Algorithmic Governance and Article 14: A Constitutional Examination of Automated Decision-Making in India

ABSTRACT

The growing popularity of algorithmic and automated decision-making (ADM) system in government poses both an opportunity for a reform and a serious threat to the Constitution of India. ADM has the potential to improve efficiency, accuracy, and scalability in any aspect of governance, including welfare distribution, policing, and financial regulation; yet, it also introduces issues such as confusion, arbitrariness, and centralized bias. In a country like India, where governmental acts are judged on the basis of non-arbitrariness, as required by Article 14 of the Constitution of India- equality before the law and non-arbitrary action- the use of ADM requires a constitutional scrutiny. This paper argues that ADM, if unregulated, could have an effect of creating classifications that ultimately cannot satisfy intelligible differentia and a rational nexus, or decisions that reflect “manifest arbitrariness.” Based on its review of the constitutional case law from E.P. Royappa3 to Shayara Bano4, and through a global context of algorithmic accountability; this paper explores whether ADM is compatible with constitutional guarantees. This paper’s analysis frames ADM5 within the wider principles of natural justice, transparency and accountability; and it proposes a framework for judicial and legislative advice. Ultimately, this paper argues that Article 14 is capable of governing algorithmic state action, and may further develop in doing so, while emphasizing the constitution’s resilience through equality in the digital age.