FACIAL RECOGNITION, STATE SURVEILLANCE AND THE RIGHT TO PRIVACY IN INDIA: A CONSTITUTIONAL ANALYSIS WITH REFERENCE TO THE EU AI ACT

“Delhi Police told the Supreme Court its facial recognition system flagged 2,873 people with criminal records at protest, assured no action without verification. An Express verification shows at least 25 on that list, facing serious charges, were in jail.” As echoed by The Indian Express on 4 September 2026, this incident highlights the constitutional challenges posed by facial recognition technology and unchecked state surveillance. The increasing use of real-time biometric surveillance in India raises concerns regarding wrongful identification, mass monitoring, and violations of Article 21 of the Constitution. This paper examines India's legal framework in light of the landmark K.S. Puttaswamy v. Union of India judgment and compares it with the European Union's AI Act. It argues that public safety cannot justify unrestricted biometric monitoring and proposes clear statutory rules, judicial authorisation for intrusive surveillance, independent oversight, and effective remedies to protect privacy and individual liberty.