The anti-multicultural Opposition in Malaysia, rooting for the past, should note that there are parallels with Narendra Modi’s India, both being Commonwealth jurisdiction, as ex-British Empire territories, based on the rule of law!
Commentary And Analysis . . . Those who have been saying that Prime Minister Narendra Modi was Hindutva fanatic and that India was Hindu Rashtra, extremist, and anti-Muslim, were proven wrong on 4 June as the rule of law triumphed. The 85 per cent Hindu majority in India did not put all their votes under one political platform. There are parallels here with Malaysia on GE15 in late November 2022.
Caretaker Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP), in coming in with 240 seats, failed in winning simple majority of 272 seats on his own. Allies in the ruling coalition will make up the rest of the numbers.
The question that arises was whether Modi and Alllies are on the same page, or whether the latter will hold him for ransom. The plus point, in the Allies being the proverbial tail wagging the dog, was in the best democratic traditions based on the rule of law.
BJP lost 63 seats while the India National Congress, the next single largest party, gained 47 seats and came in with 99 seats. The Opposition, on paper, can try and cobble together simple majority through coalition, but convention was against the President inviting them on formation of government. In any case, there would be too many parties in the Opposition for coalition.
Narendra Modi
India, Modi or no Modi, remains about the rule of law, the basis of the Constitution. In law, there can be no discrimination save as provided by law under sunset clause which must have expiry date. All are equal under the law. There’s no one above the law.
No court will go into conventions, i.e. the working of the Constitution, and/or prerogative and discretionary powers of government and management, or Decree of the head of state on Freedom, Pardon or house arrest. These are not law. The court has no jurisdiction (authority). These are not matters for judicial consideration and resolution. The court of law remains only about law.
The right of judicial review remains on decisions, made by the government, on procedures. The judicial power of the Federation, even if taken away by Parliament, remains with the judiciary.
Those who alleged that Modi and Hindu were fanatics can either accept the rule of law or leave India.
There cannot be 3rd wannabe Islamic state in the Indian subcontinent after Pakistan in 1947 and Bangladesh in 1971. Already, Bangladesh has dropped Islam from the Constitution. Ironically, both Pakistan and Bangladesh are about the rule of law, just like giant neighbour India, although Islam permeates the local politics as in Malaysia.
Rule Of Law
The High Court in Islamabad, in novel development in law, conceded that Pakistan-occupied Kashmir (POK) was foreign territory. India has since demanded, in upholding the rule of law, that Pakistan and China end the occupation of land in India.
Islam, as the Saudi King told then Prime Minister Imran Khan of stillborn Islamic state Pakistan, entered the Indian subcontinent i.e. it was from outside.
It’s true that India can only be Hindustan, as codified by the Mughal Emperor, but not only for Hindu, as Modi 2024 shows.
India will never be theocracy despite the population being 85 per cent Hindu and privately pledged on Sanatana Dharma, the civilisational values of ancient India. It’s secular state.
The Mughal Emperor, in codifying Hindu as administrative term, discovered that there was no God the Creator in Hinduism, the way of life being about local practices which varied from place until place.
Spiritualist, mystic and yogi SadhGuru has YouTube video where he pointed out that “India was the most godless country in history”. Even so, the people have always felt from ancient times that there was great spirit — paramatma — which permeates everything. There was one spirit, i.e. form of feeling, and no my spirit, and no your spirit.
Einstein said that Buddha found what he was looking for and came the nearest for science. That may be stretching the truth more than little bit. All our science, being Word of God i.e. eternal laws based on eternal truth, are about illusions. Buddha realised, during enlightenment, that reality does not exist. There was no work in nothingness — eternal bliss, heaven, nirvana — on the nothing side where the great spirit permeates as well.
Colour Blind
The Constitution, Parliament and court of law — all colour blind institutions — can’t get into “race”, religion, theology, DNA and geographical origin, among others.
The rule of law remains the basis of the Constitution.
There’s greater emphasis on the spirit of the law in the rule of law, the basis of the Constitution, albeit read with the letter of the law.
The greater emphasis on the spirit of the law trumps the letter of the law.
The letter of the law, by itself, isn’t law.
It isn’t possible that anyone knows law.
It’s the court of law that upholds the rule of law.
The court of law isn’t about truth or justice.
It’s only about law.
The court isn’t about ethics, moral values, civilisational values, theology, sin, God, or righteousness.
Anti-Multiculturalism
The anti-multicultural Opposition in Malaysia, rooting for the past, should take note that there are parallels with India, both being Commonwealth jurisdiction, as ex-British Empire territories, on the rule of law.
It’s true that the court in Malaysia doesn’t even mention the rule of law. It may fall back on the letter of the law, by itself, and act with impunity.
The Malaysia government, which pays lip service on the rule of law, falls back on prerogative and discretionary powers — not law at all — and acts with impunity.
We can recall Chief Justice (CJ) Richard Malanjum, in farewell address in 2019, where he more than implied that Malaysia wasn’t always about the rule of law. He failed in persuading the legal fraternity and the court that “the letter of the law, by itself, cannot be passed off as the rule of law”.
Again, Rule BY Law, as in letter of the law by itself, isn’t law. There’s no democracy, it’s dictatorship, it’s rule by Man, and law of the jungle where anything goes.
Human Relationship
If the nature of human relationships needs regulating, it can be done by the rule of law and/or by other approaches like out of court settlement based on the rule of law and recorded by the High Court, and/or by other approaches like war i.e. the continuation of politics by other means.
No war lasts forever.
All wars eventually end at the negotiation table, for out of court settlement, and recorded by the High Court based on the rule of law.
India, no matter who comes and goes in New Delhi, has been consistent on foreign policy.
There are parallels here with Washington.
Self-proclaimed leading Independent candidate on US 2024 Dr Shiva Ayyadurai explains in YouTube video that Washington has always been about the lesser of two evils. Dr Shiva, untouchable from India in his own words, has been recognised as scientist and systems engineer and holds patent rights as the inventor of intellectual property right registered as “EMAIL”.
Illegalities
India will not be party to illegalities like pitting one country against another. India remains the only nation on Earth which can persuade America, based on the rule of law, for restraint on China.
Trump, on a separate but related matter, said that India was the only nation on Earth which can “put China in its place”.
It’s true that unlike China which lies open and exposed, geography being unkind, India has defensible borders. Chins owns no water. Borders, under international law, must be defensible. Otherwise, as seen in Ukraine where Russia seeks buffer zone with NATO, the international community would be helpless.
The law of conquest, under international law, exists when there’s unprovoked war. The right of self-defence, under international law, remains another form of protection at the risk of being party for illegalities like genocidal activities.
Pacer Nation
The reality remains that India, with 1.4b people and diaspora in 210 countries, has always been pacer nation. It can pace any earthly nation on anything, thereby conserving energy, and beat the sxit out of them.
It was Trump who included India in the global security framework as the most important country after America. The others, in order of importance, were China, Russia and Japan.
Trump said Ukraine would not happen if Biden had not dropped Russia from the global security framework. Biden also brought back NATO for offence and revived the war-mongering UK-US Special Relationship. Trump has sworn that the war in Ukraine would end in 24 hours if he becomes President again on 3 November 2024.
India remains unhappy that the US-led QUAD, initiated by Trump, covers the Indian Ocean as well in the Indo-Pacific War Theatre. QUAD excludes China and Russia but includes Australia.
If there must be regime change in China, based on the rule of law, India — unlike America — isn’t pushing for it.
The people of China have lost sovereignty — ownership — since the Long March of the CCP (Chinese Communist Party) in 1949. That doesn’t mean that Xijinping should be hanged, like Saddam Hussein in 2006, for restoration of sovereignty. However, it’s true that small unelected group holds absolute power in China. There’s no consent of the governed for legitimacy.
The onus remains on the international community, under international law, if there are any human rights violations anywhere in the world. Human rights, the basis of international law, has force of law arising from international customary practices. — NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.
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