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Govt To Bring Principle-Based Legal Framework To Catalyse India Techade: Rajeev Chandrasekhar

Rajeev Chandrasekhar MoS IT legal framework
SUMMARY

The legal framework will be principle-based to enable and support a vibrant startup and innovation ecosystem: MoS IT Rajeev Chandrasekhar

The efficacy, implementation and acceptance of any legislation depend on how many minds come together to help in its draft: Chandrasekhar

Union Minister of Electronics and IT Ashwini Vaishnaw earlier said that the government should be done with a legal framework in the next 14-16 months

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India is going to introduce a legal framework which would be less prescriptive and more principle-based, said Minister of State for Electronics and Information Technology Rajeev Chandrasekhar while speaking at the ItechLaw International Conference 2023.

“The government is working on a comprehensive legal framework that will include legislations like the proposed Digital Personal Data Protection Bill, the National Data Governance Framework, the amended IT rules etc. and the upcoming Digital India Act –  which will be less prescriptive and more principle-based to enable and support a vibrant startup and innovation ecosystem,” said Chandrasekhar.

He also added that the government has always considered the views of the stakeholders as important, adding that the efficacy, implementation and acceptance of any legislation depend on how many minds come together to help in its draft.

“Our effort has been to involve as many stakeholders as possible in the process of lawmaking. It is the government’s legislation as much as it’s the stakeholders’ legislation,” the MoS added.

The comments from Chandrasekhar come weeks after the Union Minister of Electronics and IT Ashwini Vaishnaw informed that the government should be done with a legal framework for India’s digital economy in the next 14-16 months.

Speaking at the Google for India 2022 held last month, Vaishnaw said, “These [DPDP Bill, Digital India Act, Telecom Bill] are the three horizontals on top of which will be multiple small, sectoral, focused, modular regulations. It is a very comprehensive outlook and we should be able to complete this exercise in the coming 14-16 months.”

The telecom, electronics and IT minister added that the draft Telecom Bill and the draft DPDP Bill would be approved by the Parliament by July-August 2023, according to the Union Minister. However, many key laws tend to languish in the parliament for a long time, as issues emerge during reviews by the opposition and parliamentary committees. 

For instance, the data protection bill languished in Parliament for the best part of three years, until the draft was finally scrapped in August 2022 citing several reasons. Mostly, the draft was scrapped due to the 81 changes recommended by a parliamentary committee. However, the replacement is also fraught with several issues, ranging from overreaching government powers to vague language open to wide interpretation.

The government has been introducing draft bills and other legislation to regulate sectors important to India’s digital economy, such as telecom, fintech, ecommerce and cryptocurrency.

Speaking about the latter at the event, Rajeev Chandrasekhar said the government did not have any issues with crypto until all the laws are followed.

“There is nothing today that outlaws crypto as long as you follow the legal process. If you want to invest in crypto, make sure you go through the RBI, get your LRS eligibility and the dollars as per rules,” added the MoS.

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