Abstract
The increasing deployment of artificial intelligence (AI) by the Indian State marks a significant transformation in the manner in which public power is exercised. AI-driven systems are now employed across diverse domains including law enforcement, surveillance, welfare administration, regulatory governance, and judicial management. While these technologies promise efficiency, consistency, and scalability, their integration into state decision-making processes raises serious constitutional concerns. One of the most pressing among these concerns is the compatibility of artificial intelligence with the constitutional guarantee of due process.
Although the Indian Constitution does not explicitly incorporate the phrase “due process of law,” the Supreme Court has, through expansive judicial interpretation, firmly embedded substantive and procedural due process within Articles 14 and 21. This paper critically examines the relationship between artificial intelligence and due process under the Indian constitutional framework. It argues that algorithmic opacity, automation, embedded bias, and the dilution of accountability pose grave challenges to the principles of fairness, transparency, reasonableness, and non-arbitrariness that lie at the heart of Indian constitutionalism. Drawing upon constitutional jurisprudence, contemporary governance practices in India, and comparative regulatory developments, the paper contends that the unregulated use of artificial intelligence by the State risks undermining fundamental rights and weakening the rule of law. It concludes by advocating a constitution-centric regulatory framework that ensures artificial intelligence strengthens democratic governance rather than eroding constitutional responsibility.