Algorithmic Governance and Gig Work: Rethinking Labour Rights Through Digital Constitutionalism

Abstract

The rapid expansion of the gig economy in India has transformed the nature of work, employment relations, and labour governance. Digital platforms such as ride-hailing, food delivery, and logistics companies rely heavily on algorithmic management systems that control work allocation, performance evaluation, remuneration, and termination of gig workers. While these platforms offer flexibility and income opportunities, they also create new forms of precarity, surveillance, and power asymmetry. In recent years, legislative developments such as the Code on Social Security, 2020 have formally recognized gig and platform workers within the legal framework. However, this recognition largely adopts a welfare-oriented approach and falls short of granting enforceable labour rights or addressing the structural vulnerabilities created by algorithmic governance. The paper argues that mere statutory recognition, without substantive rights and procedural safeguards, is insufficient to meet the constitutional guarantees of dignity, equality, and livelihood enshrined in the Indian Constitution. Drawing upon the concept of digital constitutionalism, the paper situates gig workers as constitutional subjects whose rights are increasingly shaped by private digital platforms exercising quasi-sovereign power. It critically analyzes how algorithmic opacity, automated decision-making, rating-based exclusions, and unilateral deactivation practices potentially violate Articles 14, 19(1)(g), and 21 of the Constitution. It argues for a rights-based reimagining of gig worker protection grounded in constitutional values rather than discretionary welfare schemes. By reconceptualizing gig work through the lens of constitutional dignity and digital constitutionalism, this paper contributes to ongoing debates on the future of labour rights in the digital economy and underscores the need for constitutional oversight in regulating algorithmic work in India.