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Artificial Intelligence And The Law: Regulatory Challenges And The Need For A Rights-Based Framework In India




Preeti Singh, Assistant Professor, City Academy Law College


ABSTRACT


Artificial Intelligence (AI) has emerged as one of the most influential technological developments shaping contemporary governance, administration, and legal processes. In India, public authorities increasingly rely on AI-driven tools in domains such as policing, surveillance, welfare distribution, biometric identification, taxation, and judicial administration. These technologies are often justified on grounds of efficiency, accuracy, and objectivity. However, their rapid adoption without a dedicated regulatory framework raises serious constitutional, legal, and ethical concerns.


AI-based systems frequently operate through opaque algorithms, making it difficult for affected individuals to understand how decisions are reached. Issues such as algorithmic bias, lack of transparency, absence of explainability, excessive data processing, and weak accountability mechanisms pose direct threats to fundamental rights guaranteed under the Constitution of India. In particular, automated decision-making has significant implications for the right to equality under Article 14 and the right to life and personal liberty under Article 21.


This paper undertakes a doctrinal and analytical examination of Artificial Intelligence within the Indian legal framework. It analyses constitutional principles, judicial interpretations, statutory provisions, and policy initiatives relevant to AI governance in India. The paper identifies gaps in existing laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, in addressing AI-specific risks. It ultimately argues for the adoption of a comprehensive, rights-based regulatory framework that ensures transparency, accountability, and human oversight, while permitting technological innovation in conformity with constitutional values and the rule of law.


Keywords: Artificial Intelligence, Constitutional Law, Fundamental Rights, Algorithmic Governance, Due Process, Technology Regulation.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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