Question map
Which of the following statements, as per the Information Technology Act, 2000, is/are correct? 1. This Act provides that electronic signature is legally valid in the same manner as the handwritten signature. 2. Both the Central Government and State Governments have been given the power to make rules with respect to electronic signature. Select the answer using the code given below:
Explanation
The Information Technology Act, 2000, provides legal recognition for electronic signatures under Section 5, establishing that where any law requires a signature, such requirement is satisfied if an electronic signature is affixed in the prescribed manner. This grants electronic signatures the same legal validity as handwritten signatures. Regarding rule-making powers, Section 87 of the Act empowers the Central Government to make rules to carry out the provisions of the Act, including those related to electronic signatures. While State Governments have limited powers under Section 90 to make rules for specific administrative purposes (like electronic filing with state agencies), the primary authority to regulate the standards, types, and validity of electronic signatures rests with the Central Government. Therefore, statement 1 is correct, while statement 2 is incorrect as the power to define electronic signature standards is not shared equally between both levels of government.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > CENTRE- STATE LEGISLATIVE . RELATIONS > p. 703