Thread by @iam_anandv

So @HuffPostIndia thinks that the SC could halt the rollout of Aadhaar, but that is only half accurate. I will explain why.

Link: huffingtonpost.in/entry/india-aa…

1. Any court in India, has no real power. The real power lies with the executive/state. A court order only works if the executive pushes it with the power of the state. Sure there is contempt proceedings. But that also depends on the court and the executive.

2. Courts only issue contempt, if they know that it will make the executive respond. But what if they know, it will be ignored? They keep quiet. That is pretty much what happened on #Aadhaar.

3. So why do executive/state can ignore the court?

4. Simple answer: In electoral democracy, winning an election means legitimacy. And winning a popular vote means *More legitimacy*. Courts hence know that issuing an order that will be ignored undermines it's own legitimacy and hence sense *popular will*.

5. So if most of the population is against a particular law/direction/notification of a government, then they are more confident about the govt. following it's orders because *popular will* will ensure that the order will be followed in the ground.

6. Now #Aadhaar is a complex case.
(a) Is the population against it?
(b) Does the project have popular will for it?
(c) Will the govt. follow it's orders, if it says restrict?

All this matters, apart from the constitutional aspects.

7. So in a way, the court needs the people *much much more* than the *people need the court*, for it to be relevant. All the court has is popular legitimacy and not real power. Real power lies with the people who loan it to the govt. of day for 5 years.

8. So irrespective of what the court rules, ultimately it will boil down to what the people want.

9. This is why the savings lies and so called independent studies like @StateOfAadhaar tried to create. "X% of people want Aadhaar".

10. It is why it was important to bust these.

11. Same thing will happen on Surveillance architecture as well. Is this what people want?

Ultimately that is the #Aadhaar question. Do people of this country want a different constitution, where pervasive all-encompassing surveillance is the norm?

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