Artificial Intelligence, Deepfakes, and Constitutional Democracy: Reimagining India’s Legal Framework for Electoral Integrity, Privacy, and Digital Rights
Aditya Kumar Kannaujiya
Aditya Kumar Kannaujiya, Artificial Intelligence, Deepfakes, and Constitutional Democracy: Reimagining India’s Legal Framework for Electoral Integrity, Privacy, and Digital Rights, Vol. 12 Iss (2), IJLR (2026)
Abstract
The rise of Artificial Intelligence (AI)-generated synthetic media, commonly known as deepfakes, and algorithmic disinformation presents a significant challenge to constitutional democracy in India. In a digital electoral landscape involving nearly one billion voters, the misuse of generative AI for fabricating political content, manipulating public opinion, and impersonating constitutional actors exposes serious gaps in existing regulatory frameworks. This article adopts a doctrinal and comparative legal approach to examine the constitutional implications of AI-driven electoral manipulation and explores the balance between technological innovation, fundamental rights, and democratic governance. It critically analyses the adequacy of the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and the Representation of the People Act, 1951, in addressing synthetic media threats. Drawing from constitutional jurisprudence and comparative global frameworks, the article proposes a human rights-oriented regulatory approach through AI accountability, deepfake disclosure obligations, and stronger electoral oversight mechanisms.
Keywords
Artificial Intelligence; Deepfakes; Constitutional Democracy; Electoral Integrity; Digital Personal Data Protection Act; Right to Privacy; Generative AI Regulation; Free and Fair Elections; Digital Rights
