LIJDLR

RETHINKING CONSTITUTIONAL REMEDIES UNDER ARTICLE 32 AND ARTICLE 226 FOR GENERATIVE AI- CAUSED FUNDAMENTAL RIGHTS VIOLATIONS

Kaveri, LL.M (Constitutional law and Administrative Law), 2nd Semester, Student at Gujarat National Law University, Silvassa (India)

It can read faster, think faster, comprehend faster- “Gen- AI” clearly has reduced human effort, a little too much. Gen- AI’s rise in recent times is era defining and as it goes, everything comes with its own unique challenges. To address this, Gen-AI needs to be legislated first, properly regulated. But there needs to be (initially) a practical redressal system for Fundamental Rights Violations caused by Generative AI technology. For this, we do have Article 32 and Article 226, but not without its own grey areas. As GenAI systems, operated by corporate entities, increasingly cause reputational, discriminatory, and financial harms, the existing legal frameworks particularly the definition of ‘State’ under Article 12 and traditional writ remedies do not give a complete answer to the problem at hand. The judgement in Kaushal Kishor v. State of U.P. (2023) has established that Article 19 and Article 21 can be enforced against Private entities, but how does one build a “chain of causation” in Gen-AI fundamental rights’ violations, for aggrieved party to bring several parties into defendant/respondent side. This article posits that the Indian Constitution possesses the inherent dynamism to bridge this gap and our Judiciary can answer these challenges and bring clarity to it, via Judicial Interpretation and some Judicial Creativity. We should evaluate if private entities exercising ‘functional sovereignty’ via GenAI can be brought under an expanded Article 12 ambit. And could the courts recognise a new constitutional tort of AI-based reckless or simple negligence?

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 2710–2732.
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