Constitutional Challenges in AI-Driven Public Health Emergency Management in India

Abstract

The speed at which AI is being applied for managing public health emergencies has been studied, particularly for surveillance, predictive modelling, and automatic triage. There were many examples of AI based emergency responses developed and implemented in India for the purpose of responding to the COVID-19 pandemic under emergency laws. These emergency responses allowed states to quickly respond to an emergency situation by providing them with greater capability, but also raised numerous constitutional issues related to privacy, equity, due process, and democracy. The purpose of this article is to provide a conceptual analysis of the role of AI in public health governance, using the framework of the constitution. This study will be done through the lens of Indian case law, international standards for human rights, and comparative regulations used in other countries to identify deficiencies in the legislative protection, institutional oversight, and public participation in the development and implementation of AI systems. This study provides a rights-based approach to governance grounded in the constitutional principles of legality, proportionality, and accountability to ensure that the application of AI during emergencies does not compromise the value of democracy.

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