Code, Constitution and AI: Rethinking Fundamental Rights in the Algorithmic Era

The emergence of Artificial Intelligence (AI) brings unprecedented challenges and opportunities for constitutional democracies, especially in a diverse and rights-centric society like India. This paper interrogates the evolving relationship between AI technologies and the Indian Constitution, focusing on the foundational guarantees of equality, liberty, and dignity enshrined in Articles 14, 19, and 21. Through a critical analysis of landmark judgments of the Supreme Court of India, doctrinal legal review, and comparative insights from the European Union and the United Kingdom, this study assesses the readiness of India’s constitutional framework to accommodate new-age rights such as data privacy, algorithmic transparency, digital expression and the right to be forgotten. The current legal regime, anchored in the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, is still fragmented and insufficient to adequately address AI-specific risks. The article highlights that there is a pressing need for judicial reinterpretation and legislative innovation so that AI serves, rather than undermines, the ideals of justice, fairness, and accountability. By advocating a rights-based approach to AI governance, this research positions India not only to safeguard its citizens in the algorithmic era but also to set a normative example for the Global South. Finally, the paper proposes pathways to harmonize technological advancement with constitutional values, while ensuring that the march of algorithms remains anchored in human dignity and strengthened by democratic oversight.