Legal Articles


Emergence of Concept of Digital Constitutionalism

Today the society has become globalised, non-territorial and decentralized which requires a mixed governance of national and international structures combing the private players self regulation and public institutions oversight. The amount of information available in the form of raw data is creating new avenue of economic planning and social security to the netizens around the globe.

In the growing dimension of cyberspace people communicate within their social circles through blogs and social networking sites. The amount of information exchanged between the human interfaces involves the medium of intermediaries and other government agencies. Thus, a digital constitution will always bridge two real ongoing processes from the viewpoint of law as it will help in the production of legal norms as stated under Fundamental 332, the International Communication Gazette 80(4)- structures of the social systems(stated by Teubner,2004:20).

Digital technology follows a rule- “better ask forgiveness than permission attitude” resulting in lawlessness and irresponsible activities at times. It is based on networking of collecting big data and internet of things which has the capacity to govern core functions of the state. It reflects the expression of the quest for individual freedom and self-fulfillment away from restraints and state action.

Therefore, proper regulation through the concepts of Digital Constitutionalism and Information Technology Act, 2000 and Ethics Rules, 2021 come into being to protect and secure the legal structure of these platforms and there interaction with netizens by defining the code of laws and ethics for the safe sailing on these platforms. The massive diffusion of digital technology instruments among individuals combined with the dominant role that private corporation play in the digital environment increases the likelihood of rights violations perpetrated by these non-state actors.

Ayush Saran
PhD Scholar, N.L.I.U, Bhopal.
LL.M, P.G.D Cyber Law, Cert. Internet Crime Investigator

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