SOVEREIGNTY AND RIGHTS: CHALLENGES OF DIGITAL CONSTITUTIONALISM FOR INDIA IN THE AGE OF GLOBAL INTERNET GOVERNANCE, WITH COMPARATIVE INSIGHTS FROM FRANCE
Rushikesh Suresh Belagali, Student of LLM (IP) At Amity Law school, Amity University, Noida, Uttar Pradesh (India)
The conflict between constitutional rights and national sovereignty has escalated due to the rise of global internet governance, posing serious concerns for India’s digital future. Transnational platforms, data flows, and algorithmic regulation present issues for India’s constitutional structure, which is based on democratic principles. On the one hand, the state uses policies like data localization, platform responsibility, and content restriction to try and establish digital sovereignty. On the other hand, it is required by the constitution to defend fundamental rights like equality, free speech, and privacy in a digital world that is becoming more and more influenced by private actors and international norms. This dual goal highlights the vulnerability of India’s digital constitutionalism, where rights-based strategies seem to undermine state authority while sovereignty-driven policies run the risk of restricting rights. A comparative perspective on France provides insightful information. The European Union’s French constitutional tradition serves as an example of how supranational government and rights protection can coexist. France strikes a balance between national authority and the enforcement of collective rights through independent regulators, constitutional courts, and EU-level structures. This comparison highlights the need for institutional innovation in India. In order to achieve a hybrid paradigm of digital constitutionalism, the study contends that India must transcend the dichotomy of sovereignty vs rights. A model like this would safeguard cultural and political sovereignty, uphold democratic principles online, and position India as a global leader in fair, rights‑based internet governance. The increasing complexity of global digital governance demands that India navigate both international pressures and domestic constitutional guarantees. As global internet frameworks continue to evolve, India’s digital constitutionalism faces a critical crossroad: balancing national interests with global standards. India’s approach must embrace technological innovation while ensuring fundamental rights are not compromised in the pursuit of sovereignty. The challenge lies in crafting policies that respect both state autonomy and the protection of individual freedoms in an interconnected world.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 814–846. |
| 🔗 Creative Commons | © Copyright |
| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2025. All rights reserved. |