Code, Control, and Constitution: Why AI Regulation Is an Administrative Law Dilemma

Author: Sagarika Priyadarshini

ABSTRACT

This blog discusses how the intersection between artificial intelligence (AI), digital governance, and administrative law is changing and suggests that the regulation of AI is a core administrative law problem. The practice of state power is no longer concentrated on visible or easily accountable mechanisms as the administration is becoming more and more dismembered into algorithm-driven regimes. Rather, it functions on the basis of data streams, automated decision-making, and black-box technological processes. In this regard, the blog demonstrates the necessity of administrative law in the environment, which makes such the power subject to legality, fairness, and accountability.

In terms of the legal situation in India, the discussion focuses on how legal frameworks such as the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 strengthen the executive powers in a digital setting, usually via a broad delegated law. It brings up issues with algorithmic governance, including a lack of transparency, low explainability, and the poor ability to challenge automated decisions. The blog also decries the sacrifice of the principles of natural justice in the virtual world, where people are often deprived of the privilege to be heard.

It also deals with conflicts between state surveillance and constitutional right to privacy, emphasizing on the role of proportionality and control. The judicial review is recognized as one of the essential protective measures against arbitrary digital authority. In the end, the blog promotes changes in administrative law systems to include transparency, accountability and efficient grievance systems and as such this change in technology should not go against constitutionalism and the rule of law.

Introduction

In the digital age governance no longer exists within physical location or traditional institutions, it is coded, algorithmic, and within data flows.Before the social media is censored, and facial recognition cameras and computer-generated decisions, technology was a potent weapon of the State.What is brought forth by this changing state of affairs is an urgent question: what can be done to regulate the exercise of such digital power?The solution is where there is a crossroad between Technology Law and Administrative Law.

Administrative Law is more fundamental in controlling how power is exercised by people in authority.It makes certain that such power does not emanate, but based on the principles of legality, fairness and accountability.In the context of recent areas such as Artificial Intelligence (AI), data privacy, and cyber regulation, Administrative Law is not only applicable - but even required.

The Growing role of the State in Digital Governance.

The State has a profound control in the digital spaces in India as indicated by such laws as the Information Technology Act 2000[1] and the Digital Personal Data Protection Act 2023[2].Such laws give the government control over online sites, surveillance of the internet, and administration of personal information.Central to the provision of guidelines and blocking of content as well as responding to threats in cybersecurity are authorities like the Ministry of Electronics and Information Technology[3] and CERT-In[4].

As much as this form of regulation is needed to promote order and security, it is also associated with delegated legislation in which general powers are vested in administrative bodies and charged with producing specific rules.Unrestrained, this delegation will lead to the establishment of a system in which the executive powers exert too much and obscure authority over digital rights.

Algorithmic Governance and Administrative Discretion.

The algorithmic decision-making is one of the most complicated issues nowadays.AI technologies are being used by governments to monitor people, fulfil welfare, conduct predictive patrol, and even help in the judicial process.Nevertheless, no algorithms are neutral, they are influenced by data, assumptions and design decisions.

This creates another dimension of administrative discretion.In comparison with conventional decisions that are made by human officers, algorithmic decisions tend to be:Opaque systems (black box systems)

* Difficult to challenge

* Lacking clear reasoning

This is of great concern on Administrative Law basis.A citizen should not be able to criticize a decision since he or she does not know the way it was made.Where is the rational order that is the lean upon which the just administrative action is based?Devoid of transparency and explainability, AI will threaten to compromise the very basis upon which Administrative Law is aimed to be based.

Natural Justice in Network Space.

Administrative Law revolves around the principles of natural justice especially Audi alteram partem (the right to be heard).However, in the virtual reality, these principles are usually weakened. Consider situations where: Social media accounts are put down without being notified.Automated filters are used to filter the content.The surveillance systems flag individuals.In most of such cases, the concerned individuals are not given a serious chance to prove their case before them.Rapid decisions are made without much discussion or appeal.This poses a very dangerous precedent and efficiency is preferred over fairness.Even in technologically advanced systems, administrative law requires procedural fairness not to be undermined.

Information Security and State sovereignty.

This is because the concept of the right to privacy being one of the rights has been looked on by the introduction of the constitutional aspect of digital governance.Legislation such as the Digital Personal Data Protection act of 2023[5] attempts to control the process of gathering, processing, and storage of personal data.Nevertheless, issues arise as to:Extensive exceptions allowed to the State.Non-existent independent oversight. The possibility of mass surveillance.Here the Administrative Law is very important since it makes sure that discretional powers are reasonable and properly proportional.Any infringements made on personal privacy should pass the legality, necessity and proportional tests.

The Privation of JV as a Protection.

Judicial review one of the most powerful Administrative Law instruments is the ability of the court to review the legality of administrative action.This, in the digital arena, has played a crucial role in safeguarding fundamental rights.The landmark case is Shreya Singhal v. Union of India[6] in which the Supreme Court declared that Section 66A of the IT Act[7] was invalid due to its vagueness and infringement of the freedom of speech.The given case demonstrated that unchecked administrative authority of the digital realm might result in arbitrariness on restrictions of rights.Judicial review provides that:rt administrative measures do not exceed the legal boundaries.No violation of fundamental rights.Citizens are provided with a redress against power abuse.

The necessity of responsible AI Governance.

There is a great necessity to create effective administrative mechanisms as India trends towards the use of AI in governance. This includes: Transparency: The citizens need to understand how their decisions are made.Explainability: The AI systems should give explainable causes of their output.Oversight Independent regulatory bodies are to watch over the use of AI.Grievance Redressal: There should be effective ways of contesting decisions.To accommodate these new realities, it is necessary that the principles of Administrative Law should develop.Conventional protection mechanisms must be modified to fit in a world of more and more automated decisions.

The conclusion: Reimagining Administrative Law in the Digital State.

The emergence of AI and digital governance is not only a change in technology but also a change in the manner of exercising power.The Administrative Law plays a crucial role in this new terrain, where it provides a crucial control on arbitrariness, insularity, and usurpation.It is not to oppose technological advancement, but to make sure that it is controlled in a manner that is compatible with constitutional values.The ideas of fairness and accountability as well as transparency should not be compromised as the State turns more data-driven and algorithmically controlled.However, eventually, it does not matter whether we are to regulate AI - but how we are to regulate it without undermining the rule of law.The solution is in making Administrative Law structures more formidable to respond to the needs of a digital future in which not only the laws, but more and more, code, governs.

[1]Information Technology Act, 2000.

[2]Digital Personal Data Protection Act, 2023.

[3]Ministry of Electronics and Information Technology, Government of India, available at:https://www.meity.gov.in(last visited April 4, 2026).

[4]Indian Computer Emergency Response Team (CERT-In), Government of India, available at: https://www.cert-in.org.in

 (last visited April 4, 2026).

[5]DPDP Act, supra note 1.

[6]Shreya Singhal v. Union of India, (2015) 5 SCC 1 (SC).

[7]Information Technology Act, 2000, s. 66A.

Note - The information contained in this blog is for general information purposes only. We endeavour to keep all the information up to date and try our level best to avoid any misinformation or any kind of objectionable content. If you found any misinformation or objectionable content on this website, please report it to us at editors.ilw@gmail.com