The Big Picture - 10th Schedule of Constitution of India

[@snr5950]

Again n again I salute you Sai Deepak Sir for your clarity on all matters relating to law. My Heartiest salutations to an engineer-turned-legal luminary

[@indianreview4990]

How many of u paused or slowed down at 17:28..J sai deepak..the speed of speech..that even our brain(CPU) takes little time to process..Imagine the processor speed in J sai deepak sir's brain..

[@prabhatkumar212]

😂

[@Rahulpriye]

sai deepak have excellent knowledge.he should be probably invited in all constitutional debate

[@AnandiAnandGade]

What a clarity, J Sai Deepak sir! Thank you so much!

[@shashiketan]

*86. Anti Defection Law:* • In the backdrop of Haryana MLA Gaya Lal who changed his party thrice same day in 1967. • ADL: to prevent such political defections due to reward of office. • 10th Schedule inserted in 1985: Procedure laid down by which legislators may be disqualified on grounds of defection by speaker. • When it is Defected? : voluntarily gives up the membership or disobeys the directives of party leadership. • When it's not a defection?: 2/3rd of legislators of a party merge with another party. • Absolute power to the speaker but decision of the Presiding officer is subjected to judicial review after the order. • Allegations of legislators defecting in violation of the law have been made in several states including Karnataka, Andhra Pradesh, Arunachal Pradesh, Goa, Manipur, Nagaland, Telangana and Uttarakhand in recent years. Judgements & Articles: - Article 102: Speakers given all the powers. - Article 122 & 212 - prevent them from questioning in court. - A bar on jurisdiction of court, doesn't bar under Article 226, 227: Basic Structure - Chandra Kumar Judgement: going against Basic Structure - taking powers of law under writ jurisdiction. - Kihoto Hollohan Judgement: Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House. Vestiture of power to adjudicate questions under the Tenth Schedule in them should not be considered exceptionable. Concerns with the Law: - Speaker's arbitrariness in deciding cases: Karnataka: Resignation not accepted. - Split in continuation process. - Lack of time limit: for Split, going into another party or case with Speaker. - Speaker's Integrity in question due to bias towards ruling party. Discussions & deliberations: - Room for dissent should be there: If the MP/MLA abstain or vote against the party whip there could be a case of disqualification & defection. However, what if he is in line with the promise made to the electorate (Manifesto) & party is voting against that. - Judging Defection cases: Committee with Speaker, Retired Judge & neutral. Election Commission is already questioned in various other issues. Separate Tribunal: Matters should be within the Parliament - Departure from Parliamentary Privilege. - Remedies to Electorate: Right to Recall? Way Forward: - EC should be the regulator: Neutrality. - 10th Schedule also mandates that rules & regulations should be made - Need to frame in urgency. - Reduce Pendency of Cases: Election Petitions take long time: Case challenged in 2009 still pending. - Special courts for Corruption cases. Discussion & deliberation should happen keeping primacy of voter & representative balancing with defection & allegiance to party should be maintained. Legislatures are for debate, discussion without disruption. Further, credibility, capability and capacity should be the yardstick for anyone to enter the legislature and not caste, cash and criminality.

[@arjunkamat6554]

Thanks

[@Rohit-hv1jl]

Thankyou

[@sachinpathak897]

aptly summed up........ready made notes

[@IASachin]

Modi govt should consider j Sai Deepak for the post of attorney General. Very sharp and well learned mind..

[@samay4596]

J Sai Deepak sir is such a gem!

[@snr5950]

Thanq Sekhar Iyer n SC Tripathy Sirs for your impeccable views on the subject of 10th Schedule of constitution..

[@laxmanshivakashipuram]

J.sai deepak sir in case u r reading this comment.please use lucid and simplified language for the benefit of the viewers

[@bchahal8322]

Thx rstv .. don't mind Frank sir but your smile is very lovely ..thx

[@285aryan2]

It's just a delight to hear j sai Deepak

[@subhamkumar3601]

That's something I'll undisputedly agree to.

[@sunilgodara5571]

Mr. J Sai Deepak is requested to not to use legal jargon in the debate. He needs to keep in mind that he is not arguing a case before any court. Simple and crisp words are what we want. Thanks

[@hnb193]

Simple language is needed.

[@CP.SHARMA]

J Sai Deepak sir, Take a bow! 🙏

[@devaganahallidarshana4169]

Once again a brilliant discussion by RSTV on matter of current relevance. Appreciate the recommendations put forward by Mr. J Sai Deepak & Mr. SC Tripathi : Revisiting the concept of Defection, detailed rules to eliminate arbitrariness in Anti-defection procedure, time-frame in deciding defections and independent committee to adjudicate defections.

[@rameshsuresh9277]

J Sai Deepak can be the next Subramanyam Swammy.

[@rs-sl1tn]

Swamy 2.0

[@krishna1667]

J.sai deepak sir excellent clarity of language

[@chetanpadole3441]

J Sai Deepak sir is a greatest asset for India 🇮🇳😊

[@paranpabbi8758]

You guys discuss everything under the sun but RTI Amendment Bill. What kind of journalism is this? I really appreciate this show but something as big as RTI is constantly being ignored after so many requests from viewers. Why????

[@shraddheshchandra1708]

I think we all know 'why'. It is very logical to assume that RSTV, being a state-funded channel, would be put up in a compromising position if it chooses to discuss the 'obviously notorious' RTI Amendment bill and the guests pointing fingers at the government. PS: It would be a totally different ball-game if RSTV comes up with panelists who can hail and praise this bill. Maybe then the bill could find some show-time.

[@paranpabbi8758]

@@shraddheshchandra1708 I understand what you're saying but rstv was not supposed to be a mouthpiece of government and it's sad that the government has successfully made speaking on RTI amendment like saying the name of voldemort. So, I am always going to ask the question 'why' so that people don't forget something so important.

[@shraddheshchandra1708]

I agree with you. But this is the New India that some people so badly wanted. RIP logic.

[@amolbachhav367]

@@paranpabbi8758 isnt it enough that rstv is not faking and showing that ammendments in RTI bill will make it stronger and more partial, unlike other channels ?

[@paranpabbi8758]

@@amolbachhav367 It could be enough for you, not for me. I am a viewer of this channel, so I will expect content from this channel only and also being the channel of rajya sabha, rstv has a responsibility to discuss RTI amendment bill.

[@sureshpolali4616]

Very decent and intelligent discussion - Lot of learning can happen during this 30 min time

[@gautamgunjan8471]

TOP CONTENT

[@Shub428]

J sai deepak- Eminem of law... 👏🏻

[@jayshelke5096]

Sushil Sir Thank You U Are Awesome.......😅😅 ♨️😅.....Thanks RS TV.......Jay Maharashtra.....😅♨️

[@rupendrakeisham6698]

"Anything in retail is bad, but wholesale is alright"

[@bobminion3438]

First and foremost thing is that,(Party) Whips should be used only for a crucial matter like where government survival is at stake but on contrary whips are issued for all occasions. _Now lets consider a curious case_ : Mr X is a member from party P ( lets say: main ruling party). On one day P party decided to expel Mr X ( -leave the grounds for time being- ) but Mr X, being still the member of the legislature can cast his vote. One grave day the P party has to vote on Confidence Motion so party issued a whip to all its members. But Mr X knowingly that his one vote can topple the government, decided to unfollow the whip leaving all concerns of defection, and voted against the party line. Wouldn't it be fatal for democracy? ( like Hum to dube hai sanam tujhe v le duben g){ Just see the value of one negative vote supersede the value of all votes in support} 🛑>So what I feel Defectors should be barred from holding public office or a remunerative political post for the duration of the remaining term and most importantly, the vote cast by a defector to topple a government should be treated as invalid. 🛑>Also make Merger provisions more stringent, like allow only when more than 4/5 members are in favor unlike 2/3. >🛑The voters must have Right to Recall the defected MP/MLA. >🛑And last but not the least ,as suggested,Time-period for the Presiding Officer to decide on a disqualification plea must have some limit like within a 3 months or so. 😊

[@adeitykaushik4832]

BOB MINION Keep it up ! Genuine takeaways 👍

[@bobminion3438]

@Manisha Patel If a member is expelled from the party, then he is treated as an *Unattached* member in the house. But remember he continues to be a member of the old party as per the tenth schedule. So , now if he defies any whip of political party or even joins another political party voluntarily then he will attract the provision of 10th schedule and necessary action can be taken against him by the Speaker/Chairman. Hope I cleared your confusion.😶

[@mikealpha1879]

great discussion

[@pandit-jee-bihar]

Mr Glossary Sai Deepak is not Rajya Sabha Panel material should operate from his chamber only.

[@amit99996]

Satya prakash was missed

[@manikantadsi]

Show starts at 6.26

[@vimaldiyora766]

Didn't agree more

[@dkapadnis9005]

9:30 very correct need of hour

[@rs-sl1tn]

Right to reject [NOTA etc.] Right to recall

[@abhishekkumarsingh4741]

जे साई दीपक जी🙏🙏

[@vishwasranjan2613]

Hats off for j sai deepak

[@AbhishekBhartimdp]

Legislature are for debate and discussion without disruption, further credibility capacity capability should be the yardstick to enter legislature and not caste cash and criminality

[@sandeshkadam3040]

Good discussion

[@poojamuralidhara2946]

What time does this program comes

[@jaihind116]

Thanks

[@drvandana5421]

J sai Deepak my fav

[@vimaldiyora766]

Increase timing of big picture in such issue...to 1 hour..

[@SHIVKUMAR-tm3vx]

best debet of upsc asprient

[@iprav1234]

mr j sai deepak's language is not enough to understand as compare to other respected speakers please keep it mine if possible

[@rohitxyz6722]

Anchoring for so many years, Frank has made The Big Picture show his own. The Big Picture should be name 'FRANKly Speaking'. (saying it in a good way).

[@umardharini2011]

Though Couldn't figure out fully of this DISCUSSION , ..but one think must be done is to RECALL the ELECTED MEMBERS if he or she doesn't deliver or goes against his or her Manifesto !!,

[@inderjitsingh2058]

Sir J sai Deepak please speak slowly..it's very fast

[@annuverma8943]

Hey! You can reduce your play back speed for better understanding.

[@amantripathi4134]

j sai deepak is here!

[@shubh3690]

Power of speakers can not be curtailed. Can you curtail power of cji of supreme court. Election commission can not take role of speaker...

[@rohitgiri0]

Pres power is curtailed by ec recommendation. Speaker is above Pres?

[@jituburman1527]

It seems, the confusion would remain...It is a thing that solely deals with anomalous pre & post polling situation..A person coming in the parliament/ assembly in a pre-decided party ticket, anyway loses his/her own paramounce.. Electorates are in party system, also voting based on their faith on party first..In order to simplify, their resignation or anti-party activity in small fraction, could thus, amount to expulsion from their own party who gave them ticket.. And the speaker, having an encumbered duty from the side of ruling, should not be over burdened to adjudicate minutely on the disqualification part rather he should have power to call runner-up for replinshment..This way atleast, the basic of anti-reflection measure, can see its effectiveness particularly in respect of an unruly move by a smaller fraction of members, . without putting on hold the business of house

[@SOURAX]

Defection is bad but merger is alright 😂😂

[@Ankit-hi2wi]

Audio is lagging

[@SAMARTHYA_IAS_JUDICIARY]

It would not take place unless the one who is in power will get affected by ANTI DEFECTION LAW......... smjhe

[@mayankshekharsrivastava6904]

Advocate ji dheeme boliye

[@deveshagrawal5766]

PLEASE SIR ITS A REQUEST PLEASE DUB THESE VEDIOS IN HINDI ALSO...IT IS VERY TOUGH TO UNDERSTAND ENGLISH,THANK YOU..!

[@deveshagrawal5766]

@@anu7779 i know but if it would be dubbed in hindi...so it would be much comfortable to understand and in saving time.

[@anu7779]

@@deveshagrawal5766 yup I understand. Search on Google may be few sites give gist / summary of it.

[@anu7779]

@@deveshagrawal5766 and I am also from pure hindi background. And faced the same problem. If you have time do regularly watch it with or without caption. Gradually your english would become perfect to understand.

[@deveshagrawal5766]

@@anu7779 hahha thanks bro for thinking so much...i dont have any issue with listening english...actually if it would be in hindi..it would be more comfortable to save time..

[@rameshsuresh9277]

This is how you will get better Devesh, I also come from a small town and it was a little hard to learn English but by watching regularly I became really good at it. You will too one day. Best of luck. :)

[@sureshdhokane9330]

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