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Section 90: Power of State Government to make rules

Information Technology Act • Official Statutory Text & Practice Guide

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Act 2000
Section 89 All 90 Sections of Information Technology Act

Legal Commentary & Landmark Judgments: Section 90

Section 90 empowers State Governments to make rules to carry out the provisions of the Act, enabling states to notify rules for state electronic governance, online public service delivery, electronic filing fees, and state departmental digital procedures.

  • State Delegated Legislative Authority: Authorizes State Governments to frame rules for electronic governance and public service delivery within their territorial jurisdiction.
  • State Electronic Service Delivery Norms: Empowers states to prescribe rules governing the electronic filing, creation, and issuance of state licenses, permits, and revenue payments under Section 6.
  • Mandatory State Legislative Tabling: Requires that every rule framed by a State Government shall be laid before the State Legislature for statutory scrutiny and review.
Key Landmark Precedents:
  • State of T.N. v. P. Krishnamurthy (2006) 4 SCC 517: Supreme Court laid down the definitive grounds for challenging state delegated legislation, emphasizing conformity with parent statutory policies.
  • In Re: Delhi Laws Act, 1912 AIR 1951 SC 332: Constitution Bench established the foundational boundaries of state delegated rule-making within constitutional limits.
  • State of Bombay v. F.N. Balsara AIR 1951 SC 318: Constitution Bench affirmed the legislative competence of states to enact rules executing central statutes within their state administrative remit.
Courtroom Practice & Strategic Litigation Guidance:

In disputes involving state digital portals (such as land record e-governance or online municipal tenders), examine the state's specific Section 90 rules; procedural deviations by state officials from their own gazetted rules invalidate adverse administrative rejections.

Section 89 All 90 Sections of Information Technology Act