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Algorithmic Decision-Making and Due Process in India: A Cross-Sector Legal Analysis

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Zenodo2026-05-28 更新2026-05-29 收录
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Algorithmic and automated decision-making systems are increasingly used in India across sectors such as welfare administration, policing, finance, and employment. These systems now play a direct role in determining access to food rations, social security benefits, credit, employment opportunities, and even the intensity of police surveillance. While such technologies are often justified on grounds of efficiency, objectivity, and administrative convenience, their use has raised serious concerns when adverse decisions are made without transparency, explanation, or effective remedies. Indian constitutional and administrative law has developed strong due process standards to regulate State action affecting rights and entitlements. Articles 14 and 21 of the Constitution require that decisions be non-arbitrary, fair, and procedurally reasonable. However, these principles evolved in a context where decisions were taken by human authorities. The increasing reliance on algorithmic systems has outpaced legal adaptation, creating a situation where automated decisions escape meaningful procedural scrutiny. This research paper is therefore relevant in examining whether existing due process standards under Indian law are adequate to address the challenges posed by algorithmic decision-making across sectors.

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2026-05-28
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