Sovereignty In The Digital Realm: India’s Legal Framework On Cyber-Deterrence, Artificial Intelligence Governance, And International Law
Mohammad Iqbal Mohammad Kamil Dalal, Haveli Institute of Legal Studies and Research
ABSTRACT
This research paper critically evaluates the legal, strategic, and normative architecture governing India’s digital sovereignty amid rapidly escalating cyber warfare and autonomous artificial intelligence (AI) integration. As the global security paradigm shifts from physical borders to domain-agnostic cyber operations, traditional public international law norms specifically state sovereignty, non intervention under Article 2(4) of the UN Charter, and the law of armed conflict (jus ad bellum and jus in bello) face severe stress. Operating at the intersection of domestic constitutional imperatives and international jurisprudence, India navigates a complex multi-alignment posture. This paper examines India’s domestic legislative landscape, including the Information Technology Act 2000, the Digital Personal Data Protection Act 2023, and emerging AI governance directives, against international standards such as the Tallinn Manual 2.0 and UN GGE norms. Through a doctrinal and comparative legal methodology, the study analyzes India’s counter-offensive cyber posture, state responsibility under customary international law, and algorithmic governance challenges. It identifies institutional gaps in cross-border attribution, civilian data protection during hybrid conflicts, and autonomous weapon targeting. Finally, the paper offers concrete legal and diplomatic recommendations to strengthen India’s cyber- deterrence operationality while safeguarding global digital peace and human rights.
Keywords: Digital Sovereignty, Cyber-Deterrence, Artificial Intelligence, Public International Law, State Responsibility.
