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Regulating Artificial Intelligence in India: Balancing Innovation, Accountability, and Fundamental Rights
Subject area: Science,Engineering and Technology · Area of research: Artificial Intelligence
DOI: https://doi.org/10.64388/IREV9I10-1715947
Abstract
The rapid integration of Artificial Intelligence (AI) into governance, commerce, and public decision-making has generated significant legal and constitutional challenges. While AI enhances efficiency and innovation, it simultaneously raises concerns regarding privacy, equality, and accountability. In India, the absence of a comprehensive AI-specific legislation has resulted in a fragmented regulatory landscape, primarily dependent on data protection laws and policy guidelines lacking enforceability. This paper critically evaluates the adequacy of India’s existing legal framework in addressing AI-related harms, particularly algorithmic bias, lack of transparency, and liability issues. Through a doctrinal and comparative analysis, it examines global regulatory approaches, including the European Union’s risk-based model and the United States’ sectoral framework. The paper argues that India’s reliance on soft law mechanisms is insufficient to safeguard constitutional rights. It proposes a hybrid regulatory framework incorporating risk-based classification, mandatory audits, and enforceable transparency obligations. The study concludes that India must adopt a comprehensive and adaptive AI regulatory regime aligned with constitutional principles to balance innovation with accountability.
Keywords
Artificial Intelligence, AI Regulation, Constitutional Law, Algorithmic Bias, Data Protection, India
How to cite this paper
@article{1715947,
author = {Devkant},
title = {Regulating Artificial Intelligence in India: Balancing Innovation, Accountability, and Fundamental Rights},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {10},
pages = {320-322},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1715947.pdf},
abstract = {The rapid integration of Artificial Intelligence (AI) into governance, commerce, and public decision-making has generated significant legal and constitutional challenges. While AI enhances efficiency and innovation, it simultaneously raises concerns regarding privacy, equality, and accountability. In India, the absence of a comprehensive AI-specific legislation has resulted in a fragmented regulatory landscape, primarily dependent on data protection laws and policy guidelines lacking enforceability. This paper critically evaluates the adequacy of India’s existing legal framework in addressing AI-related harms, particularly algorithmic bias, lack of transparency, and liability issues. Through a doctrinal and comparative analysis, it examines global regulatory approaches, including the European Union’s risk-based model and the United States’ sectoral framework. The paper argues that India’s reliance on soft law mechanisms is insufficient to safeguard constitutional rights. It proposes a hybrid regulatory framework incorporating risk-based classification, mandatory audits, and enforceable transparency obligations. The study concludes that India must adopt a comprehensive and adaptive AI regulatory regime aligned with constitutional principles to balance innovation with accountability.},
keywords = {Artificial Intelligence, AI Regulation, Constitutional Law, Algorithmic Bias, Data Protection, India},
month = {April},
doi = {https://doi.org/10.64388/IREV9I10-1715947}
}