E-Delivery of Public Services Development Policy Loan

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).

Although the intentions are good yet the final outcome is not difficult to predict. India has a very poor track record of policy formulation and its implementation. For instance, policies pertaining to cyber law, cyber security, encryption, telecom, telecom security, mobile security, etc are still missing.

Further, India also has a poor track record of e-governance utilisation and providing of electronic delivery of services in India. We have no legal enablement of ICT systems in India and legal framework for e-delivery of services in India is also missing. In fact, as per e-governance experts of India, e-governance in India is dying. Without a mandatory e-governance services in India, e-delivery of services in India cannot be achieved.

According to Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India, “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 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 United Nations Development Programme (UNDP) and World Bank Grants amount”.

“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, says Praveen Dalal.

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.

In these circumstance, the e-delivery of public services development policy loan would just add to the woes of Indians as this type of e-governance would be a source of corruption itself rather than removing the mass corruption existing in India. No time in the past the need for a strong and effective Jan Lokpal Act is felt more than the present circumstances where neither India nor International organisations like United Nations, World Bank, UNDP, etc are questioning the acts and omissions of Indian government.

World Bank Is Fooling India Or Being Fooled By India

World Bank and India have been engaged in many projects of national and international importance. However, one project that has no significance and practically has no hope of implementation is mandatory delivery of e-governance services in India.

The Government of India and the World Bank today signed a Loan Agreement of $150 million for the E-Delivery of Public Services Development Policy Loan under the National E-Governance Plan (NEGP). However, which e-governance World Bank and India are talking about is still a mystery. E-Governance in India has been a big failure and there are no chances of its revival for at least 10 more years. India’s ranking in e-readiness and e-governance are declining year after year and India is still celebrating its paper victories.

Almost all e-governance projects of India have failed to materialise. This has happened because India has neither a mandatory legal framework for e-governance nor are there any policies or strategies for effective e-governance. Even the proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more. The truth is that e-governance in India is dying.

According to Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India, “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 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 United Nations Development Programme (UNDP) and World Bank Grants amount”.

“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, says Praveen Dalal.

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. Perhaps a strong and effective Jan Lokpal Act 2011 would bring some respite in this indifferent atmosphere created by Indian government and World Bank.

Indian E-Delivery of Public Services

Electronic delivery of public services in India is in news these days. E-delivery of public services in India cannot be provided till we have a sound legal framework supporting the same. Till now we have no framework for mandatory e-delivery of public services in India.

The sole cyber law of India is incorporated in the information technology act, 2000 (IT Act 2000). IT Act, 2000 does not provide a mandatory framework for providing e-delivery of public service in India On the contrary, section 9 of the IT Act, 2000 is expressly denying the same to Indian citizens.

According to Praveen Dalal, managing partner of New Delhi base law firm Perry4Law and leading techno legal expert of India, E-Delivery of Public Services in India cannot succeed till we have “Mandatory E-governance Services in India”. Presently, providing of E-Delivery of Services in India is discretionary and this is resulting in “Poor Growth” of E-Governance in India, says Dalal. Even the proposed Essential Services Delivery Bill 2011 of India is “Not Conducive” for E-Delivery of Services in India, informs Dalal.

The national e-governance plan of India (NEGP) has been suffering from many defects and shortcomings. There is no performance based appraisals and neither is there any accountability for the funds issued to various e-governance projects. There seems to no accountability for the loans, funds, and grants issued by International organisations and programmes like World Bank and United Nations Development Programme (UNDP).

The department of information technology (DIT) has released a paper note covering a framework for citizens’ engagement in NEGP. The idea is to engage citizens in policy formulation and its implementation at all the stages. Although the intention is good yet its accomplishment is next to impossible keeping in mind the poor past record of use of public private partnership (PPP) for governmental projects and initiatives.

Even the draft electronic services delivery bill 2011 is suffering from numerous limitations. It seems the sole purpose of this Bill is to use it as a façade so that international community, especially World Bank, can be fooled and the recent $150 million loan to India in this regard can be used on papers once again.

India has to be honest and corruption free if it wish to use the information highway of e-delivery of public services. But for the next ten years expecting mandatory e-delivery of public services in India would be ignoring the ground realities and vast corruption existing in India.

E-Delivery Of Public Services in India

Electronic delivery or e-delivery of services in India is still at its infancy stage. India is stressing too much upon information and communication technology (ICT) procurement rather than providing online services. Further, in the absence of any national level policies and strategies for online services, e-delivery of services in India has by and large remained illusive.

E-delivery of services is closely related to successful use of e-governance. E-governance in India is in bad shape and is generally unsuccessful. In fact, techno legal experts have even claimed that e-governance in India dying.

According to Praveen Dalal, managing partner of New Delhi base law firm Perry4Law and leading techno legal expert of India, E-Delivery of Services in India cannot succeed till we have “Mandatory E-governance Services in India”. Presently, providing of E-Delivery of Services in India is discretionary and this is resulting in “Poor Growth” of E-Governance in India, says Dalal. Even the proposed Essential Services Delivery Bill 2011 of India is “Not Conducive” for E-Delivery of Services in India, informs Dalal.

Even the national e-governance plan of India (NEGP) has not been a great success. There is no performance based appraisals and neither is there any accountability for the funds issued to various e-governance projects. Even there seems to no accountability for the funds and grants issued by International organisations and programmes like World Bank and United Nations Development Programme (UNDP).

Recently, department of information technology (DIT) issues a paper tilted framework for citizens engagement in NEGP. The idea is to use power of citizens and public private partnership (PPP) for governmental projects and initiatives. However, if we keep in mind the previous history of India, there are no effective contributions of public in the e-governance fields of India. Even if some public spirited citizens give their valuable suggestions, they are never considered by Indian government.

In fact, departments like DIT take contrary actions and decisions despite stiff public protests. For instance, the information technology amendment act, 2008 was vigorously protested yet it was imposed upon India. Cyber law of India needs urgent repeal and despite many suggestions by techno legal experts of India, the unconstitutional provisions of the same have been kept intact by DIT.

It is clear that public inputs and suggestions are of no use for Indian government and its departments. Till accountability, transparency and performance bound actions and projects are not undertaken, even the grants and funds of World Bank/UNDP cannot save India.

E-Governance In India: Success And Failures

E-governance in India has failed to make the necessary impact. Of course, one or two e-governance initiatives of India have been successful but in totality e-governance is a big failure in India. This has happened because India has neither a mandatory legal framework for e-governance nor are there any policies or strategies for effective e-governance. Even the proposed draft electronic services delivery bill 2011 of India is nothing more than legal jargon with no practical significance and utility.

Keeping in mind the past record of India, nothing much can be expected even from the framework for citizen participation in NEGP. This is so because the citizen to government (C2G) participation in India has largely been confined to just comments giving by public with little appreciation of the same. Further, international organisations and programmes like World Bank and United Nations Development Programme (UNDP) have “never ensured accountability” from India while granting funds and grants.

The end result is that e-governance itself has become a source of corruption and only strong and effective laws like Jan Lokpal Bill, 2011 of India can reduce such high level corruption in India.

What failed the e-governance projects of India? Why these projects are not taking a concrete shape? What steps must be taken by Indian government to implement successful e-governance projects in India? In this interview with Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Expert of India we are exploring these issues.

Q-1 What is the current state of e-governance projects in India?

A-1 E-Governance in India has failed by and large. However, the “India Shining Syndrome” of e-governance in India is still trying to portray otherwise, though unsuccessfully.

Q-2 What is India’s position in this regard at the international level?

A-2 At the International level India’s ranking is falling when it comes to basic prerequisites of e-governance, i.e. e-readiness, public-governmental interaction, public services, etc.

Q-3 Why e-governance projects are failing in India? What are the factors responsible for such failures in India?

A-3 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 grassroot 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. Further, there is a complete lack of transparency and accountability among the persons dealing with these projects. As a result the money and resources meant for the common man are misappropriated by corrupt governmental officials and departments.

Q-4 What are the side effects of failures of e-governance in India?

A-4 Failure of E-Governance is also affecting other segments like e-commerce. India does not have a satisfactory Legal Enablement of ICT System that is a result of weak and ineffective cyber law of India. The Information Technology Act, 2000 is useless as far as legal enablement of e-governance, e-commerce, cyber law, etc are concerned.

Q-5 What steps should the government of India must take to successfully implement e-governance projects in India?

A-5 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 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 UNDP/World Bank grants amount.

Q-6 What is the single most effective way to solve the problems of e-commerce, e-governance, cyber law, etc in India?

A-6 India needs a good National ICT Policy that is currently missing. Presently India lacks the necessary expertise to not only formulate a National ICT Policy but also to implement the same. We are stressing too much upon the size of the executing companies rather than upon the necessary expertise to in fact execute the allotted project.

World Bank Must Ensure Accountability Of Indian NEGP

International organisations and programmes like World Bank and United Nations Development Programme (UNDP) have been supporting e-governance initiatives of various countries world wide. While this is a praiseworthy concept yet neither World Bank nor UNDP have been ensuring accountability and transparency for the granted funds.

Recently, World Bank approved $150 Million to accelerate implementation of India’s National e-Governance Plan (NEGP). The aim of NEGP is to transform the service delivery system across the country. The World Bank granted the loan for the purposes of electronic delivery of public services in India. While this World Bank loan will not target specific services per se, it will initiate policy and institutional actions that will affect all services.

However, of all the matters policy formulation in India is worst. Till now we do not have a sound ICT policy of India. Similarly, we do not have a legal framework for mandatory e-governance services in India. Even the proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more. According to techno legal experts of India, e-governance in India is dying.

This is clear from the recent draft Electronic Services Delivery Bill, 2011 of India (ESD Bill 2011). However, the real problem with Indian E-Governance Initiatives in general and proposed ESD Bill 2011 in particular is that Legal Framework for Mandatory Electronic Services Delivery in India is missing from it, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law. Citizen to Government (C2G) Participation in India needs rejuvenation and an implementable Framework for Citizens Engagement in NEGP is the need of the hour, suggests Dalal.

Similarly, on the m-governance policy of India as well India is well beyond the required standards. The regulatory framework for m-governance in India is still missing. In fact, the most important requirement for establishing legal enablement of ICT systems in India is missing. We have no legal enablement of ICT systems in India and failure of e-courts project of India is directly attributable to the same.

If UNDP and World Bank are unaware of these failures of India nothing can be more unfortunate. However, if both UNDP and World Bank are aware of these circumstances and still prefer to do nothing, there is something very wrong with the system itself. UNDP and World Bank must immediately evaluate the circumstances prevailing in the Indian e-governance initiatives and take necessary actions in this regard.

E-Governance in India Is Dying Says Praveen Dalal

This is the updated version of the previous article on similar topic. Almost all e-governance projects of India have failed to materialise. This has happened because India has neither a mandatory legal framework for e-governance nor are there any policies or strategies for effective e-governance. Even the proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more.

Further, the latest addition to this wish list of Indian government is the framework for citizen participation in NEGP. Till now public participation in the e-governance initiatives of India has remained a lip service alone with no effective use. The citizen to government (C2G) participation in India has largely been confined to just comments giving by public with little appreciation of the same.

Very few words are more fanciful than the words e-governance. These words have a tendency to portray an image of all advanced nation or capable manpower. But the bigger question is what is more important; the image or reality? We have to analyse this question in the light of e-governance in India and the efforts of government of India to achieve the herculean task of being an information and communication technology (ICT) enabled and capable nation.

Let us peep into the mind of those who have a deeper insight of this “India shining syndrome” of Indian government and bureaucrats. According to Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India, “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 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 United Nations Development Programme (UNDP) and World Bank Grants amount”.

The truth becomes more obscure in the maze of various reports and surveys, most of which are government or its agencies/partners “sponsored”. The bureaucratic incompetencies and lack of Governmental will only find support in high profile workshops and seminars where common man has neither an access nor a say. At the international level, however, India’s ranking is falling when it comes to basic prerequisites of e-governance, i.e. e-readiness, public-governmental interaction, public services, etc.

“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. We neither have a right nor would be we honest and true if we call ourselves an e-governance oriented Nation as even the basic “e-mail communications” with the Government of India, including Prime Minister’s Office (PMO), President, Ministry of Information Technology, Ministry of Science and Technology, etc are “NEVER” replied back” says Praveen Dalal.

It is astonishing to know that the so called “e-governance experts” in the bureaucratic and governmental circles of India do not even know when and how to respond back to urgent and pressing public communications (e-mails). What is the benefit of attending and participating in high profile conferences and workshops in a cool and comfortable hotel room environment when the Citizen to Government (C2G) and Government to Citizen (G2C) wings of Indian e-governance are “missing”? The C2G and G2C are the core pillars of not only e-governance but electronic commerce (e-commerce) as well. The problem seems to “lack of accountability” among the Government Departments in India.It is surprising that despite these “serious problems” the India Shining image is often portrayed when it come to e-governance in India.