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Constitution Never Approved Algorithmic Governance: Why India Needs Right To Human Decision-Making
['Dr. Raghvendra Kumar Chaudhary']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Constitution of India was drafted for a state that acts through officers who apply their minds, record reasons, and can be questioned.
Algorithmic governance was never approved by the constitutional design; it has simply arrived, and the doctrine is being asked to stretch to cover it.
Constitutional doctrine built for accountable human agency confronts a process that is, by design, opaque even to its own creators.
Towards a right to human decision-makingWhat India needs, whether through judicial interpretation of Articles 14 and 21 or through legislative codification, is a right to human decision-making wherever automated or algorithmic systems materially affect life, liberty, livelihood or dignity.
Such a right would rest on modest, workable elements rather than a wholesale rejection of technology in governance.