Digital Constitutionalism In India: Constitutional Accountability In The Age Of Algorithmic Governance
- IJLLR Journal
- Jul 7
- 2 min read
Pavithra R, LL.M. (International Law and Organisation), University of Madras
ABSTRACT
The rapid expansion of digital technologies, artificial intelligence, and platform-based governance has fundamentally transformed the relationship between the State, private corporations, and citizens in India. Public administration, law enforcement, welfare distribution, electoral communication, content moderation, financial access, and digital identity verification are all becoming more and more impacted by algorithmic systems. These technologies present significant constitutional problems about privacy, equality, free speech, due process, accountability, and democratic government even as they offer efficiency, transparency, and innovation. Through the prism of constitutional responsibility in the era of algorithmic governance, this study investigates the rise of digital constitutionalism in India.
This paper examines how the Indian Constitution's guiding principles must change to control the use of digital power by the government, IT companies, and algorithmic systems. It critically assesses important court rulings, such as Justice K.S. Puttaswamy v. Union of India, Anuradha Bhasin v. Union of India and Tomosu Bruno v. State of UP and also E.P.Royappa v State of TN, as well as data protection. The study also looks into India's legal system, including the Information Technology Act of 2000, the Digital Personal Data Protection Act of 2023, and new discussions about the governance of artificial intelligence.
This research argues that traditional constitutional safeguards are insufficient in addressing opaque algorithmic decision-making and concentrated digital power. It promotes a revolutionary approach to digital constitutionalism based on democratic oversight, accountability, explainability, transparency, and proportionality. In order to maintain constitutional morality in the digital age, the study concludes that India must create a constitutional framework that can strike a balance between innovation and the protection of fundamental rights.
Keywords: Digital Constitutionalism, Algorithmic Governance, Artificial Intelligence, Fundamental Rights, Constitutional Accountability, Data Protection, Platform Governance, India.
