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.
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