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Algorithmic Bias and The Regulatory Void: Rethinking India's Legal Framework for Artificial Intelligence Governance
Subject area: Science,Engineering and Technology · Area of research: Constitutional Challenges and Policy Reform
DOI: https://doi.org/10.64388/IREV9I11-1717917
Abstract
The integration of Artificial Intelligence into India's governance and legal infrastructure has accelerated dramatically, yet the constitutional and regulatory architecture required to contain its discriminatory potential remains embryonic. This article examines how algorithmic systems deployed in law enforcement, judicial administration, and public welfare reproduce and intensify pre-existing social inequalities, with particular consequences for marginalised communities including religious minorities, Scheduled Castes, and women. Drawing on constitutional doctrine principally Articles 14, 19, and 21 of the Constitution of India as interpreted in Justice K.S. Puttaswamy v. Union of India (2017) as well as comparative analysis of the EU AI Act, 2024, the article identifies critical doctrinal tools for contesting algorithmic bias and proposes a structured legislative and institutional framework for rights-protective AI governance in India
How to cite this paper
@article{1717917,
author = {Anam Shams},
title = {Algorithmic Bias and The Regulatory Void: Rethinking India's Legal Framework for Artificial Intelligence Governance},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {11},
pages = {3707-3715},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1717917.pdf},
abstract = {The integration of Artificial Intelligence into India's governance and legal infrastructure has accelerated dramatically, yet the constitutional and regulatory architecture required to contain its discriminatory potential remains embryonic. This article examines how algorithmic systems deployed in law enforcement, judicial administration, and public welfare reproduce and intensify pre-existing social inequalities, with particular consequences for marginalised communities including religious minorities, Scheduled Castes, and women. Drawing on constitutional doctrine principally Articles 14, 19, and 21 of the Constitution of India as interpreted in Justice K.S. Puttaswamy v. Union of India (2017) as well as comparative analysis of the EU AI Act, 2024, the article identifies critical doctrinal tools for contesting algorithmic bias and proposes a structured legislative and institutional framework for rights-protective AI governance in India},
month = {May},
doi = {https://doi.org/10.64388/IREV9I11-1717917}
}