Published: 5 December 2025Governance
Digital Constitutionalism Debate: Privacy, Surveillance and Algorithmic Bias in India
Experts highlighted the growing importance of Digital Constitutionalism — applying constitutional principles of liberty, privacy, and equality to digital spaces. The concept gained prominence after the 2017 Puttaswamy judgment (Right to Privacy as a fundamental right) and the EU's GDPR (2018).
Key challenges in India include unchecked surveillance under the IT Act 2000 and Telegraph Act, weak consent mechanisms, algorithmic bias in AI systems, and limited data protection enforcement. India's Digital Personal Data Protection (DPDP) Act 2023 addresses some concerns but lacks provisions for a modern surveillance law and algorithmic regulation. Proposed solutions include establishing a Digital Rights Commission and mandatory algorithm audits for public-facing AI.
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What joint certificate programme was launched with the NLU Jodhpur InfoSec Chair?
Explanation · Correct answer BThe joint Certificate Programme in Cyber-Led Forensic Investigation and Diligence (CLFID) was launched.
Frequently asked questions
What is **Digital Constitutionalism Debate** and what is its significance for India?
Experts highlighted the growing importance of Digital Constitutionalism — applying constitutional principles of liberty, privacy, and equality to digital spaces. The concept gained prominence after the 2017 Puttaswamy judgment (Right to Privacy as a fundamental right) and the EU's GDPR (2018). Key challenges in India include unchecked surveillance
Which organization released **Digital Constitutionalism Debate** and when did it take effect?
The concept was not released by a single organisation. In the article's context, it gained prominence after the 2017 Puttaswamy privacy judgment in India and the EU's GDPR, which has applied from 25 May 2018.
What new technologies or applications are addressed under **Digital Constitutionalism Debate**?
Key challenges in India: unchecked surveillance under IT Act 2000 and Telegraph Act, weak consent mechanisms, algorithmic bias in AI systems
What does **Digital Constitutionalism Debate** replace and how does it improve upon its predecessor?
It replaces **the previous version**. India's Digital Personal Data Protection (DPDP) Act 2023 addresses some concerns but lacks provisions for modern surveillance law and algorithmic regulation
What are India's targets or goals related to **Digital Constitutionalism Debate**?
Proposed solutions include establishing a Digital Rights Commission and mandatory algorithm audits for public-facing AI
