The rapid evolution of digital technologies, cross-border data flows, and artificial intelligence has fundamentally transformed the relationship between individuals, states, and private corporations. Traditional constitutional frameworks, historically designed to regulate territorial state power, are increasingly challenged by transnational digital infrastructures operated by multinational technology companies and algorithmic systems that transcend geographical boundaries. This paper examines the emerging concept of digital constitutionalism as a normative and legal framework intended to safeguard fundamental rights in the digital age. It critically analyses how constitutional values such as privacy, freedom of expression, equality, due process, and democratic accountability are being reshaped by global data governance and artificial intelligence.

The paper studies the rise of digital constitutionalism through comparative constitutional jurisprudence, international legal developments, and statutory frameworks including the General Data Protection Regulation (GDPR), the Indian Digital Personal Data Protection Act, 2023, the Artificial Intelligence Act of the European Union, and emerging global governance models. Particular emphasis is placed upon the challenges posed by transnational data transfers, surveillance capitalism, algorithmic discrimination, and platform governance. The research further evaluates landmark judicial decisions from India, the United States, and the European Union that have contributed to the constitutionalisation of digital rights.