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Section 88: Constitution of Advisory Committee

Information Technology Act • Official Statutory Text & Practice Guide

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Act 2000
Section 87 All 90 Sections of Information Technology Act Section 89

Legal Commentary & Landmark Judgments: Section 88

Section 88 provides for the constitution of the Cyber Regulations Advisory Committee, establishing a high-level multi-stakeholder statutory advisory body to advise the Central Government and the Controller on the formulation of rules and regulations under the Act.

  • Multi-Stakeholder Advisory Mandate: Authorizes the Central Government to constitute a specialized advisory committee to advise on digital regulations, public key infrastructure, and cyber trends.
  • Broad Sectoral Representation: Mandates inclusion of representatives from commercial trade bodies, cyber technology experts, academic institutions, and consumer welfare associations.
  • Consultative Governance Framework: Ensures that statutory subordinate rules and technological standards are informed by industry expertise and civil society feedback.
Key Landmark Precedents:
  • PUCL v. Union of India (2004) 2 SCC 476: Supreme Court emphasized the necessity of broad consultative stakeholder processes when formulating regulatory frameworks governing communications and technology.
  • State of U.P. v. Renusagar Power Co. (1988) 4 SCC 59: Supreme Court recognized that specialized advisory bodies provide vital technical input to executive authorities exercising complex delegated powers.
  • Indian Council of Enviro-Legal Action v. Union of India (1996) 5 SCC 281: Supreme Court underscored that statutory advisory committees ensure balanced, informed, and transparent administrative rule-making.
Courtroom Practice & Strategic Litigation Guidance:

In policy advocacy and public interest litigation, cite the statutory role of the Section 88 Advisory Committee to demand public stakeholder consultations before the executive notifies major changes to digital privacy or intermediary liability rules.

Section 87 All 90 Sections of Information Technology Act Section 89