Algorithm Bias and Constitutional Rights: Can AI Violate Article 14?

While Artificial Intelligence was always known as being quite recent technology, the undeniable truth about artificial intelligence is that it is already being used in administration and governance in today’s world. Algorithms are utilised in various administrative tasks such as recruitment procedures, social security, credit ratings, policing, health care, data analysis, and much more. Although algorithms work in an objective manner, the problem with algorithms is that it is one of the entities that discriminate against people based on certain traits. The use of an algorithm is a discriminatory action that constitutes a violation of the Constitution, as it discriminates against a person without knowing them. Some issues have arisen in connection with the use of artificial intelligence within the process of administration in India regarding Article 14 of the Indian Constitution, which refers to equality of treatment. Previously, there was no interference at all from anyone with the activities conducted by people, as well as the government. But once an algorithm is used, there is a connection between the two. In this work, it will be analysed how algorithmic discrimination may be linked with Article 14 of the Indian Constitution. First, it will be mentioned what the evolution of equality legislation is, what problems arise from using artificial intelligence for decisionmaking processes, and what examples can be used as comparative practices because of regulatory algorithms elsewhere. Then, it will be concluded that it is required to have appropriate algorithmic governance because of the Indian Constitution. At the same time, although artificial intelligence cannot acquire the legal person status, there is a chance of becoming unconstitutional because of biased algorithms.