BACK TO IT ACT
IT Act 2000
Section 18
Functions of Controller
THE STATUTE
Original Text
The Controller may perform all or any of the following functions, namely:— (a) exercising supervision over the activities of the Certifying Authorities; (b) certifying public keys of the Certifying Authorities; (c) laying down the standards to be maintained by the Certifying Authorities; (d) specifying the qualifications and experience which employees of the Certifying Authorities should possess; (e) specifying the conditions subject to which the Certifying Authorities shall conduct their business; (f) specifying the contents of written, printed or visual materials and advertisements that may be distributed or used in respect of a Electronic Signature Certificate and the public key; (g) specifying the form and content of a Electronic Signature Certificate and the key; (h) specifying the form and manner in which accounts shall be maintained by the Certifying Authorities; (i) specifying the terms and conditions subject to which auditors may be appointed and the remuneration to be paid to them; (j) facilitating the establishment of any electronic system by a Certifying Authority either solely or jointly with other Certifying Authorities and the regulation of such systems; (k) specifying the manner in which the Certifying Authorities shall conduct their dealings with the subscribers; (l) resolving any conflict of interests between the Certifying Authorities and the subscribers; (m) laying down the duties of the Certifying Authorities; (n) maintaining a data base containing the disclosure record of every Certifying Authority containing such particulars as may be specified by regulations, which shall be accessible to public.
Simplified
Section 18 defines the functional mandate of the Controller of Certifying Authorities (CCA) — the apex regulatory authority for India's Public Key Infrastructure (PKI). The CCA sits within the Ministry of Electronics and Information Technology (MeitY) and its Section 18 functions collectively establish the Controller as a comprehensive regulator across the entire CA ecosystem. The functions span three broad categories. First, standard-setting and licensing conditions: the Controller specifies technical standards (clause c), staff qualifications (clause d), business conditions (clause e), certificate formats and key requirements (clauses f and g), and accounting requirements (clause h). These form the foundation of what a CA must do to receive and retain a licence. Second, supervisory and enforcement functions: the Controller exercises direct supervision over CA activities (clause a), certifies the public keys of CAs themselves within the Root CA hierarchy (clause b), regulates multi-CA electronic systems (clause j), and maintains a public disclosure database of every CA (clause n). The public disclosure database is particularly important for relying parties: anyone can check a CA's compliance record and disclosure status. Third, subscriber-protection functions: the Controller specifies how CAs must deal with subscribers (clause k), resolves conflicts between CAs and subscribers (clause l), and lays down CA duties (clause m). The audit function under clause i — specifying auditor terms and remuneration — gives the CCA control over the independence of CA auditors, preventing CAs from appointing compliant auditors to rubber-stamp their practices. Section 18 should be read alongside Section 19 (recognition of foreign CAs) and the CCA's subordinate regulations to understand the full regulatory architecture.
Legal Evolution
Section 18 was in the original IT Act 2000. The CCA was operationalised in 2000 under then-Secretary to the Government of India. India's licensed CA system under CCA oversight has since issued hundreds of millions of Digital Signature Certificates. The CCA now also oversees Aadhaar-based e-KYC signing infrastructure.
Key Amendments
Amended by IT (Amendment) Act 2008: 'Digital Signature Certificate' expanded to 'Electronic Signature Certificate' throughout, reflecting technology neutrality.