ALGORITHMIC GOVERNANCE AND CONSTITUTIONAL RIGHTS IN PAKISTAN: LEGAL IMPLICATIONS OF AI-BASED PUBLIC DECISION-MAKING

Abstract

The integration of artificial intelligence (AI) into public sector decision-making has introduced transformative changes in governance, raising critical constitutional and legal concerns in Pakistan. This study examined the implications of algorithmic governance for fundamental rights, particularly due process, equality, and transparency, as guaranteed under the Constitution of Pakistan 1973. Adopting a quantitative, cross-sectional design, data were collected from 300 respondents, including legal experts, policymakers, IT professionals, and academics. Statistical analyses, including correlation and multiple regression, were employed to assess the relationships between algorithmic transparency, accountability, bias, regulatory adequacy, and the protection of constitutional rights.

The findings revealed that low levels of transparency, explainability, and regulatory oversight significantly undermine constitutional protections, while algorithmic bias negatively affects equality and fairness in public decision-making. Conversely, accountability mechanisms and judicial oversight were found to play a critical role in mitigating these risks. The study concludes that, in the absence of a comprehensive regulatory framework, the expansion of AI-driven governance may erode fundamental rights and weaken the rule of law. It emphasizes the need for a rights-based approach to AI regulation, incorporating transparency standards, algorithmic audits, and institutional oversight to ensure alignment with constitutional principles.