BACK TO IT ACT(2015) 5 SCC 1
IT Act 2000AMENDED 2008
Section 87
Power of Central Government to Make Rules
THE STATUTE
Original Text
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which any information or matter may be authenticated by means of digital signature under section 5; (b) the electronic form in which filing, issue, grant, receipt or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, created or issued and the method of payment under section 6; (d) the matters relating to the type of digital signature, manner and format in which it may be affixed under section 10; (e) the security procedure for the purpose of creating secure electronic record and secure digital signature under section 16; (f) the augmenting of any list of documents or transactions to which the Act shall not apply under the Schedule; (g) the manner in which information shall be retained in the electronic form under section 7; (h) the form in which an application for licence may be made under section 22; (i) the amount of fees payable under section 22; (j) such other powers and functions of the Controller under section 18; (k) the form and the fee for filing an appeal and the fee for other proceedings before the Appellate Tribunal under section 57; (l) the salary and allowances payable to and the other terms and conditions of service of the Presiding Officer and other officers of the Appellate Tribunal under sections 50 and 52; (m) the procedure for investigation of contraventions under section 28; (n) other matter which is required to be or may be prescribed.
Simplified
Section 87 is the primary rule-making provision of the IT Act — the legislative authority under which the Central Government has notified the extensive body of subordinate legislation that makes the IT Act operational in practice. Section 87(1) confers a general rule-making power to carry out the provisions of the Act. Section 87(2) lists specific subjects on which rules may be made, including the manner of digital signature authentication, electronic filing formats and payment methods for government services, electronic signature types and procedures, security procedures for secure electronic records and signatures, expansion or contraction of the Act's Schedule (which lists documents and transactions excluded from the Act's scope), electronic record retention, licence application forms and fees, Controller's powers and functions, Appellate Tribunal fees and procedures, officers' salaries and service conditions, and investigation procedures. The phrase 'without prejudice to the generality of the foregoing power' in Section 87(2) means that the listed subjects do not limit the general power — rules can be made on matters not listed, as long as they are necessary to carry out the Act. Rules made under Section 87 include: the Information Technology (Certifying Authorities) Rules 2000; the Information Technology (Security Procedures) Rules 2004; the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021; the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption) Rules 2009; and many others. Every significant area of IT Act implementation is governed by rules notified under Section 87.
Common Queries
Key rules made under Section 87 include: the IT (Certifying Authorities) Rules 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the IT (Procedure and Safeguards for Interception) Rules 2009, and the IT (Reasonable Security Practices) Rules 2011.
Yes. Section 87(3) requires every rule made under Section 87 to be laid before each House of Parliament while it is in session — subject to Parliament's power to modify or annul. This provides legislative oversight over delegated legislation under the IT Act.
Legal Evolution
Section 87 was in the original IT Act 2000 and has been amended by the 2008 Amendment to reflect the expanded Act. The volume of subordinate legislation under Section 87 has grown enormously — the IT Rules 2021, which govern intermediary liability and digital media content, are the most consequential exercise of the Section 87 power in the Act's history.
Key Amendments
Amended by IT (Amendment) Act 2008 to add rule-making subjects corresponding to new 2008 provisions.
IT (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021 are the most recent and consequential rules under this section.
Landmark Precedents
Shreya Singhal v. Union of India (2015)
RELEVANCE
While primarily addressing Section 66A, the Supreme Court also struck down Rule 3(4) of the Intermediaries Guidelines Rules 2011 (made under Section 87) as unconstitutional for enabling blocking without judicial oversight — setting standards for rule-making under Section 87.