Vox Populi, Vox Dei the voice of people is the voice of god. The Indian Constitution, which is the fountain source of all Indian laws itself acknowledges the fact, that the people’s opinion reigns supreme. Article 395 of the Constitution is the most apposite testament to this. The act repeals the Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act. What this entailed was that the power of the Indian Constitution flowed from the will and consent of the Indian people and not any act enforced by the Imperial government.

To understand the power dynamics in a democracy, it is essential to first understand as to what exactly constitutes political authority in a democracy. In a democracy political authority is exercised by the government that is established by following the procedure established by law.

In order to garner legitimacy, political establishments carry out free and fair elections adhering to the principle of universal adult franchise. 

Why Is Legitimacy Indispensable for a Democtactic Government 

Legitimacy transforms the political power into a political authority, which is indispensable since compelling obedience is a right of a legal authority. In case of non compliance to the orders of  a legal authority, any retributive action taken is backed by a legal sanction and is judicially tenable. However, political power is plainly based on the ability or capability on the part of the holder to make others do or not to do something, without any legal sanction.

Canons of Legitimacy

Legitimacy is not only based on lawfulness but also rightfulness. 

The rightfulness of an authority is judged on three yardstick.

1. Just
2. Beneficial 
3. Good

Rightfulness is highly subjective, however, consent of people is the very fundamental requirement for conferring legitimacy on a government. 

In case the very existence of a government is perceived as unrightful by the people, they can take recourse to the available legal avenues to get justice. However even if the available legal avenues are exhausted without a satisfactory outcome, the populace can resort to breaking the law, which is an extreme step. If such a drastic step is undertaken it will lead to anarchy and consequently the government will capitulate. The Indian freedom struggle has a perfect example to embody this concept. Finding the high taxes levied on a basic necessity such as salt a draconian act, Mahatma Gandhi seeked legal recourse, appealing to the government, and sending petitions. However when all his legal avenues were exhausted and the government did not pay heed, he took the drastic step of breaking the law by making salt himself. This act subsequently gave rise to the civil disobedience movement and consequently played a very important role in the Indian Freedom Movement.

Hence, it can be concluded that the consent of the people in the form of free and fair elections renders legitimacy to the political authority in a democracy allowing them to enjoy a stable and secure tenure as opposed to force and coercion which ultimately leads to anarchy and capitulation of the government.