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E-Governance And Constitutional Challenges In Administrative Law: A Critical Analysis




Rahul Shettar, LLM, School of Law Christ (Deemed To Be) University, Bengaluru


ABSTRACT


India e-governance has revolutionized the way the country is offering its services by offering efficiency. Transparency, and engagement of more citizens. And this haste digitalization causes concern. constitutional and administrative issues that require a clear cut analysis. This study paper contrasts the scope of the constitutional provisions of India, (Article 14) (equality), (Article 19) (right to speak) and (Article 21) (right to life and privacy) and the existing administration laws are prepared to handle the legal, ethical and procedural challenges generated as a result of e-governance projects. The effect of the constitutional protection was found to be moderated by the research questions on the sufficiency of the constitutional protection, basic rights is a digital government on the institutional and legal loopholes, data-based problems, and mainstreaming of constitutional protection can be. The research adheres to a dogmatic and analytical research method, digital government. Its objectives are to critically review principles in the constitution that may be applied to e-governance, and to scan the adequacy of administrative law in regulating digital systems, deliberate on effects of digital exclusion to administrative. accountability and rights of citizens, and propose a normative system to encourage constitutional. compliance in e-governance. The analysis of the well-known cases, including the Justice K.S. Puttaswamy vs. Union of India (2017). The paper concludes with Shreya Singhal v Union of India (2015) and the existing academic. literature that constitutional rights are a good starting point, but the administrative. and the legal domain is unprepared to deal with an algorithmic prejudice, data privacy. violation, and internet marginalization. The paper concludes that such incorporation of the constitutional protections This is necessary in e-governance systems to make sure that there is effectiveness in technology in accordance with the basic rights of citizens, transparency, equality and, thus, create a rights-based and inclusive. digital governance system.


Keywords: Constitutional Rights, Digital Governance, Privacy, Data Protection, Algorithmic risks, E-Governance, Administrative effectiveness, Digital divide, Global, National security, and Cybersecurity Concerns.



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.

 

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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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