AI Governance In India: A Critical Examination Of Digital Rights, Constitutional Safeguards And Legal Accountability
Anu, PhD Research Scholar, School of Law, Sushant University, Gurugram
Dr. Himadari S Dey, Assistant Professor, Sushant University, Gurugram
ABSTRACT
Artificial intelligence currently determines how individuals access information, services and decisions from institutions. The influence of this technology raises questions about how the law can hold those who control such power accountable under the constitution. In this article I investigate if the developing governance framework in India protects digital rights and offers ways to fix harm caused by artificial intelligence. It applies to a qualitative doctrinal method to examine constitutional guarantees, court decisions, laws plus official policies. To assist this analysis, the text includes a comparison of two international instruments. The discussion distinguishes between constitutional duties, laws that the state has passed but not fully started, secondary regulations and governance principles that lack binding force.
I argue that protecting privacy does not solve the problems of unfair classification, hidden decision processes, or deception. Privacy laws do not address how companies spread responsibility across long supply chains. India uses a strategy that focuses on innovation and treats different industries separately - this method is flexible, but it is only legitimate if the state provides rules for fair procedures but also ways for citizens to complain. In response, I propose a framework for constitutional accountability - this framework connects the requirement for a legal basis, the balance of interests, equal treatment and clear explanations. It also requires that a human reviews decisions and that victims receive a fix for their injuries. The specific recommendations include tests to see how important uses of technology affect society. There must be records that allow independent experts to check the system. On top of this the state must use safeguards when it buys technology. Responsibility is assigned to the party who controls risks that they can predict.
Keywords: Artificial intelligence governance; digital rights; constitutional safeguards; algorithmic accountability; informational privacy; equality; India.
