ALGORITHMIC BIAS AND CONSTITUIONAL PROMISE OF EQUALITY: AN OVERVIEW

Abstract

Artificial intelligence (AI) is altering the domains of how the government functions, economies operate and delivers justice globally throughout the world, including India. Despite these advancements, the expanding credence on algorithmic judgment has disclosed a critical ethical and constitutional concern – algorithmic bias. Artificial intelligence systems, when proficient on the slanted data, it can make unjust opinion about certain people – this shatter the constitutional promise of equality and justice in India. While the August 2023 B20 Summit, the honorable Prime Minister Mr. Narendra Modi espouse for worldwide system to support the righteous benefit of AI. This corresponds with the preliminary step for instance Union Minister, Chandrashekhar’s 2019 scheme for algorithmic accountability, fueled by fears of fake news and irresponsible AI use on online platforms. From the perspective of the Constitution of India, algorithmic bias jeopardizes the right of equality (Article 14), expression (Article 19) and privacy (Article 21). Using insights from USA, China and EU, artificial intelligence systems have shown how technology can unintentionally magnify existing social bias, especially in hiring, policing and content moderation. The paper argues that the laws and systems in India must be made in such a way that ensures the fair and transparent use of artificial intelligence (AI). With the rapid development of technology, it must be kept into consideration that AI is also used through this approach that the constitutional values like justice, dignity and equality must be respected.