AI, BIAS, AND THE CONSTITUTION: A JURISPRUDENTIAL ANALYSIS OF ALGORITHMIC INEQUALITY UNDER ARTICLE 14

AUTHOR – AYUSHI SHREYA, BBA LLB(HONS.), SCHOOL OF LAW, BENNETT UNIVERSITY, GREATER NOIDA, UTTAR PRADESH

BEST CITATION – AYUSHI SHREYA, AI, BIAS, AND THE CONSTITUTION: A JURISPRUDENTIAL ANALYSIS OF ALGORITHMIC INEQUALITY UNDER ARTICLE 14, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 872-879, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The paper discusses concerns of increasing algorithmic discrimination in the context of the constitutional body of India, with implications to Article 14 (Right to Equality). Although purportedly neutral, input data for AI decision systems often carry structural biases and, due to the limited accountability of their algorithms and processes, exacerbate their effects. The central research question is: How does algorithmic inequality violate constitutional guarantees of equality and non-discrimination under Article 14, and what jurisprudential reforms are necessary to ameliorate this gap?

The qualitative study works with doctrinal analysis of constitutional principles, case law on equality and discrimination, together with interdisciplinary insights from AI ethics and critical data studies. The key arguments are:

• Constitutional violation through bias in AI: Algorithmic discrimination undermines substantive equality by codifying historical prejudices (working through caste, gender, or socioeconomic bias in hiring, policing, or welfare systems).
• Opacity vs. Judicial Scrutiny: The fact that AI is a “black box” conflicts with Article 14’s requirement of non-arbitrariness and procedural fairness.
• Remedial Gaps: Current legal frameworks lack pertinent avenues to audit AI systems and to hold developers accountable for discriminatory outcomes.

The recommendations on algorithmic accountability include transparency requirements, bias-testing criteria, and a recognition by the courts of “algorithmic discrimination” as a separate constitutional wrong. The paper proposes for a rights-based AI governance system grounded upon India’s principles of egalitarian jurisprudence.

Keywords: Artificial Intelligence, Algorithmic Discrimination, Article 14, Constitutional Law, Bias, Equality, Jurisprudence.