eSign is the latest victim of SC’s Aadhaar verdict
Strategists believe that the judgement has partially read down Section 57 and that there is a lack of clarity if ‘body corporates or persons’ can use Aadhaar by law although it is clear that they cannot do so by any contract to that effect. Even though, the IT Act backs the use of eSign, the validity will depend on the interpretation of the judgement. The issue of eSign is not binary and is subject to scrutiny by the courts. It might be a long-drawn process but the courts have the power to decide if e-sign is permissible.
Bankers feel that the problem with eSign is that the Aadhaar numbers needs to be captured – done by the CAs and not banks. Post the judgement it is not clear if the CAs would still be allowed to capture this.