The Role of Law in Governing AI-Powered Surveillance Systems in India

JOURNAL ARTICLE

Author (s): Jyoti

Abstract: Artificial intelligence has increasingly been integrated into surveillance practices in India, reshaping how the State collects, processes, and uses personal data. This paper explores the legal and constitutional dimensions of AI-based surveillance, focusing on its compatibility with fundamental rights and democratic governance. It traces the development of surveillance laws, examines constitutional principles of privacy, equality, and proportionality, and assesses the adequacy of existing statutory frameworks. The study further analyses judicial approaches to surveillance and identifies ethical and human rights concerns, including discrimination, opacity, and constraints on civil liberties. By highlighting regulatory and institutional gaps, the paper underscores the need for a comprehensive legal framework that ensures effective oversight, transparency, and accountability in the use of AI-powered surveillance systems in India.

Keywords: Artificial Intelligence, AI-powered Surveillance, Transparency, Technological Shift.