Artificial Intelligence, Digital Surveillance and Citizen Rights in Indian Democracy

Abstract

The convergence of artificial intelligence and digital surveillance technologies with the machinery of the state has created one of the most consequential legal and constitutional challenges facing contemporary Indian democracy. From facial recognition deployment by police forces to allegations of spyware use against journalists and activists, the expanding capacity of the state to monitor, profile, and predict citizen behaviour tests the boundaries of constitutionally guaranteed rights to privacy, free expression, and equality. This paper examines the evolving legal and institutional framework governing artificial intelligence and digital surveillance in India, tracing its foundations through the Supreme Court's privacy jurisprudence in People's Union for Civil Liberties v. Union of India and Justice K.S. Puttaswamy v. Union of India, the ongoing judicial scrutiny of state surveillance practices in the Pegasus litigation, and recent regulatory developments including the Digital Personal Data Protection Act, 2023, and the India AI Governance Guidelines, 2025. The paper argues that while India possesses a constitutionally grounded doctrine of privacy and proportionality, the governance of artificial-intelligence-enabled surveillance remains largely dependent on voluntary, non-binding instruments, leaving significant gaps in accountability, transparency privacy, and citizen redress