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1717917 Vol 9 · Issue 11 Download Paper

Algorithmic Bias and The Regulatory Void: Rethinking India's Legal Framework for Artificial Intelligence Governance

Anam Shams

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

References

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[12] Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 Shreya Singhal v. Union of India, (2015) 5 SCC 1.

[13] Maneka Gandhi v. Union of India, (1978) 1 SCC 248.

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[21] Information Technology Act, 2000 (Act No. 21 of 2000).

[22] Regulation (EU) 2024/1689 (EU Artificial Intelligence Act), OJ L 2024/1689

How to cite this paper

Anam Shams "Algorithmic Bias and The Regulatory Void: Rethinking India's Legal Framework for Artificial Intelligence Governance" Iconic Research And Engineering Journals Volume 9 Issue 11 2026 Page 3707-3715 https://doi.org/10.64388/IREV9I11-1717917
Anam Shams "Algorithmic Bias and The Regulatory Void: Rethinking India's Legal Framework for Artificial Intelligence Governance" Iconic Research And Engineering Journals, vol. 9, no. 11, May. 2026, doi: https://doi.org/10.64388/IREV9I11-1717917
Anam Shams (2026). Algorithmic Bias and The Regulatory Void: Rethinking India's Legal Framework for Artificial Intelligence Governance. Iconic Research And Engineering Journals, 9(11). doi: https://doi.org/10.64388/IREV9I11-1717917
Anam Shams "Algorithmic Bias and The Regulatory Void: Rethinking India's Legal Framework for Artificial Intelligence Governance" Iconic Research And Engineering Journals, vol. 9, no. 11, May. 2026. Crossref, https://doi.org/10.64388/IREV9I11-1717917
@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}
  }