matter is:
(i) rendered or made available in electronic form; and
(ii) accessible so as to be usable for a subsequent reference.
This section has made electronic records as a functional equivalent of hand written records.

2. Legal Recognition of Electronic Signature (Sec. 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, such requirement shall be
deemed to have been satisfied, if such information or matter is authenticated by means of
electronic signature affixed in such manner as may be prescribed by the Central Government.
This section has made electronic signatures as a functional equivalent of hand written
signatures. In simple words digitally signed contract would be valid and legal in the eyes of
law.

3. Use of Electronic Records and Electronic Signatures in the Government Offices and
its Agencies (Sec. 6): Sec. 6 lays down the foundation of electronic governance. As per
Sec.6,
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;
b) the issue or grant of any licence, permit, sanction or approval by whatever name called in
a particular manner;
c) the receipt or payment of money in a particular manner, then, notwithstanding 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.
Accordingly, the appropriate Government may prescribe: (i) the manner and format in which
such electronic records shall be filed, created or issued; and (ii) the manner or method of
payment of any fee or charges for such purposes. It creates an effective e-governance model.

4. Delivery of Services by Service Provider [Inserted Vide IT (Amendment) Act, 2008


(Sec.6A)]: As per this Section the Appropriate Government may authorise service providers
for providing efficient services through electronic means to the public against appropriate
service charges. Further, the Appropriate Government may, by notification in the Official
Gazette, specify the scale of service charges to be charged by the service providers, which
may be different for different types of services.

5. 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 the
electronic form, if:
(a) the information contained therein remains accessible so as to be usable for a subsequent
reference;
(b) the electronic record is retained in the format in which it was, or can be demonstrated to
represent accurately the information originally generated, sent or received;
(c) the details which facilitate the identification of the origin, destination, date and time of
dispatch or receipt of such electronic record are available in the electronic record.

But the above rule does not apply to any information which is automatically generated
solely for the purpose of enabling an electronic record to be dispatched or received. Further,
this rule does not apply to any law that expressly provides for retention of documents,
records or information in the form of electronic records.

6. Audit of Documents, Records or Information Maintained inElectronic Form


[Inserted vide IT (Amendment) Act, 2008 (Sec. 7A)] : The legal requirement for audit of
documents, records or information shall also be applicable for the audit of documents,
records or information processed and maintained in the electronic form.

7. Publication of Rule, Regulation, etc. in Electronic Gazette (Sec. 8): This requirement
will be deemed as satisfied if such rule, regulation, order, byelaw, notification or any other
matter is published in electronic form i.e. Electronic Gazette.

8. Secs.6, 7 and 8 not to Confer Right to Insist that Document shall be Accepted in
Electronic Form (Sec. 9): This section provides that provisions contained in Secs 6, 7 and 8
shall not confer a right upon any person to insist that any Ministry or Department of the
Central Government 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 record or effect any
monetary transaction in the electronic form. The rationale behind this provision is that the
government and its agencies are still in the process of implementing IT processes.

9. Power of the Central Government to make Rules in Respect of Electronic Signature


(Sec.10): The Central Government may, for the purpose of this Act, by rules, prescribe:
(a) type of electronic signature;
(b) manner and format of affixation of electronic signature;
(c) procedure for identification of person affixing the electronic signature (e-authentication
technique using Aadhar, e-KYC services was allowed to be used by insertion in the second
schedule with effect from 28th January, 2015. However, w.e.f., Ist March, 2019 Aadhar e-
KYC services or e-KYC services are used).
(d) control processes and procedures to ensure adequate integrity, security and confidentiality
of e-records or e-payments;
(e) any other matter which is necessary to give legal effect to electronic signature.

10. Validity of Contracts formed through Electronic Means [Inserted Vide IT


(Amendment) Act, 2008 (Sec. 10A)]: 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. This section provides legally
binding character to e-commerce activities.

6. CONCLUSION
The e-governance initiatives in rural areas should be taken by identifying and analysing the
grassroots realities. A hybrid approach needs to be adopted for enhancing interoperability
among e-governance applications which will encompass a centralized approach for document
management, knowledge management, file management, grievance management etc. The
government should also focus on devising appropriate, feasible, distinct and effective
capacity building mechanisms for various stakeholders viz bureaucrats, rural masses, urban
masses, elected representatives, etc. Cloud computing is also becoming a big force to
enhance the delivery of services related to e-governance. Cloud computing is not only a tool
for cost reduction but also helps in enabling new services, improving the education system
and creating new jobs/ opportunities. E-Governance through regional languages is
appreciable for the nations like India where people from several linguistic backgrounds are
the participants.
E-Governance is getting momentum in India, but public awareness and the digital divide are
important issues to be addressed. The success of e-Governance measures largely depends on
the availability of high-speed internet, and the nation-wide roll-out of 5G technology in the
near future will strengthen our resolve. Hence modest efforts must be made in Higher
Education institutions to build adequate technology infrastructure to establish mobile
governance for transparency and efficiency in administration.

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