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Algorithmic Caste Enumeration: Constitutional Validity of Digital Census 2027’s GIS-Based Self Count Algorithm

Algorithmic Caste Enumeration: Constitutional Validity of Digital Census 2027’s GIS-Based Self Count Algorithm

Author's Details -

Midhila Jayan (National Law School of India University, Bangalore, India)

Received 20 May 2026; Accepted 20 June 2026; Published 24 June 2026

Cite this Paper: Midhila Jayan, 'Algorithmic Caste Enumeration: Constitutional Validity of Digital Census 2027’s GIS-Based Self Count Algorithm' (2026) 6(4) Jus Corpus Law Journal 57-65 <https://doi.org/10.66918/juscorpus.v6i4.2026.18>

Category: Short Article

Pagination: 57-65

India’s 2027 census marks the first fully digital caste-based enumeration exercise since 1931. The census of 2027 incorporates a new inclusion of Geographic Information System (GIS)-based self-count algorithm to carry out the survey for millions of households through mobile app-based data collection, geographic information system geotagging, and machine learning validation checks under the Census Act, 1948. The use of such a technological system raises various constitutional concerns with regard to the intersection of rights, such as the right to privacy, the right to equality and the governance of algorithms. In this paper, the constitutionality of such an algorithmic architecture is tested against Article 14(equality) and Article 21(privacy) in light of the Supreme Court’s decision in K.S. Puttaswamy v Union of India (2017). By employing the methodology of doctrinal legal analysis, the paper analyses whether the caste enumeration on the basis of GIS could meet the triple test of legality, necessity and proportionality as enunciated by the Puttaswamy judgment. Moreover, the analysis is extended to the extent of whether the location-based caste map is in violation of Article 14’s prohibition against arbitrary classification and Article 15(1)’s prohibitory rule against caste-based discrimination. The paper also provides for a comparative analysis of frameworks such as the Digital Personal Data Protection Act 2023 and the EU General Data Protection Regulation, to identify the lacunas in India’s digital census system. The paper also identifies certain critical constitutional challenges, such as GIS geotagging violating Article 14 through location-based discrimination, and algorithmic self-count mechanisms infringing the informational privacy principle. The paper concludes with certain legislative recommendations, which include establishing the National Digital Census Tribunal, obligatory algorithmic audits, and optout GIS provisions, therefore, allowing the continuation of this system based on algorithmic constitutionalism while addressing its challenges in India’s first digital caste census constitutional framework.
Paper Type Journal Info Creative Commons Copyright

Short Article

Jus Corpus Law Journal

Vol 6 Issue 4

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