DIGITAL CONSTITUTIONALISM AND JUDICIAL REVIEW IN INDIA: EXAMINING ACCOUNTABILITY IN THE AGE OF ALGORITHMIC GOVERNANCE
AUTHOR – DR. LOKANATH SUAR, H.O.D. LLM DEPARTMENT, G.M. LAW COLLEGE, SRI VIHAR, PURI
BEST CITATION – DR. LOKANATH SUAR, DIGITAL CONSTITUTIONALISM AND JUDICIAL REVIEW IN INDIA: EXAMINING ACCOUNTABILITY IN THE AGE OF ALGORITHMIC GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 125-130, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I1014
ABSTRACT
The incorporation of digitalisation into judicial review is changing the fundamental tenets of our Indian Constitution in the context of contemporary government. Beyond procedural savings, the impact of digitalisation on judicial review include issues like algorithmic bias, privacy concerns, and access to justice. The rapid advancement of technology was not anticipated by the constitution, which was drafted in the middle of the 20th century. Because of this, it might not fully address new digital concerns like artificial intelligence, the complexities of data usage and protection in the digital realm, and digital sovereignty. The 75th anniversary of our independence is a call to action as much as a time for celebration. Any legislation that is passed against the will’s mandate is null and void to the extent that it contravenes Art. 13(1) of the Indian Constitution. Significant advancements in the administration of justice have resulted from the integration of digital technology into the legal system, which has expanded the new era of rule of law and reformed the conventional judicial system. Social media sites now play a crucial role in influencing public opinion. Problems with content moderation, hate speech, disinformation, inciting violence, and discrimination have arisen as a result of the platform. The Indian Constitution’s Articles 21 and 19, as well as other articles, are dealing with new issues pertaining to establishing laws and policies for the country and its citizens. These digital issues include misinformation, online harassment, content moderation, misuse of AI, and more. to lessen the many difficulties. We need to improve our skills and knowledge across the board.
Keywords: Digitalisation, Judicial Review, Algorithmic Bias, Artificial Intelligence, Rule of Law, Freedom of Speech &Expression, Right to Life &Liberty, Digital sovereignty, Digital space.