India is an increasingly important player in the digital space. It already boasts a considerable IT service class which has been effectively channelling the global outsourcing economy. India also maintains a massive and highly-skilled workforce and an ecosystem ripe with start-ups. The Indian government, has, for decades, encouraged and supported strong digital innovation.

India has, since the early 1990s, maintained its place as the preferred business and knowledge process outsourcing destination globally. Such a position is due to the stability of its tech space. India’s current position gives a positive indication that it will continue to maintain its prominence in the digital space, further adapting to emerging technologies such as artificial intelligence (AI). India is eager to make headway in the digital space, referring to the upcoming decade as the country’s ‘techade.’ Accordingly, India has created the second most jobs in IT worldwide over the past two decades. This trend is likely to continue as the demand for AI-related skills in the Indian job market continues to grow ‘exponentially.’

Despite these positive developments, India’s paucity of legislation in the digital realm and concerning developments regarding the rule of law in the country pose significant risks to its digital ambitions. The precarious developments regarding the rule of law increase the threat that the regulation of the digital space will also be affected. Even significant legal decisions are made by passing ordinances in ‘non-deliberative executive action[s]’ to avoid parliamentary debate and opposition. This is just one of many trends, which deeply concern legal scholars.

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