Prime Minister Narendra Modi set to take the oath of office on Saturday, following his resignation submission to the President. Modi secured his Lok Sabha seat in Varanasi, Uttar Pradesh, defeating Congress candidate Ajay Rai by a margin of less than 1.5 lakh votes, making him a three-time MP. His government has enacted legislation aimed at realizing its vision of a more centralized administration, stringent anti-terrorism measures, a focus on family values, and a strong emphasis on Hindu pride.
Narendra Modi, On Saturday, will be sworn in as the Prime Minister of India for a third term, making him the first leader since Jawaharlal Nehru to serve three consecutive terms in the country’s top political office. Prior to the ceremony, Modi submitted his resignation and that of his cabinet to President Droupadi Murmu, who then requested him to continue in his role until the swearing-in.
In the recently concluded general elections, Modi’s Bharatiya Janata Party (BJP) secured 240 seats, falling short of the 272-seat majority mark. However, the party’s National Democratic Alliance partners won an additional 53 seats, allowing the coalition to form the next government.
Modi himself retained his Lok Sabha seat in Varanasi, Uttar Pradesh, defeating his Congress party rival Ajay Rai by a margin of less than 150,000 votes. This will be his third term as a Member of Parliament from the temple town.
Earlier today, Prime Minister Narendra Modi, who last evening announced that the NDA would stake a claim to form the government for a third consecutive term, describing the election results as a “victory of the world’s largest democracy,” chaired the Union Cabinet‘s final meeting of this term.
The BJP had set an ambitious goal of securing 370 seats (over 400 with NDA partners), but they were challenged by the Congress-led INDIA bloc. The opposition alliance secured 232 seats, delivering a remarkable performance that defied exit poll predictions and significantly cut into the BJP’s advantage in crucial states. Despite these setbacks, the BJP managed to emerge as the single-largest party once again, thanks to strong results from Odisha (20 out of 21 seats), Andhra Pradesh (21 out of 25), Madhya Pradesh (29 out of 29), and Bihar (30 out of 40), which helped compensate for losses in other regions.
Notably, the BJP achieved a breakthrough in Kerala, winning its first-ever Lok Sabha seat in the southern state. The party historically faced challenges in the south, but the results in Kerala and Andhra Pradesh, along with doubling its tally in Telangana to eight seats, indicate a shift. However, the BJP did not win any seats in Tamil Nadu for the second consecutive election, with the ruling DMK and INDIA bloc allies sweeping all 39 seats.
Addressing an enthusiastic crowd at the party’s Delhi headquarters on Tuesday night, the Prime Minister expressed gratitude to the people of India for their continued support. He said,
“The people of India have ‘placed their faith’ in the NDA for the third time, I bow to the people for this affection and assure them we will continue the good work done in the last decade to keep fulfilling aspirations.”
Mr. Modi also highlighted Telugu Desam Party leader Chandrababu Naidu and Janata Dal (United) chief Nitish Kumar, acknowledging them as influential, veteran politicians from the coalition era who are now regarded as kingmakers.
Since the Bharatiya Janata Party (BJP) came to power in 2014 under Prime Minister Narendra Modi, the Indian legal landscape undergone significant transformation, more so than under any previous government in decades. This highlights the reality that in a parliamentary democracy, achieving your vision and goals necessitates passing legislation to enact your agenda. The BJP’s initiatives included enhancing the power of the central government, implementing a more stringent and national security-focused criminal code, modernizing personal laws, and pursuing either legislative or judicial strategies to reclaim ancient Hindu temples on sites currently occupied by mosques.
In recent months, the pace of these legal changes has accelerated, likely because the BJP government aims to secure more achievements for its platform before the upcoming general elections. Here are some of the key laws and court cases currently shaping India’s legal landscape.
In Re: Article 370 of the Constitution:
In 2019, the Modi government abrogated Article 370 of the Indian Constitution, effectively revoking the special status and autonomy of Jammu and Kashmir, and converting the state into two union territories, Jammu and Kashmir, and Ladakh. On December 11, 2023, the Indian Supreme Court upheld this decision in the case “In Re: Article 370 of the Constitution,” while directing the government to restore the statehood of Jammu and Kashmir as soon as possible.
This ruling is significant because it not only validated a key policy of the government, which the BJP had long championed, but also strengthened the central government’s authority over the states. Critics accused the court of rubber-stamping the government’s decision, but the extensive 476-page judgment suggests a more nuanced view.
The court argued that Article 370, a temporary measure meant to facilitate Jammu and Kashmir’s integration with India, asserting that the state did not retain sovereignty after joining India in 1948. Additionally, the court upheld and qualified Indian federalism, stating that states do not derive their powers from or depend on the Union Government.
Ultimately, the judgment affirmed that the central government and Parliament hold the authority to create, combine, divide, and merge states, provided that any new entity retains its “character as a State.”
Indian Justice Code (Bharatiya Nyaya Sanhita):
The Bharatiya Nyaya Sanhita (BNS), or Indian Justice Code, replaced the Indian Penal Code (IPC) of 1860 in December 2023. While advocates sought “decolonization” of Indian law, the BNS maintains much of the IPC’s framework, like criminal defamation and a shift from sedition to treason.
Despite debates on its necessity, the BNS enhances law and order by adding new crimes and stricter punishments, including economic terrorism and mob lynching bans, addressing mental cruelty against women, and penalizing false marriage promises with up to ten years in prison to uphold traditional values.
Uttarakhand Uniform Civil Code Bill:
The Indian Constitution mandates the implementation of a Uniform Civil Code (UCC), a longstanding agenda of the BJP, which aims to unify personal laws across religions, including matters like marriage, divorce, and inheritance.
On February 7, 2024, Uttarakhand became the first Indian state to pass the UCC Bill, seen as a test for national implementation. The code blends modernization and traditionalism, applying uniformly to all religious groups and genders, banning practices like polygamy, child marriage, and triple talaq, yet it sets marriage ages at 21 for men and 18 for women without explanation. It frames relationships as social stability pillars, disallowing no-fault divorce and permitting marriage dissolution due to religious conversion. Notably, the UCC mandates registration of live-in relationships, with fines for noncompliance and possible denial of certification, sparking privacy concerns among legal experts.
The Places of Worship (Special Provisions) Act, 1991, and the Gyanvapi Mosque:
Following the completion of the Ram Mandir in Ayodhya, efforts are intensifying to restore two other ancient Hindu temples now occupied by mosques: the Gyanvapi Mosque in Varanasi and the Krishna Janmasthan Temple in Mathura. Activists are particularly focused on the Gyanvapi Mosque, originally the Kashi Vishwanath Temple, the holiest Hindu shrine.
While the Places of Worship (Special Provisions) Act, 1991, prohibits altering the character of religious sites as they were in 1947, there are four potential legal paths for Hindus, amending the act, exploiting loopholes, challenging its constitutionality, or reinterpreting it through litigation. The latter is most likely, given recent court interpretations and the political support for Hindu petitioners. This strategy could lead to a legal framework favouring Hindu claims, potentially enabling the construction of a temple at the Gyanvapi site.
As PM Modi prepares to take the oath of office again, the BJP’s legal and policy changes continue to shape the future of India. The upcoming term will likely see further efforts to implement the party’s vision for the country, navigating both support and opposition. The political and legal strategies adopted by Modi and the BJP will have lasting implications for India’s governance and its socio-political fabric.