This Article is Written by Mr. Veerbhan, Student of Maharshi Dayanand University, Rohtak
Meaning of Digital Democracy
Digital democracy, also known as the Internet or electronic democracy, expands this concept into the field of technology. Digital governance is often associated with electronic voting but includes far more, including the participation of citizens in the political process and the protection and promotion of Democrat values. Using online platforms allows citizens to actively contact elected representatives and contribute to decision-making and other political processes. This digital approach allows individuals to express their opinions, give feedback, and explain to managers. In the Indian context, the constitution should consider the development of social and political change within a democratic framework.
In addition, the term “digital democracy” can also describe the use of modern technology to strengthen and change traditional democratic institutions and methods such as parliamentary and political class. Ultimately, digital democracy acts as a means of actively engaging citizens in the entire political system, promoting greater effectiveness and awareness of political culture.
Benefits of Digital Democracy
- Increased People’s Participation in Government and Governance process.
- Transparency & Accountability.
- Effectiveness
- Advanced Communication
- Better Service Providing
- Trustable Approach
Meaning of Digital Governance
Digital government is a framework for determining accountability, roles, and the authority to determine the digital existence of an organization. This means that refers to its website, mobile websites, social channels, other Internet, and all web-enabled products and services. Digital governance is the discipline focused on determining clear accountability for digital strategies, guidelines, and standards. Digital governments use many modern information technologies such as the Internet, local area networks, and mobile phones to improve effectiveness, efficiency, service delivery, and promotion of democracy. According to Kettl (2002), governance is a way of explaining government and its broad environment, namely political, social and administrative relationships.
Government Initiatives Towards Digital Governance
The government takes many initiatives to promote or increase digital Governance through new Acts, policies, and plans. Some examples are:
- Information Technology Act (IT) Act, 2000
- The National e-Governance Plan (NeGP), 2006
- National Cyber Security Policy (NCSP), 2013
- Ministry/Department of Electronics and Information Technology (MeitY/DeitY)
- National Institute of Electronics and Information Technology (NIELIT)
- Digital India
Constitutional Framework in India
The fundamental rights fixed in the Indian Constitution according to Part 3 are guaranteed to be the basis of the rights of Indian citizens. Although these rights were initially designed to protect rights in the physical field, these rights discovered extended interpretations and applications in digital spaces.
Article 19 of the Indian Constitution guarantees six fundamental freedoms, including freedom
Includes language and expression meetings, exercise stays, and work meetings. In the digital age, the interpretation of freedom of speech, expression, and Article 19 has ended. With the advent of the Internet and social media platforms, individuals exercise their freedom of expression. However, these extensions create challenges from a perspective regarding the regulation of the issue of misinformation content and the boundaries between free speech and hate speech or honor loss.
The interpretation of Article 19 of the Digital Space includes the President for the design of guidelines and regulations that compensate for the right to freedom of expression with concern regarding content moderation, online nuisance, and misinformation.
Article 21 of the Indian Constitution embodies the right to life and individual freedom. Over time, the judiciary interpreted two things in this article, documenting their privacy rights. In the 2017 Indian Judge KS Puttaswamy and India’s pioneering case, the Supreme Court of India stated that the right to privacy is a fundamental right related to Article 21. This judgment sets a monumental precedent in which the importance of data protection and privacy in the digital age is recognized. The ruling laid the foundation for discussion and legal framework conditions to preserve data protection and protection in India.
These fundamental rights serve as the basis for fighting India’s digital rights. The interpretation and application of these rights within digital space continue to evolve. The constitutional relevance of these fundamental rights in the context of the digital age is a topic of ongoing legal and political debate, particularly in compensation for the need for freedom of speech, privacy, and the regulatory need to ensure responsible use of digital platforms.
The investigation and adaptation of these constitutional provisions regarding the complexity of digital landscapes is essential to the rights and privacy of Indian citizens in the digital age.
Case Studies and Legal Precedents
Several Legal Case precedents in India have saved the understanding of free speech and expression in the digital space.
Shreya Singh vs Union of India[1]: the Supreme Court of India struck down section 66a of the
Information Technology Act 2000 allowed arrest for posting offensive content online. the
Court ruled that it violated the right to free speech.
Rangarajan V.P . Jagjivan Ram[2]: this case emphasized that free speech extends to the right to express views that may be unpalatable to others as long as it does not incite violence.
Anuradha Bhasin vs Union of India[3]: the case focused on internet shutdowns in the disputed region of Jammu and Kashmir the court emphasized that any internet shutdown should I tell to principles of necessity and proportionality safeguarding freedom of speech and the right to access information.
Justice K.S. Puttaswamy (Retd.) vs Union of India[4]: The Supreme Court of India recognized the right to privacy as a fundamental right under the Indian Constitution. The nine-judge bench unanimously held that privacy is intrinsic to the right to life and personal liberty under Article 21.
This case and legal precedents Underscore the evolving nature of free speech and expression in the digital sphere within the Indian legal framework. They have set the tone For balancing free expression with the need for responsible governance and have influenced policies, regulations and the approach of authorities towards digital rights in India.
Loopholes in the Existing Constitutional Framework
- Lack of Explicit Data Privacy right: While the Judiciary acknowledged the right to privacy as a fundamental right there is no explicit Provision dedicated solely to data privacy. The absence of a specific data protection Framework within the Constitution creates ambiguity in the legal protection of personal data.
- Rapid technological advancement: The constitution drafted in the mid-20th century couldn’t anticipate the Rapid evolution of Technology. As a result, it may not adequately cover or foresee digital challenges such as emerging Technology Artificial Intelligence and the intricacies of data usage and protection in the digital sphere
- Balancing rights and regulations:- Balancing freedom of expression with the need for responsible governance and regulation in the digital space poses a continuous challenge. The Interpretation of Fundamental Rights in the Digital Sphere And the measures to regulate content without infringing on these rights need clearer guidelines.
In India, the journey towards digital democracy presents both opportunities and challenges. The government’s role in improving accessibility for rural citizens to digital services is crucial, yet there is a lack of awareness about online services and insufficient connectivity in some areas, affecting the speed, availability, and quality of e-government services. Technological advancements such as cloud services, mobile, and social media can help departments reach citizens through Customer Service Centres and better understand their needs. Encouraging new funding models like Public-Private Partnerships can enhance service delivery through ICT transformation and reengineering. Government departments focusing on user needs and experiences can improve citizen interaction and service provision.
Conclusion
Our research underscores that digital democracy in India has significant potential but requires addressing substantial challenges. Policymakers and civil society must recognize these challenges and take proactive measures to harness digital democracy’s full potential. Digital democracy marks a milestone in the evolution of governance, emphasizing the role of interactive technologies. It involves governments leveraging digital opportunities to meet the expectations of an increasingly online generation. Successful implementation of digital democracy initiatives necessitates understanding local contexts and creating inclusive, responsive platforms that cater to diverse citizen needs. Prioritizing digital literacy and skill-building is crucial for Digital India’s success, as e-democracy relies on active citizen participation through digital channels. Thus, advancing e-democracy can only be achieved through the active engagement of citizens in the digital realm.
[1] Shreya Singh vs Union of India AIR 2015 SC 1523
[2] Rangarajan V.P . Jagjivan Ram 1989 SCR (2) 204, 1989 SCC (2) 574
[3] Anuradha Bhasin vs Union of India AIR 2020 SC 1308, (2020) 1 MAD LJ 574, (2020) 1 SCALE 691
[4] Justice K.S. Puttaswamy (Retd.) vs Union of India, (Civil) No. 494 of 2012, (2017) 10 SCC 1
