Agenda

• Egovernance
• Electronic Signatures
Preamble

• World economies have recognized Information Technology (IT) as an effective tool in catalyzing
the economic activity, in efficient governance and in developing human resource.
• They have, therefore, made significant investments in it and successfully integrated it with the
development process, thereby reaping the benefits to their society.
• In India also these developments have impacted the industrial, education, service and
Government sectors and their influence on various applications is increasingly being felt of late.
• As the era of digital economy is evolving, the concept of governance has assumed significant
importance. The questions often asked in this context are:
• How government can become more responsive and accessible?
• How can the government enhance its role as a catalyst of economic growth
• How can one provide better Government services and,
• How can the government use advanced technologies for transferring benefits, improving
health care and education.
Preamble

• These questions are now adequately answered through the adoption of e-governance.
• The e-Governance has consequently become an accepted methodology involving the use of
Information Technology in:
• Improving transparency
• Providing information speedily to all citizens
• Improving administration efficiency
• Improving public services such as transportation, power, health, water, security and
municipal services.
Objectives of E-governance

• To support and simplify governance for government, citizens, and businesses.

• To make government administration more transparent and accountable while addressing the
society’s needs and expectations through efficient public services and effective interaction
between the people, businesses, and government
• To reduce corruption in the government.
• To ensure speedy administration of services and information
• To reduce difficulties for business, provide immediate information and enable digital
communication by e-business.
Electronic Governance

• Electronic Governance or E-Governance is

• the application of Information and Communication Technology (ICT)
• for providing government services,
• interchange of statics,
• communication proceedings,
• integration of various independent systems and services.
• Through the means of e-governance, government services are made available to citizens in a
suitable, systematic and transparent mode.
• The three main selected groups that can be discriminated in governance concepts are
• government,
• common people and
• business groups.
Electronic Governance

• E-governance is the best utilization of

• information and communication technologies
• to mutate and upgrade the coherence,
• productivity,
• efficacy,
• transparency and
• liability of
• informational and transnational interchanges within government,
• between government agencies at
• different levels, citizen & businesses.
• It also gives authorization to citizens through access and use of information.
• Generally, E-governance uses information and communication technologies at various levels of
the government and the public sector to enhance governance.
Electronic Governance

• The UNESCO states, E-governance is

• the public sector’s use of information and communication automation
• in order to upgrade information and service delivery,
• stimulating resident involvement in the decision-making process and
• making government more liable, unambiguous and productive.
Elements of E-Governance:

• Basic elements of e-governance are:

• Government
• Citizens
• Investors/Businesses
Types of E-Governance:

• E-governance is of 4 types:
• Government-to-Citizen (G2C)
• Government-to-business (G2B)
• Government-to-Government (G2G)
• Government-to-Employee (G2E)
Types of E-Governance: G2C

• Government-to-Citizen (G2C):
• The Government-to-citizen mentions the government services that are acquired by the
familiar people.
• Most of the government services come under G2C.
• Similarly, the primary aim of Government-to-citizen is to supply facilities to the citizens.
• It also helps the ordinary people to minimize the time and cost to carry out a transaction.
• A citizen can retrieve the facilities anytime from anywhere.
• Similarly, spending the administrative fee online is also possible due to G2C.
• The facility of Government-to-Citizen allows the ordinary citizen to outclass time limitation.
It also focuses on geographic land barriers.
G2C Example

• https://cybercrime.gov.in/
• Purpose of the portal
• At present this portal caters to complaints pertaining to online Child Pornography (CP)/
Child Sexual Abuse Material (CSAM) or sexually explicit content such as Rape/Gang Rape
(CP/RGR) content. If you want to report something other than Cybercrime cases or in case of
an emergency please contact your local police by dialing 100.
• Complaints reported on this portal are dealt by respective police authorities of States/ UTs
based on the information in the complaints provided by the complainants.
• Option for anonymous reporting of CP/RGR content has been provided on this portal as per
the direction of Hon'ble Supreme Court under the matter of Suo Motu Writ Petition no.3/2015.
Types of E-Governance: G2B

• Government-to-business (G2B):
• The Government-to-business is the interchange of services between Government and
Business firms.
• It is productive for both government and business firms. G2B provides access to pertinent
forms needed to observe.
• It also contains many services interchanged between business sectors and government.
Similarly, the Government-to-business provides timely business information.
• A business organization can have easy and easy online access to government agencies.
• G2B plays a important role in business development.
• It upgrades the efficiency and quality of communication and transparency of government
projects.
G2B Example

• https://services.gst.gov.in/services
• Purpose of the portal
• The GST Common Portal has been made available to enable taxpayers enroll with GST and to
meet the GST compliance requirement like filing return and making tax payment.
Types of E-Governance: G2G

• Government-to-Government (G2G):
• The Government-to-Government mentions the interaction between different government
departments, firms and agencies.
• This increases the efficiency of government processes. In G2G, government agencies can
share the same database using online communication.
• The government departments can work together.
• This service can increase international discretion and relations. G2G services can be at the
local level or at the international level.
• It can convey with both global government and local government. It also provides safe and
secure inter-relationship between domestic or foreign government.
• G2G builds a universal database for all members to upgrade service.
G2G Example

• https://khajane2.karnataka.gov.in/authn/
• Purpose
• “Khajane” is a major e-Governance initiative of the state government of Karnataka, India. It
is first project of its kind in the country where the entire array of Treasury activities has
been computerized.
• This is the only project where from the time of approval of State Budget to the point of
rendering accounts to the government the entire activity can be tracked in the system. By
automating procedures and internal controls, it has strengthened the financial controls and
promoted accountability and resulted in huge expenditure and efficiency gains.
Types of E-Governance: G2E

• Government-to-Employee (G2E):
• The Government-to-Employee is the internal part of G2G section.
• It aims to bring employees together and improvise knowledge sharing.
• It provides online facilities to the employees.
• Similarly, applying for leave, reviewing salary payment record and checking the balance of
holiday.
• The G2E sector yields human resource training and development.
• So, G2E is also the correlation between employees and government institutions.
G2E Example

• http://himachalforms.nic.in/g2e.html
• Purpose
• Government Communication for its employess
G2E Benefits:
Advantages of E-Governance:

• The supreme goal of the e-governance is to

• be able to provide an increased portfolio of public services to citizens in a systematic
and cost effective way.
• It allows for government
• transparency
• because it allows the public to be informed about what the government is working on as
well as the policies they are trying to implement.
• The main advantage while executing electronic government will be
• to enhance the efficiency of the current system.
Disadvantages of E-Governance:

• The main disadvantage regarding e-governance is

• the absence of fairness in public access to the internet,
• of trustworthy information on the web and
• disguised agendas of government groups
• that could have impact and could bias public opinions.
Egovernance Challenges

• Lack of computer literacy: India is still a developing country and a vast majority of the
citizens lack computer literacy which hinders the effectiveness of e-governance.
• Lack of accessibility to the internet or even computers in some parts of the country is a
disadvantage to e-governance.
• E-governance results in a loss of human interaction. As the system becomes more
mechanized, lesser interaction takes place among people.
• It gives rise to the risk of personal data theft and leakage.
• E-governance leads to a lax administration. The service provider can easily provide excuses
for not providing the service on technical grounds such as “server is down” or “internet is
not working” etc.
E-Governance in the Indian Context

• E-governance in India is a recently developed concept.

• The launch of National Satellite-Based Computer Network (NICENET) in 1987 and subsequent
launch of District Information System of the National Informatics Centre (DISNIC)
programme to computerize all district offices in the country for which free hardware and
software was offered to the State Governments provided the requisite impetus for e-
governance.
• E-governance thereafter developed with the growth of technology. Today, there are a large
number of e-Governance initiatives, both at the Union and State levels.
• In 2006, the National e-Governance Plan (NeGP) was formulated by the Department of
Electronics and Information Technology and Department of Administrative Reforms and
Public Grievances that aims at making all government services accessible to the common
man, ensure efficiency, transparency and reliability of such services at affordable costs to
realize the basic needs of the common man.
E-Governance in the Indian Context

• The NeGP has enabled many e-governance initiatives like:

• Digital India was launched in 2015 to empower the country digitally. Its main components
are:
• Developing a secure and stable digital infrastructure
• Delivering government services digitally
• Achieving universal digital literacy
• Aadhar is a unique identification number issued by UIDAI that serves as proof of identity and
address on the basis of biometric data.
• It is being used to provide many benefits to the members of the society. One can e-sign
documents using Aadhar.
E-Governance in the Indian Context

• myGov.in is a national citizen engagement platform where people can share ideas on and be
involved with matters of policy and governance.
• UMANG is a Unified Mobile Application which provides access to central and state government
services including Aadhar, Digital Locker, PAN, Employee Provident Fund services etc.
• Digital Locker helps citizens digitally store important documents like mark sheets, PAN, Aadhar,
and degree certificates. This reduces the need for physical documents and facilitates easy
sharing of documents.
• PayGov facilitates online payments to all public and private banks.
• Mobile Seva aims at providing government services through mobile phones and tablets. The m-
App store has over 200 live applications which can be used to access various government
services.
• Computerization of Land Records ensures that landowner gets digital and updated copies of
documents relating to their property.
E-Governance in the Indian Context

• In addition to the above, State level e-governance initiatives include:

• E-Seva (Andhra Pradesh) facilitates payment of utility bills, issuance of certificates, licenses
and permits.
• Khajane Project (Karnataka) digitalized the treasury system of the state.
• FRIENDS (Kerala) is a single-window facility to pay taxes and other financial dues to the
State government.
• Lokvani Project (Uttar Pradesh) is a single-window solution relating to the handling of
grievances, land record maintenance and providing a mixture of essential services.
QTP

• Explore and Comment on

• National Level Egovernance Portals
• Your State Level Egovernance Portal
• Corporate Level Egovernance
• Comment on
• Corporate Egovernance in India
• Evolution of E-Governance in India
• Explain:
• Phases of E Governance
• Service Value Proposition in E-Governance
“In the fabric of space and in the nature of matter,
as in a great work of art, there is, written small,
the artist’s signature.” — Carl Sagan
Signatures

• Signatures evolved as a way to ensure three things:

• Authenticity. A signature proves the signer’s identity. For example, the signature on the back
of a credit card indicates who the owner is.
• Data integrity. A signature is a seal of integrity that indicates the document has not been
changed. Tamper-proof paper and indelible ink preserve the integrity of traditional
signatures.
• Non-repudiation. A signature prevents a person from denying involvement in an agreement.
It provides evidence to a third party, like a judge or jury, that the signer agreed to the
transaction. When a customer signs a receipt, for instance, the buyer gives the store proof of
the transaction.
Electronic Signatures
Electronic Signature

• An electronic signature, or e-signature, refers to

• data in electronic form,
• which is logically associated with other data in electronic form and
• which is used by the signatory to sign.

• This type of signature provides the same legal standing as a handwritten signature
• as long as it adheres to the requirements
• of the specific regulation under which it was created
• (e.g., eIDAS in the European Union, NIST-DSS in the USA or ZertES in Switzerland).
Electronic Signature

• A digital signature is a specific type of e-signature that complies with the strict legal
regulations — and
• provides the highest level of assurance of a signer’s identity.
Electronic Signature

• Now you may be wondering…

• “can it truly be ANY sound, symbol, or process!?”
• or perhaps you’re questioning what a “sound, symbol, or process” entails exactly…
• Put simply, AssureSign (signing system) utilizes a string of virtual “fingerprints,” such as
hash markers and IP identifiers, to verify a signer’s identity and “intent” to sign a document.
These fingerprints are digitally tied to the signing process and associated documents.
• So, when a document is signed electronically, it is considered 100% legally binding… whether
it’s with a recorded verbal acknowledgement, a keystroke, the swipe of a stylus, or even a
selected checkbox.
• Electronic signatures are easily implemented into existing processes and eliminate a lot of
legwork on behalf of consumers and businesses. Yet, electronic signatures are not the only
type of virtual signature available to consumers…
Electronic Signature Examples

• Examples of electronic signatures include:

• a scanned image of the person’s ink signature,
• a mouse squiggle on a screen or
• a hand-signature created on a tablet using your finger or stylus,
• a signature at the bottom of your email,
• a typed name,
• a biometric hand-signature signed on a specialized signing hardware device,
• a video signature,
• a voice signature,
• an “I Agree” checkbox, etc.
Electronic Signature Examples
Historical progress of electronic signatures

• 3500–3100 B.C. The first known writing system uses pictures and symbols inscribed on a Sumerian clay
tablet.
• 1500–1200 B.C. The oldest verified alphabet emerges among the Phoenicians.
• 80 B.C. Roman law prohibits the falsification of land inheritance documents. Modern laws discouraging
forgery can be traced to this time.
• 50–55 A.D. Paul and Tertius sign their names to letters of the New Testament.
• 1613 A.D. Shakespeare signs his Last Will and Testament.
• 1776 A.D. John Hancock signs the United States Declaration of Independence.
• 1867 A.D. U.S. courts take up the question of electronic signatures. The courts and government accept
signatures sent via telegraph.
• 1980s A.D. Signatures via fax machine emerge. Later, courts around the world deem them legal and binding.
• 2000 A.D. President Clinton signs the ESIGN Act into law using electronic means, as well as pen and ink.
 Digital Signature vs Electronic Signature

Electronic Signature Digital Signature

•Electronic signatures don’t incorporate coding or •Digital Signatures come with encryption
standards. technique.
•Documents signed using electronic signatures •No chance whatsoever.
are vulnerable to tampering.
•Electronic signatures don’t confirm the identities •Digital signatures cannot even be issued without
of the sender as well as the receiver. validating the identity of the sender.

•A mark is placed in the documents signed using
Electronic signatures.
•Electronic signatures don’t involve any vetting
process by a certificate authority (CA).
•The fingerprint is embedded in the digitally
signed documents.
•In order to use Digital signatures, you must issue
a digital certificate from the trusted certificate
authority (CA). The CA thoroughly verifies your
identity before issuing the certificate.
Benefits of Electronic Signature

• The main advantages of electronic signatures are:

• the possibility of signing a document without printing it (saving paper);
• the possibility of sending the document via email (saving stamps);
• the possibility of signing the document without meeting (reducing travel);
• the possibility of storing the document in a digital format (simple process and eliminates
the need for paper archives); etc.
Is an electronic signature visible on a document?

• A visible signature includes a metadata that holds a visible marker (signature appearance)
when viewing the document, showing that it has been signed.
• An electronic signature differentiates from a handwritten signature in that it is not visible,
but appears as a number or a set of numbers. In fact, the signature operation is applied to a
file and produces binary information often called an electronic signature.
Does an electronic signature have legal value?

• Yes. Since 2000, written documents in electronic format can be admitted as evidence with
the same status as paper written documents, providing that the person from whom such
documents emanate can be duly identified and that the documents are stored in conditions
that guarantee their integrity. French legislation defines an electronic signature as "a
reliable process of identification, guaranteeing its link to the deed to which it is attached“.
Some Challenges In Rollout Of E-signatures

• Convincing the stakeholders, including customers, employees, and partners

• Changing processes, including design challenges and defining specific needs
• Using up all their capacity, particularly in technical knowledge and training
• Sourcing necessary data and documents
How do I create an electronic signature?

• Draw your signature using your finger or a stylus. If you have access to a touchscreen, you
can use your finger to create an electronic signature directly in your document. This is
particularly helpful for when you’re signing on a mobile device or tablet!
• Upload an image of your signature. Use your phone or camera to take a picture of your
paper signature. Once it’s uploaded into your HelloSign account, it will be turned into a .png
file that overlays neatly over the signature line in your document.
• Use your cursor to draw your signature. Using your mouse or your touchpad, you can drag
your cursor along the signature line to create a unique electronic signature.
• Use your keyboard to type in your signature. This is the easiest way to create your electronic
signature. Once you’ve typed in your name, you can select a font that best matches your
paper signature.
E-Signature Legality in India

• Under Indian law, a written signature is not necessarily required for a valid contract –
• contracts are generally valid if legally competent parties reach an agreement,
• whether they agree verbally, electronically or in a physical paper document.
• The Information Technology Act, 2000 (IT Act) specifically confirms that contracts cannot be
denied enforceability merely because they are concluded electronically.
• To prove a valid contract, parties sometimes have to present evidence in court.
• Leading digital transaction management solutions can provide electronic records that are
admissible in evidence under Section 65B of the Evidence Act, 1872, to support the existence,
authenticity and valid acceptance of a contract.
Use Cases for Standard Electronic Signature (SES)

• Use cases where an SES may be appropriate include:

• HR documents, including employment contracts, benefits paperwork and other new
employee onboarding processes
• commercial agreements between corporate entities, including NDAs, procurement
documents, sales agreements
• consumer agreements, including new retail account opening documents
• certain forms of real estate documents, such as certain lease agreements, purchase and
sales contracts, and related documentation for residential and commercial real estate
Use Cases That Are Not Typically Appropriate for
Electronic Signatures or Digital Transaction Management

• Use cases that are specifically barred from digital or electronic processes or that include
explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial
process or registration with Registrar or Sub-Registrar that are not usually compatible with
electronic signatures or digital transaction management.
• Handwritten - negotiable instrument, other than a cheque (IT Act not applicable)
• Handwritten - power-of-attorney (IT Act not applicable)
• Handwritten - trust deed (IT Act not applicable)
• Handwritten - will or any other testamentary disposition (IT Act not applicable)
• Handwritten - Any contract for the sale or conveyance of immovable property or any
interest in such property (IT Act not applicable)
The Complexities in Indian Context

• Qualified Electronic Signature – QES:

• A qualified electronic signature is an electronic signature that is compliant to law of the
land.
• Qualified electronic signatures can be considered as digital equivalent to handwritten
signatures.
• A QES is a specific digital signature implementation that has met the particular
specifications of a government,
• including using a secure signature creation device, and
• been certified as ‘qualified’ by either that government or a party contracted by that
government.
The Complexities in Indian Context

• While technically a Tiered eSignature Legal Model Country, India has not created specific
technical requirements, procedures and practices to implement a QES (Qualified Electronic
Signature, or 'Secure Electronic Signature' in the Indian legal definition) system. Therefore,
no practical application of QES in India exists. In practice, a hard requirement for a
theoretical QES would only apply to the limited use case exceptions already discussed if
such a signature type existed.
Requirements for validity

• The IT Act broadly provides for the enforcement of electronic signatures and recognises two
types of electronic signature as having the same legal status as handwritten signatures. This
lets companies choose the method best suited to their unique requirements. The methods
specifically recognised under the IT Act are: •
• Electronic signatures that combine an Aadhaar identity number with an electronic
Know-Your-Customer (eKYC) method (such as a one-time passcode).
• This method is known as the eSign online electronic signature service. •
• Digital signatures that are generated by an “asymmetric crypto-system and hash
function.”
• In this scenario, a signer is typically issued a long term (1- to 2-year) certificate-
based digital ID stored on USB token, which is used—along with a personal PIN—to
sign a document.
Requirements for validity

• For the two types of e-signatures to be valid under Indian law, they must satisfy these
additional conditions (Reliability Conditions):
• E-signatures must be unique to the signatory (they must be uniquely linked to the
person signing the document and no other person). This condition is met with a
certificate-based digital ID.
• At the time of signing, the signatory must have control over the data used to generate
the e-signature (for example, by directly affixing the e-signature to the document).
• Any alteration to the affixed e-signature, or the document to which the signature is
affixed, must be detectable (for example, by encrypting the document with a tamper
evident seal).
• There should be audit trail of steps taken during the signing process.
Requirements for validity

• Signer certificates must be issued by a Certifying Authority (CA) recognized by the

Controller of Certifying Authorities appointed under the IT Act. Only a CA licensed by the
Controller of Certifying Authorities can issue e-signature or digital signature
certificates. View a list of licensed Certifying Authorities.
• If each of the Reliability Conditions is satisfied, then there is a legal presumption in favor of
the validity of any document signed using an electronic signature.
Validity of other forms of electronic signing

• Documents signed using an electronic means, other than an e-signature as prescribed

under the IT Act, are not invalid. Section 10A of the IT Act states that contracts that are
otherwise validly concluded will not be rendered invalid merely because they were made in
electronic form.
• In the case of Tamil Nadu Organic Private Ltd & Others v. State Bank of India,* the
Madras High Court observed that “contractual liabilities could arise by way of electronic
means and that such contracts could be enforced through law.”
• The High Court further stated that Section 10A of the IT Act enables the use of electronic
records and electronic means for the conclusion of agreements, contracts, and other
purposes.
Validity of other forms of electronic signing

• If email or another form of authentication is used to sign a document electronically, then the following
industry best practices should be implemented to help satisfy the requirements of the IT Act:
• Include a mechanism for verifying the identity of the party who signed the document (for example, by
sending a verification request to a unique email address, or sending an OTP to the signing party’s mobile
phone).
• Obtain the signing party’s consent to do business electronically.
• Be able to demonstrate clearly that the signing party intended to sign the document electronically by the
particular method used.
• Track the process securely and keep an audit trail that logs each step.
• Secure the final document with a tamper-evident seal.
• However, customers can use Adobe Sign in combination with certificates issued by eMudhra, which is a CA.
• For these use cases, there will be presumption of validity in favor of documents signed using Adobe Sign in
combination with eMudhra-issued certificates. In addition, using Adobe Sign, the customer can implement
features and functionality that achieve industry best practices including a mechanism for determining the
identity of the signatories, audit trails, and providing encryption to ensure that the final document is tamper-
proof.
Government Use of ESignature

• Government authorities such as the Ministry of Corporate Affairs, Department of Revenue,

and Ministry of Finance accept electronic records authenticated using digital signatures.
• In the case of e-filing with the Ministry of Corporate Affairs, income tax and GST (goods and
service tax) filings, digital signatures are the preferred mode of execution.
• The Reserve Bank of India (RBI) has allowed small finance banks and payment banks to rely
on electronic authentication for confirmation of the terms and conditions of the banking
relationship.
• The RBI also allowed a one-time PIN (OTP) based eKYC process for onboarding customers
by all regulated entities, subject to certain conditions.
Use Cases That Are Not Typically Appropriate for
Electronic Signatures or Digital Transaction Management

• Use cases that are specifically barred from digital or electronic processes or that include
explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial
process or registration with Registrar or Sub-Registrar that are not usually compatible with
electronic signatures or digital transaction management.
• Handwritten - negotiable instrument, other than a cheque (IT Act not applicable)
• Handwritten - power-of-attorney (IT Act not applicable)
• Handwritten - trust deed (IT Act not applicable)
• Handwritten - will or any other testamentary disposition (IT Act not applicable)
• Handwritten - Any contract for the sale or conveyance of immovable property or any
interest in such property (IT Act not applicable)
Other considerations when signing electronically

• Requirement to stamp.
• In India, certain documents must be stamped before or at the time of execution. Currently, no law in India
prescribes a method for stamping electronic documents.
• Some states such as Maharashtra, Karnataka, and Delhi specifically extend the requirement for stamping to
electronic records. When stamps are accepted electronically, solutions like Adobe Sign can be tailored to meet
those requirements.
• Companies should always confirm with their internal legal team whether a document needs to be stamped before
signing and executing the document electronically. If a document
• is signed and executed electronically and is required to be stamped, then the company should ensure that a
physical copy of the document is prepared and stamped.
• If a document is not properly stamped, then in some circumstances, financial penalties may be imposed. Some
states penalize deliberate non-stamping of documents with imprisonment and/or fine (although these provisions
are rarely enforced).
• If a document is not properly stamped, then in some circumstances financial penalties may be imposed. Some
states penalize deliberate non-stamping of documents with imprisonment and/or fine (although these provisions
are rarely enforced).
QTP

• Explore
• Create and Apply Your own E-signature is any real world application
• Comment on the Process, Challenges and benefits gained
• Comment on
• Need of E-Signatures in todays era
• Which factors make e-signatures valid in India?
punaha milaamaha
References

• https://www.vskills.in/certification/tutorial/e-governance/e-government-and-need-of-e-
governance/
• https://www.geeksforgeeks.org/e-governance/
• https://cleartax.in/s/e-governance
• https://en.wikipedia.org/wiki/Electronic_signature
• https://www.kullabs.com/classes/subjects/units/lessons/notes/note-detail/582
• https://www.docusign.com/how-it-works/legality/global/india