Automated State Action in India: Administrative Justice, Privacy and Constitutional Accountability

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Abstract

This paper examines how principles of administrative justice in India can be adapted to ensure constitutional accountability in the use of algorithmic decision-making (ADM) by public authorities. The study is motivated by growing reliance on automated systems in governance and the accompanying risks of opacity, exclusion, and rights violations. The central research question asks: How can doctrines and institutions of administrative law safeguard accountability when state functions are delegated to algorithms? To address this, the paper adopts a doctrinal approach rooted in Indian constitutional principles of legality, non-arbitrariness, due process, and privacy, complemented by comparative insights from the European Union, the United Kingdom, and the United States. Three Indian case contexts are analysed: Aadhaar-linked welfare delivery (DBT), predictive policing systems, and automated facial recognition technologies. The analysis reveals persistent gaps in transparency, contestability, and oversight, highlighting tensions between ensuring accountability and protecting privacy rights. The paper proposes a framework that integrates statutory algorithmic impact assessments, independent oversight bodies, and judicial innovations, such as protective disclosure mechanisms. These findings underscore the urgent need for regulatory and institutional reforms to align ADM practices with constitutional values, ensuring that technological adoption strengthens rather than undermines administrative justice in India.

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