AI RIGHTS AND REGULATIONS LESSONS FROM AMERICAN FRAMEWORKS FOR INDIA’S AI GOVERNANCE STRATEGY

  • Unique Paper ID: 201063
  • Volume: 12
  • Issue: 12
  • PageNo: 2688-2707
  • Abstract:
  • The study "AI Rights and Regulations: Lessons from American Frameworks for India's AI Governance Strategy" offers an extensive comparative study regarding the governance of Artificial Intelligence (AI) in both the US and India. The development of AI from being a rule-based system to "Agentic AI" has created a "definitional crisis" in the world's legal framework systems, which was initially made for human actions and transactions. The study investigates the decentralized and market-oriented strategy of the USA, focusing on fostering innovation and ensuring worldwide technological leadership. Through analysing the transformation of the American approach from the safety-oriented Executive Orders in 2023 to the liberalization and "techno-nationalist" attitude of 2025, the study pinpoints both benefits of sectoral regulation, like the FDA's approach in healthcare AI, and disadvantages of fragmented regulation at the state level. The swift evolution of Artificial Intelligence (AI) from computational rules to autonomous, generative, and agential algorithms has generated an unprecedented jurisprudential dilemma for the laws of many nations across the globe. The aim of this dissertation is to analyse critically and comparatively the various regulative, constitutional, and sociotechnological paradigms of the evolution and use of Artificial Intelligence in different nations. More specifically, the present dissertation will focus on comparing the two nations, namely the USA and India, until the year 2026. By considering various theoretical perspectives from the literature review, this study will examine how the nature of the epistemology of machines including the historic Turing Test and recent Belief-Desire-Intention architecture poses a significant dilemma for existing jurisprudence based on human agency and determinate software programs. In addition, this dissertation will compare techno-nationalistic and deregulatory approach of the USA with the "DPI x AI" concept of India. Based on a comprehensive examination of constitutional tensions related to privacy, algorithmic discrimination, technologically grounded procedural due process, and First Amendment case law, this paper demonstrates the limitations of existing intellectual property and liability frameworks. In addition, the paper examines the newly emerging issues associated with the 2026 "Agentic Era," which entails persistent learning algorithms and irreversible autonomous behaviour. The research concludes that the discussion about granting legal rights and responsibilities to AI should move away from the hypothetical questions regarding whether an artificial agent can be considered a "person" and focus instead on implementing the notions of "Artificial Conduct" and "Agentic Accountability." The paper’s main findings point to the notion that while the United States defines its citizens as consumers in a competitive global economy, India designs its citizens as sovereign individuals who need protection via digitally enabled utilities. Overall, this paper supports the idea of combining a value-driven approach with innovation.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{201063,
        author = {ALOK NARAYAN SHARMA},
        title = {AI RIGHTS AND REGULATIONS LESSONS FROM AMERICAN FRAMEWORKS FOR INDIA’S AI GOVERNANCE STRATEGY},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {12},
        pages = {2688-2707},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=201063},
        abstract = {The study "AI Rights and Regulations: Lessons from American Frameworks for India's AI Governance Strategy" offers an extensive comparative study regarding the governance of Artificial Intelligence (AI) in both the US and India. The development of AI from being a rule-based system to "Agentic AI" has created a "definitional crisis" in the world's legal framework systems, which was initially made for human actions and transactions. The study investigates the decentralized and market-oriented strategy of the USA, focusing on fostering innovation and ensuring worldwide technological leadership. Through analysing the transformation of the American approach from the safety-oriented Executive Orders in 2023 to the liberalization and "techno-nationalist" attitude of 2025, the study pinpoints both benefits of sectoral regulation, like the FDA's approach in healthcare AI, and disadvantages of fragmented regulation at the state level. The swift evolution of Artificial Intelligence (AI) from computational rules to autonomous, generative, and agential algorithms has generated an unprecedented jurisprudential dilemma for the laws of many nations across the globe. The aim of this dissertation is to analyse critically and comparatively the various regulative, constitutional, and sociotechnological paradigms of the evolution and use of Artificial Intelligence in different nations. More specifically, the present dissertation will focus on comparing the two nations, namely the USA and India, until the year 2026. By considering various theoretical perspectives from the literature review, this study will examine how the nature of the epistemology of machines including the historic Turing Test and recent Belief-Desire-Intention architecture poses a significant dilemma for existing jurisprudence based on human agency and determinate software programs. In addition, this dissertation will compare techno-nationalistic and deregulatory approach of the USA with the "DPI x AI" concept of India. Based on a comprehensive examination of constitutional tensions related to privacy, algorithmic discrimination, technologically grounded procedural due process, and First Amendment case law, this paper demonstrates the limitations of existing intellectual property and liability frameworks. In addition, the paper examines the newly emerging issues associated with the 2026 "Agentic Era," which entails persistent learning algorithms and irreversible autonomous behaviour. The research concludes that the discussion about granting legal rights and responsibilities to AI should move away from the hypothetical questions regarding whether an artificial agent can be considered a "person" and focus instead on implementing the notions of "Artificial Conduct" and "Agentic Accountability." The paper’s main findings point to the notion that while the United States defines its citizens as consumers in a competitive global economy, India designs its citizens as sovereign individuals who need protection via digitally enabled utilities. Overall, this paper supports the idea of combining a value-driven approach with innovation.},
        keywords = {},
        month = {May},
        }

Cite This Article

SHARMA, A. N. (2026). AI RIGHTS AND REGULATIONS LESSONS FROM AMERICAN FRAMEWORKS FOR INDIA’S AI GOVERNANCE STRATEGY. International Journal of Innovative Research in Technology (IJIRT), 12(12), 2688–2707.

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