The Digital Dissent: AI, Algorithmic Bias, and Constitutional Guarantees

• Author(s): Rajat Srivastava; Maneesh A. Srivastava
• Paper ID: 1715742
• Page: 2641-2651
• Published Date: 30-03-2026
• Published In: Iconic Research And Engineering Journals
• Publisher: IRE Journals
• e-ISSN: 2456-8880
• Volume/Issue: Volume 9 Issue 9 March-2026

Abstract

“Technology can be a great enabler but it can also be a great threat to privacy unless we ensure that our constitutional guarantees are not rendered illusory in the digital age” – JUSTICE D.Y. CHANDRACHUD The escalating integration of Artificial Intelligence (AI) and advanced technology into governance and society poses profound, immediate threats to established constitutional rights. This research paper offers a critical analysis of the constitutional challenges arising from AI's deployment across three critical areas: Equality, Privacy, and Due Process. Regarding Equality and Non-Discrimination, the paper examines how opaque AI algorithms, often trained on biased datasets, perpetuate systemic prejudice in high-stakes decisions like judicial sentencing and resource allocation. This lack of algorithmic transparency fundamentally undermines the constitutional guarantee of equal protection, necessitating the recognition of algorithmic bias as a direct form of constitutional harm. The proliferation of AI-driven mass surveillance technologies, such as facial recognition and predictive policing, directly assaults the Right to Digital Privacy. Current constitutional safeguards, designed for an earlier technological era, prove inadequate against ubiquitous, constant data collection and analysis. The research advocates for the evolution of the right to privacy into a robust 'Right to Informational Self-Determination,' placing strict constitutional limits on state and corporate data exploitation. Finally, the paper addresses Due Process concerns stemming from autonomous, unreviewable decision-making. Ensuring a fair hearing and the Right to an Effective Remedy becomes impossible when fundamental rights are affected by AI systems whose internal reasoning is incomprehensible. Ultimately, reconciling AI's transformative power with enduring constitutional values requires proactive judicial innovation and legislative reform to establish clear, enforceable standards for technologically informed constitutional governance. This reconciliation is essential for preserving the rule of law in the digital age.

Keywords

Technology, Artificial Intelligence (AI), Constitutional Rights, Equality (or NonDiscrimination), Privacy (or Digital Privacy), Due Process, Equal Protection, Algorithmic Transparency

Citations

IRE Journals:
Rajat Srivastava, Maneesh A. Srivastava "The Digital Dissent: AI, Algorithmic Bias, and Constitutional Guarantees" Iconic Research And Engineering Journals Volume 9 Issue 9 2026 Page 2641-2651 https://doi.org/10.64388/IREV9I9-1715742

IEEE:
Rajat Srivastava, Maneesh A. Srivastava "The Digital Dissent: AI, Algorithmic Bias, and Constitutional Guarantees" Iconic Research And Engineering Journals, 9(9) https://doi.org/10.64388/IREV9I9-1715742