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Principle Of Natural Justice In Algorithmic And Automated Decision–Making




Varun J Jangali, Christ University


ABSTRACT


This study provides a fundamental tension between algorithmic, automated decision-making systems and the principles of natural justice (PNJ), with special attention focusing on the Indian constitutional context, public sector organizations all over the globe use algorithms for making decision, those which directly influence human life, e.g., health care, law enforcement, and education. The paper proposes a different constitutional hybrid accountability model grounded in Articles 14 & 21 of the Indian Constitution, this establishes a framework for reconciling technological advancement with natural justice requirements. Through comparative analysis with USA, USSR and drawing on empirical secondary data showing the Indian rapid adoption of AI, ADM systems in governance, administration and judiciary, this research contributes original frameworks, including a Hybrid PNJ and ADM Oversight Framework and a constitutional Accountability Model tailored explicitly for the Indian legal system.


Keywords: Natural Justice, Algorithmic and Automated Decision Making, Constitutional law, Administrative Law, Artificial Intelligence and Due Process.



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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Licensing: 

 

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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