Day 97 – Q 1

1. You are heading a committee of experts from the fields of law and technology to come out with a detailed proposal to initiate a state level e-governance project. The committee has met multiple times to discuss and deliberate upon the issues in hand and finalise the proposal before the deadline ends. However, it appears that there are serious differences of opinion between the technology and the legal teams over a range of open issues. The technology experts provide solutions that are contested by the legal team over propriety and legal concerns. The demands of the legal experts are refuted by the technology team as being too ambitious and unviable.

You have a feeling that somehow the egos are clashing. No one is ready to accommodate the concerns raised by the others and create space for a middle path. Both the teams also seem to be suffering from a superiority complex. It appears that the proposal would not take the final shape if the ongoing stalemate is not sorted immediately. 

Is there a way to address this stalemate? If yes, what are the alternatives available? Discuss.

Stakeholders in the case 

• Legal experts
• Technology experts
• Government and its service
• Society

Alternative 1

Ask the legal team to list down any issues involved and then ask the technical  team to come up with technical solutions within that legal domain.

Merits

• Take care of legal issue
• Resolve the stalemate 

Demerits

• Might affect the technological aspect of the project
• Might demotivate the technical team 

Alternative 2

Since this is an e-governance project, ask the technical team to give a design plan as  best as they can and then ask legal team to find a way around for any kind of legal or propriety concerns that might arise. 

Merits

• Best technology can be used in the plan

• Resolve the stalemate 

Demerits

• Might cause legal issue in future
• Might demotivate the legal team 

Alternative option that can be chosen

• Get in touch with the corporate sectors and get an insight of how such issues  are resolved or how to handle such issues, since they have more experience than the government employees in this regard.
• You can also consult seniors and ex- bureaucrats who have dealt with similar  issues in the past and ask for their opinion.
• Hold a meeting with legal team and ask them to come up with all the possible legal and propriety concerns that they can think of and those that do not have a way around.
• Hold a meeting with the technical team and ask them for their opinion and things which are considered to be very important and at no cost they can be compromised. 
• Then try to come up with a balanced solution and make them understand that they both are working for the people and it is their duty to provide the best, safe and secure system along with those which stand the test of law. 
• The Supreme Court of India in K.S. Puttaswamy Vs Union of India case has upheld the right to privacy, so any laws with affects the privacy can be declared null and void, so even the legal issues needs to be taken into consideration before stressing on technicalities involved. 
• Also consultative committees can be formed and experts’ opinion can be taken, in case there is a need for amendment to laws, then the same can be considered and forwarded to the concerned ministries.
• Also inform the team that unless a solution is found, the deadline will be breached and leads to increase in expenditure, which will not be borne by the exchequer and their payment depends on it. 
• Also any issues occurring in the future, they will be held responsible for it. 

Since both of them suffer from superiority complex and no one is willing to back down on their part, it is better to bring in a third party for mediation/consultation.  Also when it is told that their payment is linked to the deadline and problems in future will have its consequences, there can be good chances of them coming to a solution at the earliest.