Constitutional and Legal Dimension Artificial Intelligence in the BRICS Countries (Using the Example of India)

Abstract

In view of the relevance and practical significance the article touches upon some facets of the constitutional and legal dimension of artificial intelligence (AI) in one of the BRICS countries, friendly India, reflected in a number of provisions of the Indian Constitution of 1949 (as amended in 2019), fixing human rights and freedoms (expression of opinions, privacy, etc.) in the context of its` filling with new meanings and interpretation in the context of AI development. The relevance of the study is due to the fact that many states seek to implement the strategies they have adopted for the development of artificial intelligence, which requires to strengthen understanding of the approaches of Russia and foreign countries, including the ones advanced in the development and implementation of such technologies from the perspective of law. The scientific novelty of the research is determined by the goal itself and the results of the work. So, based on the study of the approaches of the doctrine, the provisions of the Constitution and 2019 draft version of proposed Indian personal data law likewise authors personal opinions the authors found that, in particular, the general orientation of the practiced and fixed normatively - at the level of the Constitution and its judicial and doctrinal interpretations – and legally, including draft laws, restrictions on human rights and freedoms in the modern period on the example of India, can be described as a desire to find a justification for such restrictions in a large significant public interest, subject to protection with priority over the protection of the interests of private individuals. As for the necessary restrictions on the rights of AI, if AI is modeled after the constitutional model of a person (human being), then first the restrictions imposed on the latter will inevitably be imposed on its “copy” - artificial intelligence.