India's "Techno-Legal" AI Framework Aims to Balance Innovation and Safety

The framework integrates legal safeguards, technical controls, and institutional mechanisms to ensure trusted AI development, according to the Office of Principal Scientific Advisor to GoI press release.

'Strengthening AI Governance Through Techno-Legal Framework' outlines a comprehensive institutional mechanism to operationalise India's AI governance ecosystem, emphasising that the success of any policy instrument depends on its effective implementation.

The proposed framework aims to strengthen the broader AI governance ecosystem comprising industry, academia, government, AI model developers, deployers, and AI users.

Central to this initiative is the establishment of the AI Governance Group (AIGG), chaired by the Principal Scientific Adviser. This group will coordinate between various government ministries, regulators, and policy advisory bodies to address "the current fragmentation in governance and operational processes".

Within the techno-legal governance context, this coordination aims to establish uniform standards for responsible AI regulations and guidelines. The AIGG will be tasked with "promoting responsible AI innovation and the beneficial deployment of AI in key sectors" while identifying regulatory gaps and recommending necessary legal amendments.

Supporting the AIGG is a dedicated Technology and Policy Expert Committee (TPEC) to be housed within the Ministry of Electronics and Information Technology (MeitY). This committee will pool multidisciplinary expertise from areas such as Law, Public Policy, Machine Learning, AI safety, and cybersecurity.

According to the white paper, the TPEC will assist the AIGG on matters of national importance, including global developments in AI policy and emerging AI capabilities.

The framework also introduces the AI Safety Institute (AISI), which will serve as the primary centre for "evaluating, testing, and ensuring the safety of AI systems deployed across sectors". The AISI is expected to support the IndiaAI mission by developing techno-legal tools to address content authentication, bias, and cybersecurity. It will generate risk reports and compliance reviews to inform policy decisions while facilitating cross-border collaboration with global safety institutes and standards-setting bodies.

To monitor post-deployment risks, a national AI Incident Database will be established to record, classify, and analyse safety failures, biased outcomes, and security breaches nationwide. This database will draw on global best practices, such as the OECD AI Incident Monitor, but remains "adapted to fit India's sectoral realities and governance structures."

Reports for this database will be submitted by public bodies, private entities, researchers, and civil society organisations.

The white paper further advocates for voluntary industry commitments and self-regulation. Industry-led practices, such as publishing transparency reports and conducting red-teaming exercises, are highlighted as vital for strengthening the techno-legal framework.

The government plans to offer financial, technical, and regulatory incentives to organisations that demonstrate leadership in responsible AI practices. Through these measures, the emphasis remains on "consistency, continuous learning and innovation" to prevent siloed approaches and provide clarity to businesses.

- ANI