Judging AI: Lessons For India From USA And EU

Abstract

As the world enters Industry 5.0, where human–AI collaboration is central, judicial engagement with artificial intelligence becomes a key safeguard for fundamental rights. This article examines how India’s courts can shape AI governance by learning from the United States and the European Union. Indian jurisprudence in K.S. Puttaswamy v. Union of India, Anuradha Bhasin v. Union of India, Shreya Singhal v. Union of India, and Selvi v. State of Karnataka balances innovation with rights, yet direct engagement with AI disputes remains limited. The US judiciary confronted these concerns in State v. Loomis and Houston Federation of Teachers v. Houston ISD, raising due process, fairness, and transparency questions without consistent federal guidance, while the EU adopted a rights-based approach through Schrems I and Schrems II and the recent AI Act. Given caste bias, the digital divide, and weak enforcement capacity, India should blend constitutional values under Articles 14, 19, and 21 with comparative doctrines to evolve a hybrid model safeguarding rights and responsible AI innovation.