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Moot problem and solution, Study Guides, Projects, Research of Mock Trial and Moot Court

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Moot Problem NO. 23 Constitutional Case The Republic of Hindikaala is located in the South Asian Region of Asia. It is one of the ancient nations in the world. Till 1947, Republic of Hindikaala was a British colony for about 150 years. It achieved independence in 1947. Now the Republic of Hindikaalais a democratic country with a written Constitution which came into force in 1950. It has 29 States and 7 Union Territories. The Constitution has adopted Parliamentary system wherein President is the executive Head of the government. The majority of the population of the country belongs to Hindu religion. Buddhism, Christianity, Islam, Jainism and Sikhism are the other major religions followed by the people of Republic of Hindikaala. The Republic of Hindikaala is characterized by a diversity of religious beliefs and practices, dressing, cultural outlook, food-habits etc. Some religion like Jainism strictly follow the principle of non-violence and therefore stressed upon vegetarian food habit. This is not so in case of other religions. Under Hindu religion some are vegetarians and some are non-vegetarians. Throughout the Republic of Hindikaala‘'s history, religion has been an important part of the country“s culture. The history of Republic of Hindikaala has witnessed some prominent instances of religious disharmony amongst various religious groups. The Constitution of Republic of Hindikaala declares various rights as fundamental rights. Some of the fundamental rights are the right to freedom of religion, freedom to carry on any trade, profession and business, tight to life and personal liberty etc. The fundamental rights are mostly enforceable against the ,,State. The concept of ,,State“ is defined by the Constitution of Republic of Hindikaala. The Constitution also incorporates some features of secularism. The Supreme Court of Republic of Hindikaala, in its few landmark judgments has expanded the meaning of ,,right to life and personal liberty". Almost everything which has connection with person"’s meaningful life has been held as integral part of this right. Recently the Supreme Court of Republic of Hindikaala held that right to privacy is a part of ,,right to life and personal liberty". The Constitution on Hindikaala also laid down some Directive Principles of State Policy. These directives are not enforceable in the court of law, nevertheless these principles are to be looked into while formulating any policy and enacting any law. One of those directives laid down that the “State shall endeavor to organize agriculture and animal husbandry on modem and scientific line and shall take steps in particular for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle“. This directive was inserted in the Constitution of Hindikaala after a long-heated debate. On the one hand the economy of the Republic of Hindikaala is largely based upon agriculture and on the other hand cow is treated as ,,Holy“ under Hindu religion. Therefore, the above-mentioned directive was perceived to be an outcome of a compromise between the scientific rationality and religious sentiments of the majority Hindu citizens. The Constitution on Hindikaala also laid down some fundamental duties for its citizens. One of the fundamental duty of the citizens is to protect and improve the natural environment and to have compassion for living creatures.