Facial Recognition Surveillance and the Indian Constitution: A Critical Analysis of Privacy, Equality & State Power

One of the most invasive types of digital surveillance is facial recognition technology (FRT), which allows for the automatic, real-time identification of people in both public and private settings without their consent. India is aggressively using FRT in law enforcement, transportation, crowd monitoring, digital governance, and border management, despite being a constitutional democracy dedicated to the rule of law. The establishment of projects such as the Delhi Police’s facial recognition system, the automated Facial Recognition System (AFRS) proposed by NCRB, and state-level “Smart City” surveillance frameworks raised major concerns about mass surveillance, data extraction, exclusion, and algorithmic discrimination.. Unlike jurisdictions such as the European Union which set significant limitations on biometric processing, India lacks a dedicated statutory framework to oversee FRT, notwithstanding the Supreme Court’s admission of the basic right to privacy in K.S. Puttaswamy v. Union of India. This paper argues that unchecked FRT offers structural risks to fundamental rights protected under Articles 14, 19, and 21. It does this by critically examining the constitutional implications of FRT through the lenses of privacy, equality, due process, and state authority. The study combines doctrinal, analytical, and jurisprudential methodologies to explain how FRT enhances state authority asymmetrically, erodes privacy in public areas, fosters prejudices, and bypasses procedural safeguards. The paper's conclusion proposes a rights-based regulatory strategy based on necessity, proportionality, openness, algorithmic accountability, and independent review to strike a balance between security objectives and constitutional liberties.