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Algorithmic Policing and Constitutional Justice in India: A Socio-Legal Examination of Emerging Jurisprudence
1  School of Management Studies, Indira Gandhi National Open University, New Delhi, 110086, India
2  Department of Applied Sciences, Indian Institute of Information Technology Allahabad, Prayagraj, India.
Academic Editor: James Finckenauer

Abstract:

The increasing adoption of algorithmic and data-driven technologies by law enforcement agencies is reshaping the contours of justice and accountability in India. This paper investigates the intersection of artificial intelligence, predictive policing, and constitutional morality, focusing on how automation in surveillance and crime prevention interacts with fundamental rights under the Indian Constitution. Drawing from landmark judgments such as K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 and People’s Union for Civil Liberties v. Union of India (1997) 1 SCC 301, this study critically examines privacy, proportionality, and due process as evolving principles of digital-age jurisprudence. Through doctrinal and comparative analysis, it evaluates the risks of bias, opacity, and overreach in predictive policing systems, particularly in contexts involving marginalized and minority populations. This paper situates India’s experience within global debates on AI governance, digital constitutionalism, and human rights, highlighting the challenges of embedding ethics and transparency within technologically mediated state functions. It concludes by proposing a policy framework rooted in constitutional accountability, algorithmic explainability, and human oversight, ensuring that the modernization of law enforcement does not erode the democratic promise of justice. This work underscores that true technological progress in policing must remain subordinate to constitutional ideals of liberty, equality, and dignity. It further calls for capacity-building and judicial training to ensure that the legal system evolves in tandem with emerging technologies and ethical standards.

Keywords: Algorithmic justice; predictive policing; constitutional law; AI ethics; Indian judiciary; AI governance; human rights

 
 
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