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Indian democracy, with its vitality, resilience and blemishes, is puzzling. 1 Many democrats and human rights activists around the world and in India itself, find it hard to reconcile the country’s democratic achievements with its tragic failures. Over the years, sporadic but terrible attacks on members of minority communities, desecration of places of worship, pogroms, sometimes in connivance with employees of the state, the persistence of deep pockets of poverty and violent separatist movements have put a large question mark on the quality of Indian democracy. Balancing these, on the other hand, one can see irrefutable evidence of a vibrant electoral process, judicialization and social movements which hold the government accountable. 2 Several successful constitutional and legislative measures have helped promote the upward mobility of the lower social strata. Many find this mixed democratic record enigmatic. India’s democracy is counterfactual 3 in the sense that conventional theories of democracy, based as they are on the preconditions of high literacy, equality and prosperity that did not exist in India at the start of the transition to democracy and its consolidation, do not

The dialectic of politics and law and the resilience of India’s post-colonial governance: Ultima ratio regum?