RETHINKING CONSTITUTIONALISM IN THE DIGITAL AGE Digital Rights, Technology and Global Internet Governance

The expansion of artificial intelligence, algorithmic decision-making, biometric surveillance, social-media platforms and digital infrastructure has altered the location and exercise of constitutional power. Classical constitutionalism was principally designed to restrain the State through the rule of law, separation of powers, fundamental rights and judicial review. In the digital environment, however, power is increasingly exercised through data systems, algorithms and private platforms as well as traditional public institutions. This paper examines whether classical constitutionalism can adequately respond to these developments or whether a complementary framework of digital constitutionalism is required. It studies privacy, freedom of expression, equality, Internet shutdowns, AI surveillance, platform power and global Internet governance, with particular reference to India. Contemporary examples include the 2026 Jantar Mantar student protests and reported use of AI-assisted facial recognition and targeted Internet restrictions, the 2024 Manipur student protests and Internet suspension, and the 2026 Jharkhand student movement concerning alleged recruitment-examination irregularities. Comparative reference is made to the European Union and United States. The paper argues that digital constitutionalism should not displace classical constitutionalism; rather, it should extend constitutional principles of legality, proportionality, transparency, accountability, equality, privacy, due process and human oversight to digital spaces and technologically mediated public and private power.1