Author(s): Akanshi Taneja

Abstract: The growing danger of digital gerrymandering in India's electoral democracy is examined in this article, especially as the country gets closer to its crucial 2026 delimitation process. Political actors can now manipulate electoral boundaries with unprecedented precision thanks to advanced technologies like Geographic Information Systems (GIS) and machine learning algorithms, which make it easier to "pack" or "crack" voter blocs along demographic lines. An interesting case study is the delimitation process in 2023 in Assam, where it was claimed that GIS mapping was used to divide linguistic and religious minorities among districts, reducing their electoral power. However, India's constitutional framework is still ill-prepared to handle these issues. Although the Supreme Court has traditionally protected delimitation orders from judicial review due to its restrictive interpretation of Article 329(a), recent jurisprudence in Kishorchandra Rathod (2024) signals a slight shift by acknowledging "manifest arbitrariness" as a basis for intervention. The documented decline in the independence of the Election Commission of India, which is demonstrated by a 72% drop in decisions against the ruling party between 2014 and 2024, exacerbates this judicial vacuum. This article offers a comprehensive reform agenda based on comparative analysis from South Africa, Australia, and Canada, where electoral integrity is protected by independent commissions, algorithmic transparency, and constitutional protections. A Digital Transparency Law based on the EU AI Act, judicial adoption of proportionality standards for evaluating delimitation challenges, restructuring of the ECI appointment process, and constitutional amendments to Article 81 are among the recommendations. To make sure that India's adoption of digital technology enhances rather than weakens its constitutional democracy, these reforms are necessary.

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