CONSTITUTIONAL CHALLENGES OF ARTIFICIAL INTELLIGENCE IN INDIA: BALANCING INNOVATION WITH FUNDAMENTAL RIGHTS
Sakshi Sehrawat, Advocate Practicing at Punjab and Haryana High court (India)
Artificial Intelligence (AI) has rapidly transformed governance, public administration, commerce, healthcare, education, finance, and judicial processes, presenting unprecedented opportunities for economic growth and technological advancement. However, the increasing integration of AI into decision-making systems has also generated significant constitutional concerns relating to equality, privacy, freedom of speech and expression, due process, transparency, and accountability. In India, despite the accelerated adoption of AI across both public and private sectors, the absence of a standalone comprehensive legislative framework specifically governing the development and deployment of AI raises important questions regarding the adequacy of existing constitutional, statutory, and regulatory safeguards. This article critically examines the constitutional implications of Artificial Intelligence within the Indian legal framework, with particular emphasis on Articles 14, 19, and 21 of the Constitution of India. Employing a doctrinal and comparative research methodology, the study analyses constitutional jurisprudence, recent legislative and policy developments, and emerging international regulatory models, including the European Union’s AI Act, UNESCO’s Recommendation on the Ethics of Artificial Intelligence, and the OECD AI Principles. It argues that while existing constitutional principles provide a normative foundation for protecting fundamental rights in the digital age, they require adaptation to address the unique challenges posed by algorithmic decision-making, automated governance, and AI-driven public administration. The article proposes a Constitutional AI Accountability Test (CAAT) that integrates constitutional values with principles of transparency, accountability, explainability, non-discrimination, and judicial oversight. It concludes that India should adopt a rights-based constitutional approach to AI governance that balances technological innovation with the effective protection of fundamental rights, thereby ensuring that future AI regulation remains consistent with constitutional democracy and the rule of law.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 2890–2929. |
| 🔗 Creative Commons | © Copyright |
| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |