Introduction
On the question of regulating artificial intelligence
("AI"), India's position is not yet
clear. In April this year, the Ministry of Electronics and
Information Technology ("MeitY") had stated that the government did not have plans
to introduce a specific law to govern the growth of AI in the
country. By early June, however, it was clarified that the government would regulate
AI after all – at least to protect digital users from harm,
likely through the proposed Digital India Act
("DIA"). In this regard, it is possible
that MeitY's re-articulated position has been influenced by
developments in the European Union
("EU") – where parliamentary
committees adopted a draft negotiating mandate (a compromise text)
in May on establishing the world's first harmonized rules for
AI systems – based, in turn, on the level of risk they pose
to safety, livelihood, and rights. Further, members of the European
Parliament adopted its negotiating position on the
