Simplifying Administrative and Judicial Processes by Reducing Affidavit Requirements through Technology

According to an article by Supreme Court advocate Virag Gupta published in Navbharat Times, leveraging modern technology and self-certification can help eliminate the mandatory requirement for traditional affidavits, thereby reducing administrative and judicial delays. The historical background of affidavits traces back to the 1840 regulation, followed by the 1848 Calcutta Supreme Court regulation, the 1861 High Court Act, and the Oaths Act of 1969 based on the 28th Law Commission report.

Evolution and Reductions in Affidavits

• Self-Certification Initiatives: In June 2014, steps were initiated across central government departments to replace affidavits and gazetted officer attestations with self-certification to curb red tape and corruption.
• Upcoming Changes: Moves are underway to remove the requirement for executive magistrate or notary-verified affidavits for age or address proof in driving licenses, a reform that needs broader state and local adoption.
• Technological Integration: Former Chief Justice of India D.Y. Chandrachud emphasized aligning procedures with modern technology, accelerated by virtual hearings during the pandemic and digital signatures on court orders.

Legal Mandates and Pending Cases

• Elections and Criminal Proceedings: Under the Representation of the People Act, candidates must submit affidavits; providing false information can lead to election cancellation and criminal prosecution, as clarified by Supreme Court rulings regarding magistrate court complaints.
• Pendency Statistics: With approximately 5.83 million cases currently pending in courts, false affidavits in civil and property disputes contribute significantly to judicial backlog.
• Penalties: Previous rulings by the Supreme Court in 2016 and the Allahabad High Court have upheld hefty fines (such as ₹10 lakh and ₹15 lakh) for submitting false affidavits, though experts argue that stricter criminal actions are necessary.

Practical Implications and Verification

Experts suggest replacing routine affidavits with Aadhaar authentication for self-declarations and utilizing tools like Nyay-Setu, e-Summons, and e-Sakshya. Readers can verify original government policy notifications and legislative amendments through official portals of the Ministry of Law and Justice or respective state administration websites. Original images and specific third-party claims should be cross-checked independently.