AI, Privacy, And Justice: The Constitutional Challenges Of Regulating AI In India

Mr. Aayush Bhardwaj, PGDIPR, National Law School of India University, Bangalore

Ms. Heena Parveen, Assistant Professor, GD Goenka University, Gurugram (Haryana)

ABSTRACT

The rapid integration of artificial intelligence (AI) technologies in India has led to transformative advancements across sectors such as law enforcement, governance, and public administration. While AI holds the promise of enhanced efficiency and improved public services, its application raises profound constitutional concerns, particularly regarding the protection of individual rights enshrined in the Indian Constitution. The Supreme Court’s landmark ruling in Justice K.S. Puttaswamy v. Union of India1 firmly established the right to privacy as a fundamental right under Article 21, emphasizing the need to safeguard personal freedoms in an era of heightened state surveillance and extensive data collection associated with AI applications. There remains an absence of comprehensive legislation specifically tailored to AI, particularly in relation to privacy and data protection in highly sensitive areas, such as policing and crime prediction. While the Digital Personal Data Protection (DPDP) Act of 2023 represents a significant legislative step towards regulating data handling practices and bolstering privacy protections, it falls short of encompassing the nuanced risks inherent in AI’s deployment. The DPDP Act addresses data usage but does not sufficiently account for the ethical and privacy implications of predictive policing and automated decision-making that may affect procedural fairness and individual rights. This academic trajectory critically examines the intersection of AI, privacy, and justice within the Indian context, underscoring the urgent need for a comprehensive regulatory framework.

Keywords: Artificial Intelligence in India, Fundamental Rights, Privacy Law, AI Regulation, Judiciary