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International Journal of
Law, Policy and Social Review
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VOL. 8, ISSUE 1 (2026)
From consent to compliance: How digital systems are reshaping the idea of constitutional freedom
Authors
Punit Yadav, Vishesh Paliwal, Veer Pratap Singh, Saloni Rajawat
Abstract

The digital transition of India has dramatically changed how citizens interact with the State. What was earlier done through physical presence, discretion, and choice is increasingly routed through mandatory digital systems-such as OTP verification, biometric authentication, and service delivery on apps, and online only access to welfare, justice, and governance. This paper makes the argument that such a shift heralds a deeper constitutional transition from a framework premised on consent and voluntary participation to one of technological compliance and systemic compulsion.

Rather than dealing the issue through the perspective of any single Fundamental Right, this paper undertakes a structural analysis of constitution regarding how digital compulsion reinvents the basic meanings of freedom, autonomy, dignity, and democratic control. It shows how citizens are left with little choice but to give in to digital infrastructures in order to secure their basic services such as identity recognition, health services, and legal remedies. In that system, consent risks becoming procedural, not meaningful.

The paper further explores how this transformation weakens traditional ideas of accountability, filters constitutional relationships through these not clear technological architectures, and silently rearranges the balance of power between the citizen, the State, and private digital intermediaries. It contends that once access to rights becomes contingent on technological compliance, this threatens to shrink constitutional freedom to a coded permission structure, rather than a democratically guaranteed entitlement.

This paper, therefore, tries to initiate a larger constitutional discussion on whether the digital governance model of India is enhancing liberty or silently reorganizing it into a system of inevitable compliance by examining this emerging condition of "digital obedience."
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Pages:154-159
How to cite this article:
Punit Yadav, Vishesh Paliwal, Veer Pratap Singh, Saloni Rajawat "From consent to compliance: How digital systems are reshaping the idea of constitutional freedom". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 154-159
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