Can Modi do what Trump does?
Many people are asking why Modi does not do what Trump does about illegals. There are BIG reason - the Supreme Court of India. Let me explain.
Like the US, India too suffers from problem of illegal immigrants. We have by the millions and they are from the subcontinent - mostly from Bangladesh and few from Pakistan. Then there is a special group of notorious illegal immigrants the Rohingyas. All three groups are essentially Islamic and intent to change the demographics of this country and are a threat to India. Because of their strength of numbers, the 2.5 front threat that Gen. Bipin Rawat spoke of, is now closer to a 3 front threat. So naturally the question is why does Modi not do what Trump is doing?
This will give you an idea
This has been a HUGE problem.
In the US the President has the powers beyond the jurisdiction of the US Supreme Court (SCOTUS) but not beyond the scrutiny of the US Congress (both or either houses).
In India, everything the Prime Minister AND the Parliament (equivalent to the US Congress) do comes under the scrutiny of the Supreme Court. This is partly required and partly a result of the judicial overreach.
It is required because of the way the Indian Parliament (Legislature) and Government (Executive) are not entirely as separated as the US is. While not the design, in actual effect, the Indian Executive is the real Administrative machinery and the Government is actually an agency of the Parliament.
However, the Supreme Court of India has abrogated certain powers that it was not granted. Consider, for instance, when India signs some International accord but does not pass the relevant law. In this case, the SCI has inferred that GoI intends to create that law and hence creates some draft guidelines for the same. This has been done for POSH, CRZ guidelines, etc. The fact that GoI has not passed the law may also mean that GoI intends to defeat or deny the treaty it signed on the global forum. The GoI may have been forced to be a signatory because of geopolitical pressure. But the SCI does not consider this and blithely oversteps its bounds. I take this example as it is widely taught in law schools across the country.
The government is not entirely blameless. The GOI has often hidden behind the SCI and fired from the shoulders of the judiciary. This gives the SCI enough confidence to disregard the bounds of Constitutional propriety and any moral turpitude arising from being the custodian of the Constitution.
Indian reformers, particularly Indian Judicial reformers, are like the biblical Samsons after his haircut. We have to watch the depravity with the hope that maybe our hair will grow back for a brief instance so that we may drain this swamp.
And, unlike the US, India is the only "democracy" that has an unelected judiciary. The collegium is a joke and just because of it, the SC doesn't even deserve any respect till they scrap it. They are not legislators, and they do not have the powers of legislation, but behave like they do at times. Honestly, the governments (all of them) have been rather stupid on this front and haven't taken any necessary action. These things are far easier to fix than people think, but as you said, it's probably because they're firing certain rounds off each others shoulders. It's high time, the judiciary get indigenized instead of continuing in the British behaviour and spirit they were created in. The fact that the SC only operates in 'English' is actually the biggest shame on themselves (enough for them to go and drown in "chullu bhar pani". Despite whatever they're doing, they continue to remain a joke. I'd like to see a private company work with the same records and survive as an organization.