Evaluating Legal and Constitutional Challenges of AI in Lawmaking

Author: Jayita Sharma

 1. Introduction

AI usage worldwide is rising rapidly. While AI enhances efficiency, it raises serious legal concerns regarding accountability, transparency, and constitutional governance throughout the country. While discussing rapid AI usage, the increase in the inclusion of AI in various sectors of the economy in India, we come to something innovative, which is gaining popularity in the country this March: the AI-powered chatbot, Vidhan Sathi, which is aimed at assisting members of the Legislative Assembly in accessing legislative data, analyzing bills, and improving the quality of debates. 

The AI-powered chatbot, Vidhan Sathi, was launched in mid-March, ahead of the budget session. It was essentially designed as a legislative research assistant for MLAs; it aims to facilitate legislative research and decision-making.

The chatbot provides a variety of functions, such as real-time analysis of bills, which would help the members of the legislative assembly to quickly understand legislative provisions; provides access to legislative records for informed decision-making; and fact-checking support to ensure accuracy and reliability of information during debates, as reported by The Times of India.

It is available in Hindi + English with voice features. This feature allows all users to interact with the chatbot through spoken queries in the same manner that a person may input spoken queries to Siri or Gemini. It converts spoken words (input) into text; the chatbot further analyses the question and searches for related data and records to generate a relevant answer (output). Further, the text is then converted to audio, which the person can hear instead of reading it.      

This is the first time any Indian legislature has introduced such an AI tool, which has been expressed by Speaker Vijender Gupta at a press conference.

2. AI in Governance

In today’s governance, artificial intelligence has become an important tool, which consequently enables governments to process vast amounts of data, improve administrative efficiency, and support decision-making processes. This integration of AI in governance further reflects a broader shift towards digitisation and data-driven policy formulation. 

Due to the growing complexity in governance and the increasing volume of legislative and administrative data, it has made things extremely difficult for traditional systems to work efficiently. Therefore, the governments are adopting AI-driven operations to make things easier and help reduce the burden on human resources. Such technologies also enable real-time access to information, thereby improving the quality of decision-making and legislative deliberations.

The push towards digital governance has been made obvious through various initiatives that are aimed at improving efficiency and accessibility in public administration. 

3. Legal Framework in India

India does not have a designated legal framework at present that could govern artificial intelligence. The regulation of AI-related activities is largely derived from existing laws that were not originally designed to address the complexities of emerging technologies. 

The legislation that is mainly applicable in this case is the Information Technology Act, 2000, which governs electronic data, cyber offences, and intermediary liability. The Digital Personal Data Protection Act, 2023, on the other hand, provides a framework for the protection of personal data, which imposes obligations on data fiduciaries and recognises the rights of individuals.

These laws do not address critical issues that consequently arise from the use of artificial intelligence. The absence of a comprehensive AI-specific regulation creates a significant legal gap, particularly in the context of governance, where the use of AI tools may directly or indirectly influence public decision-making processes.

 4. Key Legal Challenges

(a) Accountability vacuum

One of the main concerns that surrounds the use of artificial intelligence in governance is the absence of a clear framework for accountability. It becomes extremely difficult to determine responsibility in cases of error or bias when AI systems are used to assist the legislative functions. AI systems usually operate through extremely complex algorithms, unlike human decision makers, which makes it unclear whether the liability should lie with the developers, the government, or the users of such systems. This undermines trust in governance processes, which creates an accountability vacuum. 

(b) Data privacy risks

The integration of AI tools in legislative processes also raises significant concerns regarding data privacy. Systems like Vidhan Sathi may process large volumes of legislative data, user inputs, and potentially sensitive information. The collection and processing of such data increase the risk of data breaches, unauthorized access, and misuse. Although the Digital Personal Data Protection Act, 2023, provides a framework for data protection, its applicability to AI-driven systems in governance remains limited and unclear.

(c) Transparency issues

‘Black boxes’ is the term used for artificial intelligence systems where the reasoning given behind the outputs is not easily understandable. 

This lack of transparency poses a serious challenge in governance, where decisions must be reasoned, accountable, and open to scrutiny.

(d) Constitutional implications

The use of opaque or biased systems may raise concerns under Article 14 of the Constitution, which guarantees equality before the law, and Article 21, which ensures due process and fairness. If there is no transparency or accountability in the administrative decisions influenced by AI, it could lead to conflicting constitutional mandates.

 5. Comparative Insight

A comparative perspective reveals that various countries have begun regulating artificial intelligence. The European Union, through its proposed AI Act, adopts a risk-based approach, while the United States relies on sector-specific guidelines. These developments highlight the growing global recognition of the need for structured AI governance frameworks.

6. Benefits of AI in Governance

There are various advantages to the use of artificial intelligence in governance. Initially, it enhances the efficiency of the government by enabling faster processing and seamless analysis of the large volumes of data, which further reduces the time taken for the decision-making process. 

Secondly, by allowing users to retrieve information quickly through user-friendly interfaces, including voice-enabled features, it improves accessibility. 

And lastly, it provides data-driven insights and supports informed debates, which contribute to better lawmaking.  

7. Critical Analysis 

A perfect balance between legal caution and innovation is derived through the integration of governance and AI. On one hand, AI tools such as this chatbot, Vidhan Sathi, enhance innovation and support informed decision-making by providing quick access to legislative data. But on the other hand, the increasing dependence on such systems raises tensions about whether human reasoning is gradually being replaced by a machine. 

While AI is intended to function as an assistive tool, there exists a risk that legislators may rely excessively on automated insights without critically evaluating them. This could undermine independent judgment, which is essential in a democratic framework. Furthermore, India’s current legal framework, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, does not adequately address issues such as AI accountability, transparency, and liability.

In this context, it can be argued that although India is technologically advancing towards AI-driven governance, it is not yet fully prepared from a legal standpoint. Therefore, while AI should be encouraged as a supportive mechanism, it must operate under clear regulatory safeguards to ensure that human decision-making remains central to governance.

8. Conclusion

AI is becoming essential in governance by managing vast data, improving efficiency, and aiding decision-making. However, India’s current legal framework, primarily the Information Technology Act and the Digital Personal Data Protection Act, falls short in addressing AI’s complexities, creating legal gaps. Major concerns include an accountability vacuum, data privacy risks from processing sensitive information, and transparency issues related to opaque AI algorithms, which may undermine trust in governance. While AI has great potential for enhancing governance, careful attention to its legal implications and regulations is necessary.

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