Digital signatures and Aadhaar-based e-signatures are acknowledged as valid modes of authentication in tribunal filings, improving access to justice.

This is an application filed by the original applicant seeking permission to file pleadings before the Tribunal certifying its authencity using Digital Signature Certificate (DSC) or Aadhaar based e-signature as valid authentication. According to the applicant, the Aadhaar based e- signature or DSC certificate, which are provided in authentication of the documents should be permitted to be used in the Tribunal while filing Original Applications and pleadings. It was also contended that various statutory provisions enable the security and authencity of the digial signature and is now well recognised mode of certification of documents/ pleadings. It was also stated that Hon'ble Supreme Court and various High Courts, in the interest of justice, and to facilitate access to justice, has permitted the use of electronic signatures and digital authentication, especially in situations where physical filing is rendered difficult due to unavoidable circumstances. The Hon'ble High Court of Kerala has permitted the use of DSC in filing petitions/ documents. It was also submitted at the time of hearing that High Court Rules have appropriately been amended.

2. The learned Standing Counsel for the Lakshadweep Administration supported this request and contended that it would facilitate filing of petitions/ documents before this Tribunal by the administration, especially when the connectivity from Lakshadweep to the mainland is disrupted due to various reasons and the restrictions in connectivity between various offices situated in different islands. It was also pointed out that since e- filing has been made applicable to the Central Administrative Tribunal, the need of the hour is to permit Digital Signature Certificate (DSC) or Aadhaar based e-signature of documents/ pleadings as valid authentication.

3. Since doubt arose as to whether such a permission can be granted since the CAT Rules of Procedure has not been amended, specifically enabling filing of pleadings, both sides were heard in detail.

4. Rule 5 of CAT Rules of Practice, 1993 deals with date and signature, which reads as follows.

“...A party required to affix his signature shall also state his name in capitals near his signature and initial or sign at the bottom of each page.

Explanation – The expression 'signature' or 'initial' includes thumb mark...”

5. It is true that the Digital Signature or Aadhar based e-certification is not specifically contemplated under Rule 5. Definitely in 1993 when the Rules were framed, the concept of digital certification through above modes could not have even been visualized nor contemplated.

6. Section 5 of the Information Technology Act, 2000 deals with legal recognition of electronic signatures. It states as follows.

“...Legal recognition of [electronic signatures] - 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, notwithstanding anything contained in such law, 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.

Explanation.–For the purposes of this section, “signed”, with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression “signature” shall be construed accordingly...”

7. “Digital Signature (end Entity) Rules, 2015” deals with the manner of authentication of information by means of digital signature under Section 3. “Electronic Signature or E