ALGORITHMIC CONSTITUTIONALISM: REIMAGINING CONSTITUTIONAL MORALITY IN AN AI-DRIVEN INDIA


By- KARTIKEY MISHRA, DIVYANSH SINGH

Artificial intelligence (AI) is no longer confined to laboratories or private corporations; it is steadily shaping how states identify citizens, deliver welfare, police communities, and make administrative choices. In India, these algorithmic systems are woven into the very machinery of governance, raising questions that go to the heart of constitutional law. The Indian Constitution is not a value-neutral charter but one animated by ideals of dignity, equality, liberty, justice, and what the Supreme Court has repeatedly described as constitutional morality. Hence, the increasing deployment of AI in governance has generated a pressing constitutional question: can algorithmic systems adhere to the values of constitutional morality that underpin the Constitution itself? The tension between efficiency promised by AI and the moral commitments of the Constitution requires careful theoretical and doctrinal analysis. This paper situates India within the emerging field of algorithmic constitutionalism, which proposes that constitutional values must be embedded into technological and institutional architectures. It argues that AI systems, by themselves, cannot embody constitutional morality: they are socio-technical artefacts shaped by data, code, and institutional choices, often amplifying existing inequalities. Instead, the responsibility lies with constitutional frameworks to channel, restrain, and oversee algorithmic governance. This article advances three contributions. First, it reconceptualises constitutional morality for the algorithmic age, drawing on Indian jurisprudence from Kesavananda Bharati to K. S. Puttaswamy, and highlighting its transformative potential. Second, it analyses contemporary challenges posed by algorithmic systems to privacy, equality, and accountability in India, drawing comparative lessons from the European Union’s Artificial Intelligence Act and case studies such as the COMPAS recidivism tool in the United States. Third, it proposes an India-specific framework of algorithmic constitutionalism, combining statutory duties of transparency and auditability with institutional oversight and judicial review. By engaging constitutional morality with algorithmic governance, the paper seeks to contribute to a Global South perspective on digital constitutionalism. India, with its transformative constitutional ethos and rapidly expanding digital state, provides a unique site to reimagine the relationship between code and constitution.Keywords: Algorithmic Constitutionalism, Constitutional Morality, State, AI, Global South.

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