Regulating Artificial Intelligence in India: Need for a Rights-Based Legal Framework

Abstract

The rapid proliferation of artificial intelligence (AI) technologies in India presents unprecedented challenges to constitutional rights and individual freedoms. While India has emerged as a significant player in AI development and deployment, the absence of a comprehensive legal framework leaves fundamental rights vulnerable to algorithmic decision-making systems. This paper examines the urgent need for a rights-based regulatory framework for AI in India, analyzing the inadequacies of existing legal mechanisms and proposing a constitutional approach grounded in the protection of fundamental rights. Drawing upon comparative analysis of regulatory models from the European Union and recent jurisprudential developments in India, this paper argues that AI regulation must prioritize human dignity, equality, and privacy as foundational principles. The proposed framework advocates for transparent algorithmic accountability, mandatory impact assessments, and enforceable rights of explanation and contestation, ensuring that technological advancement does not compromise constitutional guarantees.