Constitutional Validity of AI-Based Surveillance in India: Privacy vs. National Security

Abstract

India’s rapid adoption of artificial intelligence (AI)-powered surveillance technologies has ignited a fierce constitutional debate about the balance between individual privacy rights and state-driven national security imperatives. Since 2019, the government has deployed facial recognition systems in major railway stations, integrated AI into urban policing, and announced plans to launch 50 AI-powered satellites for surveillance14. These developments occur against a backdrop of inadequate legal safeguards, raising critical questions about compliance with the Supreme Court’s landmark Puttaswamy judgment (2017), which recognized privacy as a fundamental right under Article 21 of the Constitution27. This report examines the constitutional validity of AI surveillance frameworks, analyzes the tension between privacy and security, and proposes reforms to reconcile these competing interests within India’s democratic framework.