India’s judiciary is rapidly embracing technology to modernize its operations. The Supreme Court of India’s eCommittee has been driving initiatives like eCourts, eFiling, and the adoption of eSigning to enhance judicial efficiency. In this significant stride towards digital transformation, news about the Kerala High Court’s adoption of eSigning for signing vakalaths and affidavits is coming in.

Platforms like SignDesk eSign solutions can accelerate this transformation as the judiciary embraces such innovations. Let’s learn about the Kerala HC verdict on e-signs and how SignDesk can help courts and legal practitioners streamline operations and align with India’s evolving legal system’s digital-first approach. 

What exactly does Kerala HC say?

The Kerala HC’s new amendments simplify legal processes by ensuring digital documents hold the same validity and authentication as traditional paper documents. These are as follows:

<eSign Kerala Amendment.pdf>

Affidavits: Rule 77 Amendment

Under the revised Rule 77 of the Kerala Civil Rules of Practice, affidavits in electronic form are now permissible if they meet the following conditions:

  • The affidavit must be signed using a valid electronic signature.
  • The deponent’s identity must be verified, and the validity of the electronic signature used must be confirmed.
  • The affidavit must adhere to the prescribed format, as outlined in Form No. 4A.(Page 5 of the above PDF)
  • Authentication through the above process will confirm the deponent’s identity, eliminating the need for additional procedural requirements under Rule 79.

Vakalaths: Rule 19 Amendment

For Vakalaths, a new sub-rule (7) has been added to Rule 19. This provision recognizes Vakalaths in electronic form, provided the following conditions are met:

  • The party executing the Vakalath must use a valid electronic signature.
  • The advocate(s) accepting the Vakalath must also apply their electronic signature to confirm the identity and validity of the party’s electronic signature.
  • The Vakalath must follow the prescribed format, as stated in Form No. 1B (Page 4 of the above PDF), unless otherwise permitted by the Court.

Key Highlights of the Initiative

  • eSigning Vakalaths and Affidavits: Lawyers and litigants can now electronically sign Vakalaths and affidavits, reducing delays caused by manual processes.
  • Paperless Documentation: The Kerala High Court aims to promote eco-friendly practices while enhancing operational efficiency by replacing traditional paperwork with digital formats.
  • Secure and Legally Compliant: Digital signatures provide a safe way to validate documents and ensure compliance with the Information Technology Act of 2000.

This change empowers advocates and litigants to digitally execute and accept Vakalaths and affidavits. The next step in digitizing judicial documents is to choose a platform to streamline processes and reduce the need for physical documentation.

How does SignDesk Aadhaar eSign Help?

Here’s how SignDesk Aadhaar eSign enhances the eSigning experience:

  1. Seamless Integration 

SignDesk’s eSign platform integrates smoothly with existing legal systems and workflows, ensuring:

  • Minimal disruption during implementation.
  • Compatibility with legal documentation formats and case management systems.
  • Streamlined processes for courts and practitioners to transition effortlessly from manual to digital signing.
  1. High Compliance Standards

Compliance is key in legal processes. SignDesk adheres to:

  • The Information Technology Act of 2000 ensures legal validity for eSigned documents.
  • India’s Aadhaar-based eSign framework offers a secure and legally recognized signing method.

This ensures that all digitally signed documents meet strict regulatory and legal standards.

  1. User-Friendly Interface

SignDesk’s intuitive design makes digital signing easy for everyone:

  • The platform offers simplified tools for Lawyers to prepare, send, and sign legal documents without technical complexity.
  • For litigants, there’s step-by-step guidance for digitally signing documents, even for first-time users.
  • For Judicial Staff, user-friendly dashboards to manage large volumes of documents seamlessly.
  1. Multilingual Signing

Legal processes in India are often conducted in multiple languages. SignDesk supports:

  • Localized Templates that are configurable in regional languages to ensure inclusivity.
  • Signers can choose their preferred language, making digital signing accessible to a diverse audience.
  1. Geofencing for Signer Location Control

SignDesk uses geofencing to add an extra layer of security:

  • Geofencing creates a virtual geographic boundary, ensuring that documents are signed only within a designated area.
  • It is ideal for court-mandated signings that require strict location controls.
  1. Liveness Check for Enhanced Security

During the eSigning process, liveness checks verify that the signer is physically present:

  • It uses live image capture to confirm the signer’s presence in real-time.
  • It prevents fraudulent signing by ensuring the intended individual can complete the process.
  1. Ai-Powered Face Match Verification

AI facial recognition ensures the signer’s identity by:

  • Matching their live image with a reference photo, such as their Aadhaar or ID card.
  • Allowing access only when the match meets predefined accuracy thresholds.
  1. Group Signing for Collaborative Execution

In cases where multiple signers are required to sign any Vakalath or affidavit:

  • SignDesk allows you to designate mandatory signers within a group.
  • Document execution is completed only after all designated signers have signed, ensuring full compliance.
  1. Reviewer Flow for Pre-Signature Verification

Before documents are signed, they can be reviewed and approved by designated individuals:

  • Reviewers ensure the document content is accurate and complete.
  • Enhances the integrity and reliability of the final signed document.

Why SignDesk’s eSign Solutions Stand Out?

  • Automation and Efficiency: Simplifies repetitive tasks, saving time for legal professionals.
  • End-to-End Workflow Support: Every step is covered in one platform, from creation to signing.
  • Inclusivity: Multilingual support and user-friendly tools make digital signing accessible for all.
  • Compliance and Security: High standards ensure documents are legally binding and secure.

How do I get started with Aadhaar eSigning all my Vakalaths and Affidavits?

Getting started with Aadhaar eSign through SignDesk is a straightforward process that streamlines the signing of legal documents such as Vakalaths and affidavits. Here’s a step-by-step guide:

Step 1: Register with SignDesk

  • Sign Up: Visit SignDesk’s website and sign up for an account.
  • Choose a Plan: Select a plan that suits your legal practice requirements for individual or firm-wide use.
  • Complete Verification: Provide the necessary details for account verification, including organization details if applicable.

Step 2: Upload Your Documents

  • Prepare the Files: Ensure your vakalaths and affidavits are in digital formats like PDF or Word.
  • Upload to SignDesk Platform: Log in to your SignDesk account and upload the documents you wish to eSign.

Step 3: Authenticate Signers

  • Initiate Aadhaar eSign: Select the Aadhaar eSign option for the uploaded document.
  • Input Aadhaar Details: Enter the signers’ Aadhaar numbers, ensuring their registered mobile numbers are linked to the Aadhaar.
  • OTP-Based Authentication: To verify their identity, the signer will receive a One-Time Password (OTP) on their Aadhaar-linked mobile number.

Step 4: Sign the Documents

  • Complete the Process: Once authenticated, the document is signed digitally using the Aadhaar-based eSign mechanism.
  • Multiple Signers: SignDesk’s platform facilitates sequential or parallel signing workflows for documents requiring signatures from various parties.

Step 5: Download and Share Signed Documents

  • Secure Storage: Signed documents are securely stored in SignDesk’s platform, ensuring easy retrieval and tamper-proof records.
  • Download or Share: The platform lets you download the signed documents for filing or directly share them with courts, clients, or other stakeholders.

Benefits of SignDesk’s eSign Solution for Legal Professionals

By adopting SignDesk’s eSign solution, legal professionals can take advantage of the

1. Time-Saving

  • The Aadhaar eSign process is fast and efficient, drastically reducing the time spent on physical document handling, printing, and couriering.
  • Legal professionals can sign, share, and file documents with just a few clicks, freeing time for more strategic tasks.

2. Secure Document Management

  • Signed documents and complete audit trails are securely stored on the SignDesk platform.
  • This ensures easy tracking and retrieval of documents when needed, improving overall case management efficiency.

3. Affordable Solution

  • SignDesk’s eSign solution is cost-effective. Its minimal per-signature fee fits the budgets of independent lawyers and large legal teams.
  • Any unused eSign credits are automatically refunded to the user’s wallet, ensuring no financial wastage.

Conclusion

The Kerala High Court’s decision to embrace digital signatures for eSigning vakalaths and affidavits is a monumental step toward a more efficient and accessible judiciary. As courts adopt digital tools, platforms like SignDesk can further enhance the legal ecosystem by offering secure, compliant, and user-friendly eSign solutions.