Digital Governance and Constitutional Rights in India: Reconciling Administrative Efficiency with Privacy, Equality and Due Process

Abstract

Abstract India's shift towards digitally mediated governance has reshaped the citizen-administrative state dynamics. Biometric identity framework (Aadhaar), faceless assessment in the income tax administration, direct benefit transfer system and the Digital Personal Data Protection Act, 2023 are expected to be efficient, leak-proof and targeted, but leave questions unanswered before the court. This article questions whether the digital governance ecosystem in India has sufficiently harmonized the efficiency of administration with the fundamental rights of privacy, equality of substantive rights, and procedural rights in Article 21, 14 and due process. The article uses the doctrinal approach to examine the jurisprudence of the Supreme Court of India on 'informational privacy' and 'proportionality', as well as the statutory framework of the Aadhaar Act, 2016, the Information Technology Act, 2000, and Digital Personal Data Protection Act, 2023; and the administrative practice of algorithmic and automated decision-making in welfare and taxation. It believes that the judiciary has created a functional test of proportionality for privacy interests, but this test continues to be under-respected when it comes to algorithmic exclusion and automated adjudication, where reasoned decision making and meaningful review are often lacking. The article then envisions a calibrated approach that combines proportionality review with a compulsory duty of explaining algorithms and a system of independent institutional oversight, ensuring that enhanced efficiency in government does not sacrifice constitutionally protected rights. Keywords: Right to privacy; Due Process; Digital Personal Data Protection Act; 2023; Keywords: digital governance; Aadhaar; algorithmic discrimination; administrative law