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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.
