| Abstract: |
The shift in governance in India from traditional bureaucratic methods to tech-driven public service delivery marks a significant constitutional evolution. Initially, e-governance reforms focused on digitizing existing bureaucratic processes to enhance efficiency, transparency, and accessibility. Nowadays, however, Smart Governance takes it a step further by seamlessly integrating Internet of Things (IoT) technology, artificial intelligence, real-time data analytics, and sensor infrastructure into the regulatory framework of the State. That said, IoT-based governance brings with it a considerable increase in surveillance capabilities and a notable shift in decision-making power towards algorithmic systems. This raises serious constitutional issues under Articles 14, 19, and 21 of the Indian Constitution. The Supreme Court's ruling in Justice K.S. Puttaswamy v. Union of India, which recognized privacy as a fundamental right, has offered constitutional guidance on the principles of legality, necessity, and proportionality that should be adhered to when evaluating state data practices. Yet, the current legal landscape, including the Information Technology Act of 2000 and the Digital Personal Data Protection Act of 2023, remains fragmented and ill-prepared to manage automated and embedded regulatory systems. This paper adopts a doctrinal and comparative approach to explore these challenges and proposes a rights-centered Smart Governance framework grounded in the principles of transparency, accountability, proportionality, and democratic oversight. |
