Ethical AI Governance in India: Balancing Digital Surveillance and Administrative Accountability

Abstract

As artificial intelligence (AI) technologies rapidly permeate India's administrative fabric, there
is a critical governance question to be addressed – how to harness the efficiency and predictive
capabilities of AI-assisted surveillance, while also safeguarding constitutional protections of
data privacy, non-discrimination, and administrative accountability? In this paper, we take a
systematic look at the evolving AI governance landscape in India vis-à-vis the international
discussion on responsible governance of technology. The study leverages legislation, policies,
court rulings from 2018 to 2024, and empirical data to pinpoint key accountability challenges
in the use of AI in law enforcement, welfare provision, and urban governance. It focuses on
the need for a holistic, coordinated, and robust regulatory framework in India, emphasizing
algorithmic transparency and ethical considerations to address these issues. Examining the
European Union's GDPR and AI Act, it provides insights into potential avenues for reform. It
proposes three stages of governance – statutory algorithmic accountability, independent
governance, and real public engagement – and offers specific recommendations for
policymakers, regulators, and civil society. The results have implications for all countries in
the developing world in the process of digital state-building and democratic accountability.