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Moot Court Exercise on Constitutional Law, Schemes and Mind Maps of Constitutional Law

A moot court exercise scenario involving a fictional country called janani, which is facing various constitutional and political challenges. The scenario covers issues such as the introduction of a bill to prohibit cow slaughter, the creation of 10 new states, the imposition of emergency rule, and a challenge to the constitutional validity of these actions. The document also includes a separate civil case involving a school's challenge to a ban on diesel buses and the implementation of an odd-even vehicle rule in delhi, india. The moot court exercise provides an opportunity for students to analyze the legal and constitutional implications of these complex issues, frame their own issues, and prepare arguments for a simulated court hearing.

Typology: Schemes and Mind Maps

2019/2020

Uploaded on 08/04/2024

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SUBJECT: MOOT COURT EXERCISE, COURT VISIT AND
INTERNSHIP
Course Teacher Name : Assistant Professor Ms. Dichen Bhutia
MOOT –PREPOSITION ON CONSTITUTIONAL LAW
The Union of Janani is the second most populous country in the world and seventh largest in terms
of area. It has a diverse population divided on the lines of religion, ethnicity, caste, language and
culture. Janani, previously a British colony, gained independence around 74 years back and is
governed by a written constitution, structured to suit a quasi-federal system. Janani, a developing
country, is an active member of the international community as well as the United Nations
Organization. It has a robust multi-party system instituted as well which caters to the needs of the
citizens from various states of the country and represents their interests to the Center. Due to the
multiplicity of parties within each state, claiming majority by a single party proved to be a herculean
task. These imbalances led to various coalition governments being formed between the ruling party at
the Center and the regional parties at the State level. With a renewed Cabinet, the Union introduced
new legislation catering to the most significant aspects of the economy. This included the
introduction of Agricultural Reforms Bill, 2019, Preservation of Sovereignty Bill, 2019 and
Management of COVID 19 Bill, 2020. However, due to growing differences within the coalition
government, the Bills did not see the light of day.
2. The Janani Janta Party [JJP] had been in power at the Union level for the past three decades and
assumed a great deal of power and influence over most of the States. However, they started losing
support from most of their allies as the National Janani Party [NJP] had started gaining prominence
in the country. The situation was such that the JJP could only remain in power if they would align
themselves with North Eastern Alliance Party [NEAP], which was the strongest party consisting of
MPs from the North-Eastern area of Janani. It consisted of 7 States which were inundated with
political and economical instability and turmoil.
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SUBJECT: MOOT COURT EXERCISE, COURT VISIT AND

INTERNSHIP

Course Teacher Name : Assistant Professor Ms. Dichen Bhutia

MOOT –PREPOSITION ON CONSTITUTIONAL LAW

The Union of Janani is the second most populous country in the world and seventh largest in terms of area. It has a diverse population divided on the lines of religion, ethnicity, caste, language and culture. Janani, previously a British colony, gained independence around 74 years back and is governed by a written constitution, structured to suit a quasi-federal system. Janani, a developing country, is an active member of the international community as well as the United Nations Organization. It has a robust multi-party system instituted as well which caters to the needs of the citizens from various states of the country and represents their interests to the Center. Due to the multiplicity of parties within each state, claiming majority by a single party proved to be a herculean task. These imbalances led to various coalition governments being formed between the ruling party at the Center and the regional parties at the State level. With a renewed Cabinet, the Union introduced new legislation catering to the most significant aspects of the economy. This included the introduction of Agricultural Reforms Bill, 2019, Preservation of Sovereignty Bill, 2019 and Management of COVID 19 Bill, 2020. However, due to growing differences within the coalition government, the Bills did not see the light of day.

  1. The Janani Janta Party [JJP] had been in power at the Union level for the past three decades and assumed a great deal of power and influence over most of the States. However, they started losing support from most of their allies as the National Janani Party [NJP] had started gaining prominence in the country. The situation was such that the JJP could only remain in power if they would align themselves with North Eastern Alliance Party [NEAP], which was the strongest party consisting of MPs from the North-Eastern area of Janani. It consisted of 7 States which were inundated with political and economical instability and turmoil.
  1. During the general elections for the year 2020, the NJP and JJP were in a tussle, the only way to achieve a majority was to align themselves with NEAP. After a tough battle, Chief of NEAP, Mr. Clarke, declared that the party has decided to align themselves with JJP and formed a coalition government in the Center. For a long time, everything went smoothly. Owing to the constant turbulence in the North-East region of the country, a political organization called the North Eastern States’ Federation Freedom [FFF] had gained much prominence. Their objective had been to improve their relations with the Center and work for advancing these states in terms of infrastructure, technology, industry. During the past decade, they had gained people’s confidence, by being vocal about their disagreements with the Union with respect to the new Bills which were introduced and how they didn’t benefit the North Eastern population. Fearing the loss of their popularity in these states, NEAP had to cater to the opinions of FFF. However, the problems faced by these states were rarely ever covered by the media, and it was allegedly claimed by the FFF that the Central Executive had always discriminated against these states and had led to a tainted perspective of citizens.
  2. After a few months of the successful working of the coalition, the relationship between both the Parties had deteriorated because of their differing agendas. The JJP wanted to introduce a bill to prohibit cow slaughter and a bill for the preservation of the sovereignty of Janani which, if passed, would oppose the religious sentiments of the people belonging to the North East Jananiians and affect certain immigrants from neighboring nations respectively. The FFF commenced protests in the North-Eastern States to pressure NEAP to vote against the bills. Due to mounting pressure, the NEAP succumbed and voted against the Bill, thereby defeating the Bill in the Lower House.
  3. In the midst of such events, the JJP Government introduced a bill in the Lower House of Parliament to amend the Constitution. Under the Janani Constitution, certain regions of the different states were given a special status based on the socio-political conditions and economic backwardness. The Government led by JJP decided to give them the status of States instead of special status and amended the Constitution to create 10 new States (106th Constitution Amendment Act, 2021). And immediately held general elections in those new States and was successful in forming its own government in all the ten new States. KNTV, a prestigious news outlet in Janani, caught wind of a leaked report which suggested that JJP had introduced the constitutional amendment as a measure to ensure the retention of the majority in the Parliament in the upcoming elections and to pave the way for other amendments to the Constitution that requires the ratification of one-half of the States. The government, however, refuted the claims and reasoned

independently or through alliance succeeded in getting the ratification of one half of the States of the Union of Janani. 14. Mr. Clarke filed a petition in the Supreme Court challenging the 107th Constitution Amendment Act 2022. The Supreme Court clubbed the matters filed by the FFF and Mr. Clarke. The hearing is fixed on 5th June 2022 The following issues are for consideration of the Supreme Court of Janani - 1. Whether the imposition of the President’s Rule in the North East States is justified under Art. 356? 2. Whether the 106th Constitutional Amendment Act, 2021 is constitutional? 3. Whether the 107th Constitutional Amendment Act, 2022 is constitutional? NOTE: a) The laws of Janani are in PariMateria with the laws of India. b) Participants are free to amend and form their own issues and sub-issues (Minimum 1 Issue, Maximum 5 Issues)

MOOT PROBLEM ON CRIMINAL LAW

In the case of:

Mrs. Madhu V. Mr. Vaidya and Others

Mr. Rahul Sen and Mrs. Susmita Sen were married in 2017 and were residents of

Kolkata in the State of West Bengal and they were working there in a US based Multi

National company.

After 3 years of their happy marital life, Mrs. Susmita Sen became aware that she

cannot give birth to a healthy child. She came to know about this fact by reading

medical reports kept secretly by her husband. As per that report Mr. Rahul suffered

from some serious congenital medical problem that may pass on to their child.

Then they had quite a big fight in this regard that he never told her about his health

problem either prior to her marriage or thereafter but kept the information secret. She

remained in her in-laws house under their care, as her husband went for employment

training program to Pune for two months.

After some time Mr. Rahul learnt that his wife, desirous of having a healthy child,

developed an extra marital relationship with her office colleague, Mr. Vaidya. However,

he did not object to the same.

Mr. Vaidya however, confessed to his wife that he had an illicit relationship with Mrs.

Susmita. Mrs. Madhu, wife of Mr. Vaidya, furious about the matter, filed a complaint

against her husband as ‘main accused,’ Mrs. Susmita Sen as ‘second accused’ and Mr.

Rahul Sen as ‘an abettor’ as he, through his silence and acquiescence facilitated,

rather, to put it bluntly, encouraged Mrs. Susmita Sen and Mr. Vaidya to indulge in

‘adultery’ thereby ruining her marital life. She pleaded that she too shall be recognized

as ‘aggrieved person’ as her matrimonial life was disturbed with these developments.

Meanwhile, an NGO filed a Public Interest Limitation in the Supreme Court with a plea

that Section 497 of Indian Penal Code, 1860 shall be struck down as it violates Articles

14, 15 and 21 of Indian Constitution on the ground that the relevant section of Indian

Penal Code, 1860 gives ‘immunity only to adulteress but not to men’ when both are

equally guilty. As a matter of principle of ‘public policy’, gender neutrality shall be

observed in criminal law.

Mrs. Madhu also impleaded herself challenging the constitutional validity of sec. 497 in

the Supreme Court as it violates different Articles of Indian Constitution. She also

submits that such ‘total immunity cannot be given to Mrs. Susmita, the adulteress.

She submits that S. 198 (2) of Code of Criminal Procedure, 1973 is also

unconstitutional for it ‘discriminates on the basis of sex’ which is prohibited under

Article 15 (1) of Indian Constitution.

Mrs. Madhu also filed a petition in the Family Court for ‘divorce’ from her husband

under The Hindu Marriage Act, 1955.

Mr. Rahul also applied for divorce from his wife under The Hindu Marriage Act, 1955.

Mrs. Susmita Sen objected that ‘it is strange that he, instead of she, filed for divorce

when ‘in reality non-disclosure of his serious health problem has brought forth this

state of affairs’.

The High Court quashed the criminal proceedings against all the accused persons

‘declaring that Sec. 497 does not violate any of the provisions of the Indian

Constitution.

The Supreme Court, after hearing preliminary arguments, admitted and clubbed all the

SLPs for final disposal.

● The matter to be heard by the Hon’ble Supreme Court.

● Students shall prepare memorials/arguments for both Petitioner and

Respondent.

● Students may frame their own issues

MOOT COURT PROBLEM

CIVIL CASE

Modern School of Environmental Studies Vs Union of India

The present environmental problems in Delhi, India, are a threat to the well-being of the city's and area's

inhabitants as well as the flora and fauna. Delhi, the sixth-most populated metropolis in the world, is one of

the most heavily polluted cities in India, having for instance one of the country's highest volumes of

particulate matter pollution. This was corroborated by an announcement by the World Health Organization,

in May 2014, that New Delhi was the most polluted city in the world.

Overpopulation and the ensuing overuse of scarce resources such as water have put pressure on the

environment. The city suffers from air pollution caused by road dust and industry, with comparatively

smaller contributions from unclean engines in transportation, especially diesel powered city buses and

trucks, and two-wheelers and three-wheelers with two-stroke engines. Besides human and environmental

damage, pollution has caused economic damage as well.

any informed public discussion or debate, and without paying attention to the particular circumstances of

India which are different from those of other countries where this rule has previously been implemented.

The individuals approached the court to issue a writ that would restrain the Delhi government from

implementing the Odd-Even rule on private vehicles and cars in Delhi. The two petitions have been clubbed

together to be heard by the Apex Court. Argue from the both side.