MAHARASHTRA NATIONAL LAW UNIVERSITY MUMBAI

VII NOVICE INTRA MOOT COURT COMPETITION (NIMCC), 2024

MOOT PROPOSITION: ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL LAW

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 Santosh Kumar and Another v. Government of Indiana

The Government of Indiana introduces an ambitious Artificial Intelligence (AI) based

surveillance program aimed at monitoring citizens' online activities called as Government
Surveillance Program (GSP). The AI system is designed to analyze social media, emails, and
other digital communications to identify potential threats to national security. The government
argues that this advanced AI system is crucial in addressing evolving security challenges in the
digital era. The government launched the Government Surveillance Program App (GSP App) for
the purpose. Through GSP App, the citizens of the country were to upload some crucial
information regarding the Email ID, Mobile Number, Social Media Accounts etc. and
government could monitor the social media accounts, emails etc. so that no information which is
threatful for country’s safety can be shared through these mediums.

One School Teacher named Santosh Kumar also downloaded the GSP App and uploaded the
required information. But few unknown people created fake websites pretending to be
subsidiaries of the GSP App. One day, Santosh Kumar received a text message from fake
website called indianasurvillience.com and asked for a One Time Password (OTP) received on
Santosh Kumar’s Mobile phone. Santosh Kumar believed that OTP is sent by GSP App and so
he gave the OTP by clicking on the link given in text message sent by indianasurvillience.com.
This lead to hacking of Santosh Kumar’s data on his mobile phone. In a similar manner, fake
websites hacked the data on GSP App and misused it to extract money from innocent people.
They extracted about 25 Crore Rupees from different people including Santosh Kumar.

Following this scam, Santosh Kumar along with a NGO known as Group of Privacy Advocates
challenged the constitutionality of the Government Surveillance Program in Writ Petition in
Supreme Court of Indiana, asserting that it violates several provisions of the State Constitution.
They argue that the program undermines fundamental rights and freedoms guaranteed by the
constitution, particularly the right to privacy, freedom of expression, and protection against
unreasonable searches and seizures. They also argued that the GSP is not safe enough and
therefore the program should be stopped from immediate effect.

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The AI surveillance program operates by collecting massive amounts of data, employing
sophisticated algorithms to analyze patterns and identify potential security risks. Concerns are
raised about the lack of transparency in the GSP’s decision-making processes and the potential
for biased outcomes, raising questions about due process rights.

The Government contends that the use of AI is necessary to stay ahead of emerging threats and
to protect the safety of citizens. The legal dispute centers on whether the state's adoption of AI
technology for surveillance purposes is in compliance with constitutional principles and whether
it strikes an appropriate balance between security needs and individual rights.

The law of the land on the use of AI is developing and few provisions of the criminal code of the
Indiana are also attracted in the matter.

The matter is scheduled for hearing on 17th and 18th February, 2024.

Issues:
1. Whether Writ Petition by Santosh Kumar and Group of Privacy Advocates is
maintainable in Supreme Court of Indiana?
2. Whether right to privacy is violated by the Government Surveillance Program?
3. Whether reasonable restrictions imposed by the Constitution of Indiana on freedom of
speech and expression are infringed by Government Surveillance Program?
4. Whether the Government should stop the Surveillance Program from immediate effect?

Based on these facts, analyze the constitutionality of the AI based Government Surveillance
Program, considering the implications for privacy, free speech, and due process. Also take it to
consideration the evolving intersection of technology and constitutional law, the hacking or
misuse of data collected, exploring how the use of AI in surveillance challenges traditional legal
frameworks and principles.

Note: The laws of Indiana are pari materia with laws of Republic of India.