LAUSR

Abstract:For more than seven decades, India’s Constitution has provided a framework for liberal democracy to flourish in one of the world’s most diverse societies. Legal changes and shifts in bureaucratic practices, however, have undermined central tenets of the prevailing order. In today’s India, the assent of the people is both necessary and sufficient to justify all forms of state action. This article outlines three manifestations of India’s new constitutionalism—the “ethnic state,” the “absolute state,” and the “opaque state.” These distinct, yet overlapping faces of the Indian state have undermined the rule of law, equal citizenship, checks and balances, and democratic accountability.