Published Paper Details:

Digital constitutionalism refers to the collection of legal doctrines, statutory regimes, institutional norms, and normative arguments that aim to defend constitutional principles within a context characterised by platforms, datafication, surveillance, and automated decision making. This paper defines the concept, surveys global developments in the context of future digital constitutionalism systems, presents a comparative analysis of India, South Africa, and the United States, and also suggests doctrinal and institutional proposals for law and policy. The paper takes cognisance of the principal cases, such as K.S. Puttaswamy v. Union of India and Carpenter v. United States, as well as legislative evolution in the form of the European GDPR, the EU Digital Services Act (DSA), and India's Digital Personal Data Protection (DPDP) Act 2023. The chapter proposes three models of categorisation of the emerging scholarly approaches to digital constitutionalism and presents three categories of critical arguments that have been moved to the theories of digital constitutionalism. The chapter concludes with a personal counter-critique to these views. This research aims to analyse the concept of Digital Constitutionalism as a spirit of law, to examine the impact of technology on fundamental rights, to conduct a comparative study, and to balance the digital innovation with human rights in the future perspective of governance. This research explores the evolving and dynamic concept of digital constitutionalism in India, while raising an important question regarding its potential outcomes and transformations over the next decade...