JUDICIAL REVIEW OF ADMINISTRATIVE DISCRETION IN THE AGE OF ARTIFICIAL INTELLIGENCE: RE-EXAMINING WEDNESBURY UNREASONABLENESS AND PROPORTIONALITY IN INDIA

AUTHORS – CHETAN ASHKE*, NANDINI BHILALA* & SHYAMINEE SOLANKI**
* FOURTH YEAR, B.A. LL.B.
** THIRD YEAR B.S.C.LLB

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – CHETAN ASHKE, NANDINI BHILALA & SHYAMINEE SOLANKI, JUDICIAL REVIEW OF ADMINISTRATIVE DISCRETION IN THE AGE OF ARTIFICIAL INTELLIGENCE: RE-EXAMINING WEDNESBURY UNREASONABLENESS AND PROPORTIONALITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1008-1012, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The increasing deployment of artificial intelligence in governance has transformed the nature of administrative discretion. Traditional doctrines of judicial review—particularly Wednesbury unreasonableness and proportionality—were developed in an era of human decision-making. This paper examines whether these doctrines remain normatively and constitutionally adequate to regulate algorithmic governance in India. It argues that while Wednesbury irrationality embodies excessive judicial deference ill-suited for opaque algorithmic systems, proportionality—anchored in Articles 14 and 21—offers a more structured and rights-oriented framework. However, proportionality itself must be recalibrated to include transparency, explainability, auditability and human accountability. The paper proposes an “Algorithmic Reasonableness Standard” to constitutionalise digital governance and preserve the Rule of Law in the age of AI.