Powers of Certifying Authorities

Certifying Authority. A Certifying Authority is a person who has been granted a licence to issue electronic signature Certificates under section 24 of the Information Technology Act, 2000; its powers are those the Act gives it over the certificates it issues.

Power to issue (section 35). Any person may apply to a Certifying Authority for an electronic signature Certificate, in the form the Central Government prescribes, with a fee of up to ₹25,000 as prescribed and a certification practice statement or, where there is none, a statement with the particulars specified by regulations. On the application, the Certifying Authority may, after considering the certification practice statement and making such enquiries as it deems fit, grant the electronic signature Certificate, or for reasons recorded in writing reject the application, after giving the applicant a reasonable opportunity of showing cause.

Power to suspend (section 37). The issuing Certifying Authority may suspend a Digital Signature Certificate on the request of the subscriber or a person authorised on his behalf, or in public interest; but not for more than fifteen days unless the subscriber has been given an opportunity of being heard.

Power to revoke (section 38). It may revoke a certificate at the subscriber's request, on his death, or on the dissolution or winding up of a subscriber that is a firm or company. It may also revoke a certificate at any time if it considers that a material fact stated in it is false or was concealed; that a requirement for its issue was not met; that its own private key or security system has been compromised in a way that materially affects the certificate's reliability; or that the subscriber has been declared insolvent or has died, or, being a firm or company, has been dissolved, wound up or otherwise ceased to exist. No certificate may be revoked without first giving the subscriber an opportunity of being heard, and the revocation must be communicated to him (s. 38(3), (4)).