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- เผยแพร่เมื่อ 14 ม.ค. 2020
- The Pinarayi Vijayan-led LDF government in Kerala, on Tuesday, moved the Supreme Court against the Citizenship Amendment Act (CAA), a first by any state government. They sought that the act be declared as violative of the basic structure-principle of equality, freedom and secularism. The Kerala Assembly was also the first in the country to pass a resolution against the Act. The CAA grants Indian citizenship to non-Muslim minorities who migrated to India from Afghanistan, Pakistan and Bangladesh, following persecution over their faith. The Kerala government has said in its suit that there is no rationale in grouping together the three countries for the purpose of the CAA. In its suit, the state referred to Article 131 of the Constitution. On this edition of the big picture we will take a closer look at Article 131 and special powers of the Supreme Court.
Guests - P K Malhotra, Former Secretary, Ministry of Law and Justice, GoI,
Satya Prakash, Legal Editor, The Tribune,
Aishwarya Bhati, Advocate, Supreme Court,
Anchor - Frank Rausan Pereira
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Missing Sai Deepak. He has the whole Constitution imbibed in him and the powers of interpreting it in such a dynamic and diversified way which makes his words overwhelming to hear
@arnab konar, he just keeps blurting legal rule & subrules without taking a stand. Glad hes not here
@@romakalra1175 than you are either Muslim or communist or librandas
@@romakalra1175 I dont think this is a platform to take stands. Here issues are discussed with their nuances so that the viewers can understand them better.
@@Rehamkarmuzpemaavaishnodevi you means dear that giving and solving the issue on the base of Constitution than he becomes muslim
@Abdul Althaf and u are?
Welcome back Frank sir ❤️
Where do you find a panelist agreeing with a co panelist, and takes the debate forward.
Happens only in RSTV
No smell of urban naxalism, no party talks, no stupid discussions, no criticising or exaggerating of the issues.
Only knowledge..!!!
Thnks, RSTV
Yes I do agree with you
This was fire. All 3 panelists, very knowledgeable they nailed it.
DISCUSSION was fantastic, hope you will continue this knowledgeable show and help us in building our future.
Welcome back Frank Sir
Thank you Frank sir for coming back to big picture
*148. Article 131*
Original Jurisdiction of Supreme court.
Disputes between: GoI & State or states, between states
When? Dispute involves any question of law or fact on which the existence of legal right depends.
Kerala government has challenged the CAA under Article 131.
Chhattisgarh moves to SC to declare NIA act unconstitutional
Constitutional position
- Schedule 7 determines the centre list, state list & concurrent list. Parliament is competent to make laws in List 1 & 3. Nautralisation & Citizenship falls under list 1.
o Motor vehicle amendment falls under list 3.
- Legality of law can be challenged only under part 3 - FR and are given to citizens against state & not given TO states.
- Article 256 - States are bound to implement law enacted by parliament. States do not enjoy liberty to not follow the law failure of which will lead to breakdown of constitutional machinery.
- If a separate law is available to deal with the issue it won’t be entertained under Article 131. For example, Article 232 deals with water dispute between states.
Way forward:
- Politically motivates pleas should not be entertained in SC rather resolved in political platforms.
- State legislative representatives should speak up in parliament when laws are being passed rather than making hue & cry later.
- For the NIA, can create a list of federal crime to bring in more clarity.
- Federalism is a two way street & either party must respect it.
Shashi Ketan Samal 262 not 232
@@TaskinSingh Thanks for correcting it :)
@shruti ss yes as u said the current amendment (citizenship) is clearly axing the basic structure of the constitution and this should be questioned .
@@vinod8 Reservation also violates basic structure of Constitution regarding equality (art 14) .. but on certain grounds it is honored ... similarly, CAA can be accepted on grounds of providing relief to religiously persecuted minorities of three neighbouring Islamic states.
@@bharatchoudhary540 may be but the government in power is not a secular one,and their hidden ajenda is to build a Hindu nation that's y we people of INDIA is worried about the bill
P K MALHOTRA sir , fantastic discussion . other panelists are also fabulous
Where is Deepak sai...?
He has great knowledge..
My bench for deciding legal matters would be consist of J Saideepak,PK Malhotra,Satya Prakash.
Very healthy discussion......
pk malhotra sir is gem of the show and the point of "legal right" is just awesome,
sir just nailed it!!!
satyaprakash sir also great interpreter!!!
missing j sai deepak sir!!!
and welcome back frank sir!!
This discussion is just awesome and food for thought.. Thanks to rstv and all the panelists
Thanks for subtitles
Aishwarya bhati's points are just on point
Yes
Thankyou 🙏!
Balanced and non partisan view of Malhotra sir indeed reflect the balanced approach on whatsoever issue it is,taking side may sometime cost huge.
Frank sir, aap itane din nahi the to "The Big Picture", "Small Picture" lag raha tha...
Glad to see you again 👍👍
Sometimes I feel that Satya Prakash sir very well interperet Constitution than SC judges.
It could be better if j Sai Deepak sir join this debate.
Satya Prakash sir has taught me in law school, he is an amazing teacher, sparking my interest in constitutional law.
Really missed Sai Deepak sir, Being an Advocate of Supreme Court and on a debte on Article 131, we really missed you sir !!
Satya Prakash nice
Now u get apt and precise, well structured questions and answers
Thank God, you are back Frank sir.
Very well said 👍 PK Malhotra Sir!
Very enlightening. Thanks RSTV 😘
Fantastic discussion very enriching the panelists explained things very well.
Hope one day these type of discussion will occur in our parliament
I just love watching this show. Everyday BIG picture with Frank
Wellcome Frank sir. We're were missing you a lot. One thing that I would say is that please bring some critic to the discussion too. That helps making the discussion more meaningful. At the same time we don't want noise as happening in other channels. Let people be the best judge.
Thanks Rajya Sabha TV for enlightening us through learned scholars. Jai Hind
Very helpful 🥰 malhotra sir 🙏
Welcome back Sir 🙏👑💐
very informative especially by Malhotra sir
Asli kaam toh ye log hi kar rhe hain 🙏🙏🙏🙏
Thanks Rstv for bringing mr Frank back.
Great discussion .
Thank You RSTV👍
Thank you sir
our hero come back MR. Frank sir,I think the issue of NIA LAW on which the chhattishgarh govt has filed a suit before the supreme court to scarp it and i am also missing mr J SAI DEEPAK
Satya praksha sir very nice explains
Hello sir..
Good topic
Extremely informative.
Bhai Bhai, welcome back frank sir.
Aishwarya bhati mam great
Ur Bold sound makes understand better!!
Thank u for this knowledgeable debate!!
wow....grt debate....thank you
Thanks rstv
Good to see u again.....frnk sir
Great discussion
Time has to solve such disputes forever otherwise today some states are crossing their boundaries by not following the parliamentary law then most probably tomorrow they might not follow the apex court's order too..I think state & central government should respect each other so that the law & order situation should prevail..
Awesome panelists thanks Rstv
Pk malhotra sir thanx👏✌👍
Their discussions are really knowledgeable.Thankyou RSTV
Yes, we miss the precious knowledge of j Sai Deepak Sir. But P K Mahlotra sir is very friendly to the viewer they knew that what we can understand and not,
Fantastic discussion...
Superb discussion
welcome back frank sir.
Superb analysis
Things made clear.
Thanks to M. Laxmikant that I can understand this topic and big thanks to RSTV which provide such a great platform to discuss major issue and impart knowledge.
PK Malhotra sir nailed it by distinguishing the legal and fundamental right...
Missing j sai deepak
Hi,
I saw your answer in insights as well :D
Satya and deepak sir are like kohli and rohit.....👍👍👍👍
And Malhotra sir is like sachin ....father of all
what I think is that just like dream cricket team have been selected for the decade just passed, a dream panel of panelist should also be selected.
@@prafullchaudhary6722 🤔🤔🤔👍👍👍👍
Sir please enable subtitles option
Sir plzz fix the sound system there is some disturbing and irritating sound which reduce yhe efficiency of the quality of the sound so plzzz look on it. Thank you for a wonderful analysis of A-131 :)
Such a nice discussion..great learning experience..hope others new channels follow this..instead of unneccessary drama..
Very good topic and wise discussion, it will be much better if any critic Will be there. Sir please think about it.
Yes....Sai Deepak is needed.........
RSTV hero is back😂
Points,
1) Kerala state gvt pass the resolution against CAA under 131 art.
2) Article 131 - special jurisdiction, original jurisdiction. Dispute bw state to state or with union.( others Advisory juridiction133, appalate juridiction)
3) Part 11 - division of powers bw state and union.
4) fact v/s law
5)validity of adhar WB filed petition, art 32 (FR) parliament is incompletent in case of FR.
6)art 256- state gvt bound to implement parliament laws
7) list 1 of 7th schedule
8)law passed by Parliament upheld the law.
9) Art 226
10) parliament can go through legislative competence, ground of maintainability,
it probably an advisory.
11) Motor vehicle act ,list 3, also faced this kind of deadlock.
12)NIA federal crimes.
It's good to see Frank sir
Right to give citizenship is a absolute power of central government. No state can intervene in this matter.
Satya Prakash Sir Thanks Aa.....👍👍
♨️😅.....Thanks RS TV.....Jay Maharashtra.....😅♨️
Frank Thanks.....👍👍
Super lot of info for competitive exam and even for common people those who interested in it
Sai sometimes seem biased
This advocate is good
@@deepikachaudhary4145 i don't care
That last smile of Shree Frank Rausan Pereira has sealed the show! ❤️
Very infrormed and rightly opinionated discussion, thank you RSTV and all the people associated with it any form and all the panelists.
After watching this show and hearing the opinion of experts, it's obvious now that states have no power to block CAA implementation.
Rahul Pandey and they know it too!! Just a political move
Is it unconstitutional ?.... or not ..
@@mpscvlog6709 its not.. Parliament has absolute powers in framing citizenship laws
Really rstv is the best channel of all .
16:18
Most important question 😀👌
Satya prakash seems more well versed with law than sc lawyer Aishwarya Bhati...
hero is back
Plz write subtitle all debates ...
Sometimes I think by just watching Rajya Sabha shows UPSC Mains N Interview will cleared with good score...
No! It's not sufficient for that, however can considered helpful.
Itna bhi nhi hai. Books padhna must hai.
Frank sir 🥰🥰
Fundamen rights are available to persons and legal persons....ND here term " legal persons " can be interpreted and broadened to include states as well...but yes it's the call of supreme court
Please bring sai dipak when there's subject of law and constitution. He has good proficiency in making people understand better
Aishwarya bhati nailed it with most suitable points on the legality of article 131 and the obligations of the state government.
Aishwarya bhati mam what she said in closing comments is right
Please add subtitles if possible
This is like ocean of knowledge. Thank you a lot...
👌👌
Missing him....J S Deepak is a very good speaker as well 👌
Are you from TIT, Agartala?
missed you Frank
Boss is back...
Why RS TV will merger with LS TV.. I really like RS TV but i don't like LS TV
Ur comment is only the ur ans to ur ques
Revision of chapter Supreme Court of Laxmikant
🤣 🤣
Sai Deepak sir would’ve made this discussion even better
Aishwarya seems overconfident
Need j sai on this
Aishwarya bhati is saying that only if law made by parliament violate part 3 of constitution ...but in keshavnanda bharti case SC said that law which violate basic structure of constitution not only FR.. although there is no definition of basic structure is given by sc ....but sc has clear some point already....so Aishwarya bhati should have address that...
Law can be declared unconstitutional if it violates basic structure , and not just fundamental rights for eg. NJAC act was annulled ,for it effected independence of judiciary part of basic structure. Can't states claim their legal rights are effected , as basic structure is effected which is very basis for existence of states and federalism.
Malhotra sahab laxmikant ka example de diye