Justice In The Age Of Algorithms: A Constitutional Analysis Of AI Governance
- IJLLR Journal
- Jul 2
- 1 min read
Shradha Shankar, B.B.A. LL.B. (Hons.), Symbiosis Law School, Pune
ABSTRACT
The rising application of Artificial Intelligence (AI) in governance by the State has resulted in a paradigm shift in the nature of the decision-making mechanisms in India. Even though the application of Artificial Intelligence has the potential to generate optimal results in decision-making with speed and objectivity, there is a significant constitutional issue surrounding the application of Artificial Intelligence in decision-making in India. This research undertakes a comprehensive constitutional analysis of AI-based decision-making by the State, examining its compatibility with core constitutional guarantees under Articles 14, 19, and 21, along with the evolving right to privacy. Through a doctrinal research methodology, the paper analyses how opacity, algorithmic bias, lack of explainability, and inadequate accountability mechanisms undermine constitutional values of fairness, reasonableness, and proportionality. The study further explores the State’s constitutional responsibility in regulating both public and private uses of AI that have a direct impact on fundamental rights. The paper argues that, in the absence of a rights-based regulatory framework, the unregulated adoption of AI risks institutionalising digital arbitrariness and inequality. It concludes by proposing constitutional and policy-oriented reforms aimed at ensuring that AI functions as a tool of governance consistent with constitutional supremacy, rather than as an unchecked substitute for human judgment. Keywords: Artificial Intelligence, Algorithmic Governance, Fundamental Rights, Indian Constitution, Equality and Non Arbitrariness, Due Procedure, Equality Before Law.
