• July to September 2025 Article ID: NSS9757 Impact Factor:8.05 Cite Score:16 Download: 0 DOI: https://doi.org/ View PDf

    AI Governance and Constitutional Accountability in India: A Critical Analysis

      Rishabh Bhan Singh
        Research Scholar (Law) MLSU, Udaipur (Raj.)
      Prof. (Dr.) Anand Paliwal
        Department of Law, MLSU, Udaipur (Raj.)

Abstract:This paper examines whether India’s current and emerging artificial intelligence governance frameworks satisfy the requirements of constitutional accountability under Part III of the Constitution of India. Employing a doctrinal and comparative methodology, the paper analyses the application of Articles 14, 19, and 21 — including the doctrines of non-arbitrariness, proportionality, and procedural due process — to algorithmic decision-making by the Indian State. It argues that the Constitution, as judicially elaborated through decisions including Justice K.S. Puttaswamy v. Union of India (2017) and Anuradha Bhasin v. Union of India (2020), provides a substantially adequate normative framework for governing AI, but that the existing regulatory architecture — comprising the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and non-binding policy instruments — is structurally inadequate to operationalise that framework. Drawing on comparative analysis of the European Union’s AI Act and the United States’ sectoral approach, the paper proposes constitutionally grounded reforms including comprehensive AI legislation, mandatory algorithmic impact assessments, an independent regulatory authority, and the judicial recognition of a constitutional right to explanation for consequential algorithmic decisions.