The Big Picture - Article 131 - Special Powers of Supreme Court

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

[arnabkonar]

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

[maverick]

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

[updeshyadav]

DISCUSSION was fantastic, hope you will continue this knowledgeable show and help us in building our future.

[shashiketan]

*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.

[samadhanlendave]

Frank sir, aap itane din nahi the to "The Big Picture", "Small Picture" lag raha tha...

Glad to see you again 👍👍

[mr.rachetphilanthrophist]

This was fire. All 3 panelists, very knowledgeable they nailed it.

[SOURAX]

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!!

[nehaatre]

Thank you Frank sir for coming back to big picture

[vp]

P K MALHOTRA sir, fantastic discussion . other panelists are also fabulous

[pushpank]

My bench for deciding legal matters would be consist of J Saideepak, PK Malhotra, Satya Prakash.

[sushnavodaya]

This discussion is just awesome and food for thought.. Thanks to rstv and all the panelists

[trendingnews]

Where is Deepak sai...?
He has great knowledge..

[NaseeruDinJahangeer]

Balanced and non partisan view of Malhotra sir indeed reflect the balanced approach on whatsoever issue it is, taking side may sometime cost huge.

[shubh_]

Really missed Sai Deepak sir, Being an Advocate of Supreme Court and on a debte on Article 131, we really missed you sir !!

[shashin]

Now u get apt and precise, well structured questions and answers

[jitendrathakre]

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.

[dushyantmukadam]

Fantastic discussion very enriching the panelists explained things very well.
Hope one day these type of discussion will occur in our parliament

[backtovillage]

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

[wanderingsoul]

Aishwarya bhati's points are just on point

[rupeshrathod]

Thanks Rstv for bringing mr Frank back.