Source: SSRN

SSRN hosts a legal research paper arguing that the regulation of artificial intelligence in India is not only necessary but constitutionally mandated. Authored by Arindrajit Basu, the paper outlines how unchecked AI deployment risks violating fundamental rights protected under the Indian Constitution, particularly the rights to privacy, equality, and due process. The author critiques India’s lack of a dedicated AI regulatory framework and suggests that the current piecemeal legislative approach is insufficient for the complexity and risks associated with advanced AI systems.

The paper recommends integrating constitutional principles into any future regulatory framework and emphasizes the need for a rights-based, precautionary, and accountable governance model. The judiciary, according to the author, must play a proactive role in interpreting existing laws to apply them to novel AI scenarios. Additionally, the piece explores the comparative legal landscape, noting how other democracies have initiated constitutional debates around AI.

The conclusion highlights the urgency for India to adopt a national AI strategy rooted in constitutional values to safeguard democratic integrity.