Modi powered back by Hinduvta

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Mukhtar Ahmed Butt
Mukhtar Ahmed Butt : The writer is a freelance journalist and defence Analyst.

As expected Prime Minister Nirander Modi has won Lok Saba elections with thumbing majority that shall allow him to rule India for one more term. If one carefully looks at his manifesto it was based against Pakistan enmity and crushing people of occupied Kashmir and overall hatred policy against Muslims in India. Abrogation of Article 370, annulling Article 35 A, passing citizenship amendment bill and forming triple Talaq Law hit Muslims and Kashmiris below the belt.
What is Article 370 of the Constitution of India? Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article 370 altogether. After the J&K Constituent Assembly later created the state’s constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.
In December 2016, the Supreme Court of India set aside a judgement of the High Court of Jammu and Kashmir which stated that Jammu and Kashmir had “absolute sovereign power” on account of Article 370. The Supreme Court held that the state of Jammu and Kashmir has “no vestige” of sovereignty outside the Constitution of India and its own Constitution is subordinate to the Indian Constitution. The Court upheld the applicability of SARFAESI Act to Jammu and Kashmir as it was under the Union list of subjects for which the Indian Parliament is empowered to enact laws for the whole of India, including Jammu and Kashmir
Article 35A of the Indian Constitution is an article that allows the Jammu and Kashmir state’s legislature to define “permanent resident” of the state. It was added to the Constitution through a situationary Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued by the President of India on 14 May 1954, exercising the powers conferred by the clause (1) of the Article 370 of the Indian Constitution, and with the concurrence of the Government of the State of Jammu and Kashmir
The High Court of Jammu & Kashmir in this regard, while delivering a judgement on 16 July 2015, Parliament has no power to legislate law about the subject’s administration of justice, the land & the other immovable properties. Apparently there is no hurdle for Modi to do away with the clauses and amend constitution as he desires. But Supreme Court of India has ruled that any act of parliament that is in conflict with the basics of the constitution can be struck especially when J&K enjoys special status.
Now coming to recent Indian elections Modi and his allied parties have secured 350 seats out of 542 seats giving him authority to do anything without any difficulty. It is on record India opposed partition and Pakistan as independent sovereign state and that narrative is still alive as a result the two neighbors have never been comfortable with each other. The entire world knows that how India through military occupied Kashmir that resulted in war between the two countries in 1948 and when India was losing battle approached UN and ceasefire took place by dividing Kashmir in two parts and India giving undertaking of holding plebiscite in occupied Kashmir allowing Kashmiris to decide their fate. Apart from this India’s enmity with Pakistan is no more a secret, hardly few months back both countries were at the verge of war but good sense prevailed as a result calm prevailed due to good diplomatic gesture by Pakistan in releasing their captured pilot without any preconditions. Whatever methods Modi employed to win the elections are now immaterial the fact remains he has won the elections with majority on the basis of enmity with Pakistan. But since he has entered in his second term so he has to show some flexibility to make a fresh beginning with Pakistan. Prime Minister Imran Khan has congratulated Modi on his grand success and offered peace olive, which has been reciprocated by Indian PM. But statement issued by Indian Ambassador in US that India shall not enter in to any dialogue until Pakistan ends terrorism is not in good taste. Pakistan has almost cleared all pockets occupied by terrorists from the country except isolated acts being done through enemies of Pakistan with local support and peace prevails everywhere and duly acknowledged by world at large. It is hoped that Modi after taking oath will be a changed person with positive mind and would start dialogue with Pakistan on core issue of Kashmir so that region turns in to peaceful paradise.