Within comparative constitutional law, there is an emerging consensus that political fragmentation has weakened political parties and hindered the functioning of legislative bodies.

As India commemorates the seventy-fifth anniversary of the country’s independence from the British Raj, one question above all strikes at the heart of democracy’s uncertain future: who belongs in today’s India?

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 the rule of law, equal citizenship, checks and balances, and democratic accountability.

The exceptions to the right to privacy, which was affirmed by the Supreme Court of India’s recent verdict, offer a clue into the realistic chances of survival for Aadhaar.

Seventy years ago, independent India was born. Having shaken off the yoke of the British Empire, the country embarked on what was—and remains—the world’s most radical democratic experiment.

Over time, the Supreme Court of India has evolved from being a court of law to a major institutional actor in the political arena.