LAW IN THE AGE OF ARTIFICIAL INTELLIGENCE: A FUNDAMENTAL PERSPECTIVE
Sanjay Anjana Damodare, 3rd Semester, Criminal Law & Criminal Administration Student at Kes’ Shri. Jayantilal H.Patel LawCollege (India)
Artificial Intelligence (AI) is increasingly being adopted in India across sectors such as governance, law enforcement, welfare administration, and the justice delivery system. While AI offers efficiency and improved decision-making, its growing use raises serious concerns regarding the protection of human rights in the Indian context. This paper examines the impact of AI technologies on fundamental rights guaranteed under the Constitution of India, particularly the rights to equality, freedom, privacy, and life and personal liberty under Articles 14, 19, and 21. The study focuses on the use of AI-driven tools such as facial recognition systems, predictive policing, biometric identification, and automated decision-making in public administration. It highlights the risks of algorithmic bias, lack of transparency, mass surveillance, and exclusion of vulnerable and marginalised groups. The research adopts a doctrinal and analytical methodology, relying on constitutional provisions, judicial precedents, policy documents, and international human rights standards to assess AI-related rights implications. These concerns are analysed in light of Indian constitutional jurisprudence, with specific reference to the Supreme Court’s decision in Retired Justice K.S. Puttaswamy v. Union of India, which recognised the right to privacy as a fundamental right and developed the proportionality framework for evaluating State action affecting privacy. The paper also examines India’s emerging legal and policy framework, including the Digital Personal Data Protection Act, 2023, and governmental initiatives on responsible AI. It argues that existing safeguards remain inadequate to fully address the human rights challenges posed by AI technologies. The paper concludes by emphasising the need for a human right–based regulatory framework that incorporates principles of transparency, accountability, proportionality, and human oversight, ensuring that the use of AI in India aligns with constitutional values and democratic governance.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 291–308. |
| 🔗 Creative Commons | © Copyright |
| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |