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IT Act 2000

Section 88

Constitution of Advisory Committee

THE STATUTE

Original Text

(1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Cyber Regulations Advisory Committee. (2) The Cyber Regulations Advisory Committee shall consist of a Chairperson and such other official and non-official members representing the interests of industry and commerce, including insurance and banking, export and import, education and research, consumer protection, law and any other interests which the Central Government deems fit as may be prescribed. (3) The Cyber Regulations Advisory Committee shall advise — (a) the Central Government either generally as regards any rules or for any other purpose connected with this Act; (b) the Controller in framing the regulations under this Act. (4) There shall be paid to the non-official members of such Advisory Committee such travelling and other allowances as may be prescribed.

Simplified

Section 88 provides for the constitution of the Cyber Regulations Advisory Committee (CRAC) — a multi-stakeholder advisory body to guide the Central Government and Controller on IT Act policy and regulatory matters. The Committee must include both official (government) and non-official (industry/civil society) members representing a range of interests: industry and commerce, insurance and banking, export and import, education and research, consumer protection, and law. This broad membership requirement reflects an intent to make IT Act policy-making consultative and multi-stakeholder rather than purely bureaucratic. The Committee advises on two tracks: first, advising the Central Government on rules (the subordinate legislation made under Section 87) and other matters connected with the Act; second, advising the Controller on regulations (made under Section 89). In practice, the Cyber Regulations Advisory Committee has been constituted and has advised on various matters including the development of the IT Rules. The provision is important as the IT Act's primary institutionalised consultation mechanism — ensuring that industry, banks, exporters, researchers, and consumer groups have formal access to the rule-making process. The payment of allowances to non-official members under Section 88(4) ensures that the non-government representation is not limited to those who can afford to participate without compensation.

Common Queries

The Cyber Regulations Advisory Committee, constituted under Section 88, advises the Central Government on rules and amendments to the IT Act. It includes representatives from industry, academia, and government — providing stakeholder input into IT Act policy.

Legal Evolution

Section 88 was in the original IT Act 2000. The CRAC was constituted in the early 2000s and has been reconstituted periodically. The advisory committee model reflects India's tradition of consultative regulatory policy-making, though the pace of recent IT rule-making has sometimes outrun the consultation process.

Key Amendments

Unchanged since the original IT Act 2000.