The Expanding Scope Of Article 21: A Critical Analysis Of The Right To Privacy, Digital Freedoms And Constitutional Challenges Posed By Large Language Models (LLMs) In India
- IJLLR Journal
- Sep 2
- 1 min read
Jyotishman Thakuria, B.A. LL.B. (Hons.) NEF Law College, University of Gauhati, Guwahati
ABSTRACT
Article 21 of the Indian Constitution has never been static. It has evolved from a narrow procedural safeguard into one of the most powerful sources of substantive rights in Indian constitutional law. In the age of Artificial Intelligence (AI), particularly Large Language Models (LLMs) like ChatGPT, Claude, Gemini, Mistral, and DeepSeek, this evolution faces its most formidable constitutional test. These AI systems, trained on vast datasets often scraped without consent, directly challenge the right to informational privacy, digital freedoms, and human dignity, values that Article 21 is designed to protect.
This paper takes the position that existing jurisprudence, while flexible, is unprepared for the unique risks of generative AI. By examining landmark privacy judgments, the provisions of the Digital Personal Data Protection Act, 2023, and contrasting them with the European Union’s AI regulatory approach, this paper argues that India’s existing framework remains largely reactive, fragmented, and susceptible to excessive state intervention. The paper argues for a rights-based, anticipatory approach, one that embeds transparency, consent, and accountability into the very design and governance of LLMs. In doing so, the research bridges the gap between constitutional law and emerging technology, offering a pathway for India to craft a future-ready, rights-respecting AI governance model. Without such measures, Article 21 risks becoming a constitutional promise that technology can outpace and erode.
Keywords: Article 21; Right to Privacy; Digital Freedoms; Artificial Intelligence; Large Language Models; Generative AI; Data Protection; Constitutional Law; EU AI Act; DPDPA.
