Rise Of Digital Constitutionalism
- IJLLR Journal
- 4 days ago
- 1 min read
Padala Tharun Prabhakar, Damodaram Sanjivaya National Law University, Visakhapatnam
ABSTRACT
The rapid expansion of digital technology has significantly transformed communication, governance, democratic participation, and the exercise of constitutional rights. In response to these developments, the concept of digital constitutionalism has emerged to ensure that constitutional values such as freedom of speech, privacy, equality, transparency, and accountability extend into digital environments. This article examines the evolution and significance of digital constitutionalism with particular reference to Indian constitutional jurisprudence. It analyses landmark judicial decisions, including Shreya Singhal v. Union of India, Justice K.S. Puttaswamy v. Union of India, Anuradha Bhasin v. Union of India, Faheema Shirin R.K. v. State of Kerala, and Amar Jain v. Union of India, which collectively demonstrate the judiciary’s attempt to adapt constitutional protections to digital realities. The article further discusses contemporary concerns regarding surveillance, intermediary liability, algorithmic discrimination, and data governance through developments such as the Pegasus spyware controversy, the DPDP Act, X Corp v. Union of India, and the Dutch Childcare Benefits Scandal. The article concludes that digital constitutionalism is essential for ensuring that technological advancement remains compatible with democratic governance, human dignity, and fundamental rights in the digital age.
