1 st KG Kannabiran National. Moot on Transformative. Constitutionalism August 30-31, 2014

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1 1 st KG Kannabiran National Moot on Transformative Constitutionalism - August 30-31,

2 INVITATION LETTER July 1, To, The Vice-Chancellor SUBJECT: INVITATION TO PARTICIPATE IN THE 1 st KG KANNABIRAN NATIONAL MOOT ON TRANSFORMATIVE CONSTITUTIONALISM, Dear Sir/Madam, It is our pleasure to invite you to participate in the 1 st Transformative Constitutionalism,. KG Kannabiran National Moot on The transformative potential of the constitution and its uses as a tool for social transformation was at the heart of K.G. Kannabiran s work. Through fifty years in legal practice in courts of original jurisdiction and constitutional courts; in criminal courts, civil courts, as a lawyer for labour rights; as legal counsel for companies and employers; and as an unparalleled civil liberties advocate who defined the field of civil and political rights in the country in the constitutional era, K. G. Kannabiran ( ) crafted the field of transformative constitutionalism through his life and his work. [Should] the colonial interpretation of the laws be followed while interpreting the Constitution? Did the Constitution imply a break with the past, at least with reference to the people and the state and its government? Does the transformation of a person from the status of a subject to that of citizen mean anything at all when interpreting the scope of entrenched rights in the Constitution? K.G. Kannabiran. It is therefore apt to celebrate the work of this indefatigable and tireless fighter through the medium of the moot court, which we hope will teach students of law to engage with the constitution as a vehicle of transformation. A vehicle which takes forward the arguments, strategies and legal reasoning inaugurated so brilliantly by K.G.Kannabiran in diverse sites and 1

3 locales. We strive to communicate this as we go along to the people and communities affected by the absence of a constitutional commitment in their daily surroundings. The Council for Social Development was set up by another untiring fighter for the Constitution, the legendary Dr. Durgabai Deshmukh. An active participant in the freedom struggle, she was a member of the Constituent Assembly, and was single handedly responsible for foregrounding social development and social work as a necessary component of constitutional justice. Developing a constitutional practitioner s toolbox of a different kind, Dr. Durgabai Deshmukh saw institution building as necessary for creating capabilities and providing support to people from vulnerable communities, especially women and children. It is from this rich vantage point that the Council for Social Development is organizing the KG Kannabiran National Moot on Transformative Constitutionalism with the focus in the first year on Adivasi Rights. The competition will be held at Council for Social Development, Hyderabad from August 30-31,. The Law Schools/ Law Faculties/ Law Departments are invited to register themselves by sending an to csdmoot@gmail.com by 21 st July, in order to confirm their participation. We look forward to welcoming teams from the different law schools in the country to CSD, Hyderabad in August this year. Warm regards, Yours sincerely, Kalpana Kannabiran Professor and Director Council for Social Development Hyderabad

4 TABLE OF CONTENTS Moot Problem... 1 Rules Of The Competition... 5 Important Dates... i Registration Form... ii Travel Details Form... iv Route map to CSD & Henry Martin Institute... v

5 MOOT PROBLEM 1. After the General Elections of 2034, the Jai Hind Party came to power at the Centre in India. The Jai Hind Party had in its manifesto, promised a lean minimal governance state and privatization of essential services (electricity, transport, water and railways) nationwide. Immediately after coming into power, the Prime Minister took active steps to ensure that the aforesaid promises were kept. 2. In July 2034, the new Government re-negotiated India s commitments under the WTO regime, and signed comprehensive treaties to ensure that all major infrastructure projects, with 75% FDI and above, were given fast track clearance through a new Board (the FDI Board ) set up for that purpose. The FDI Board, constituted by the Ministry of Finance, Government of India, consisted of the Prime Minister, the Finance Minister, the Trade and Commerce Minister, The Minister of Foreign Affairs, the Minister for Environment and Forests and the Minister for Agriculture. 3. In August 2034, the FDI Board approved a white paper, wherein it recommended that the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 (the Forest Rights Act ) be repealed and a scheme for monetary compensation be provided to stakeholders. The FDI Board opined that the repeal was necessitated on account of delays that were created in the implementation of development projects. It further opined that the Forest Rights Act was not an effective piece of legislation, as it did not reflect any core constitutional rights and as such did not reflect ground realities either. 4. Based on the white paper, and the Union Cabinet resolution dated September 13, 2034, the Parliament passed the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Repeal Act, 2034 (the Repeal Act ). Section 3 of the Repeal Act repeals the Forest Rights Act with effect from September 13, 2034 and Section 4 states that all proceedings pending under the Forest Rights Act stand 1

6 abated. Section 5 states that all rights accrued under the Forest Rights Act, including rights to cultivation, gathering, hunting, grazing, collection of forest produce and compensation stand de-recognized with effect from September 13, Protests erupted across most areas covered by the Fifth Schedule of the Constitution of India (the Constitution ) in response to the Repeal Act. The Chenchus, in the Nallamalai Hills of Seemandhra and Telangana states protested against the Repeal Act. On September at the Ramlila Maidan in Delhi, Tokala Chenchu Lakshmi, an adivasi leader from the Chenchu tribe, in a powerful speech, urged all adivasis (people belonging to scheduled tribes) to protest against the Repeal Act. Excerpts of her speech are as follows: A government that does not recognize the constitutional and inherent rights of the indigenous people is no government at all. It does not enjoy constitutional legitimacy and it does not command any authority. It is the duty of every citizen to protest against unconstitutional legislation, and we need only to be inspired by the independence movement against the British that ultimately gave us freedom in 1947, and we must draw our strength from the struggles of Jaipal Singh Munda and Komuram Bhim, adivasi leaders who fought for our freedom from British rule and from oppression by non tribals in our land. I am calling for a second freedom movement, against the oppressors, this time a so-called democratically elected government. We need to overthrow this Government, by peaceful means. Civil disobedience is the only alternative...let us bring everything to a standstill. Nothing about us without us. 6. On September 25, 2034, Chenchu Lakshmi was arrested after sunset by a force of male police officers, along with 6 other supporters pursuant to First Information Reports ( FIRs ) lodged by Jai Hind Party workers. After being detained overnight in the police station, she was remanded to judicial custody and denied bail. She was charged under section 124-A read with section 120B of the Indian Penal Code,

7 (the IPC ). On production before the Magistrate, Chenchu Lakshmi made a statement to the effect that she had in fact given the speech (contents as above) and that she stood by the views expressed in the speech, and that the terms of her arrest were illegal and violative of the law. 7. Anticipating trouble, the Commissioner of Police, Delhi directed that the police forces maintain high alert throughout Delhi, but gave clear instructions that peaceful protesters are not to be targeted until there exists a clear threat of violence. On September 26, 2034 a group of Adivasi students were leading a peaceful dharna at the Jantar Mantar. They shouted slogans against the Government and also against the police for not having given them permission to march to the Parliament. Some students shouted slogans to the effect that the police personnel were biased against tribal people, and acted without conscience. Provoked by this, the policemen led by Sub Inspector Pujari tried to forcibly remove the protesters from Jantar Mantar. A scuffle followed and some of the students were arrested. On being released, Ganganna Dora and Madakam Bhima, two of the protesters alleged that SI Pujari used derogatory language and obscene gestures against the adivasi women protesters, and threatened to show them what real men could do to them The SI, they alleged, while abusing them, spat on the photographs of adivasi leader Jaipal Singh Munda. They reported the incident to the Commissioner of Police and sought for institution of proceedings under the SC and ST Prevention of Atrocities Act, 1989 (the Atrocities Act ). 8. On September 27, 2034, the Commissioner of Police made a statement to the press, informing them that SI Pujari had been suspended with immediate effect and departmental proceedings would be instituted against him. However, the Commissioner of Police said that no case was made out under the Atrocities Act as there was no overt assault and no deliberate remarks or actions were made on the basis of caste. 3

8 9. The National United Adivasi Sangh filed a writ petition before the Hon ble Supreme Court of India (the Supreme Court ) under Article 32 of the Constitution: (a) challenging constitutional validity of the Repeal Act; (b) challenging constitutional validity of section 124 A of the IPC; (c) demanding the immediate release of Tokala Chenchu Lakshmi and compensation for her illegal detention; (d) additionally, they sought for a mandamus directing the Government of NCT of Delhi to register an FIR against SI Pujari under the Atrocities Act. 10. The Supreme Court, issued notice to the Union of India and the Government of the NCT of Delhi, and posted the matter for hearing on. 11. The Petitioners will argue for the National United Adivasi Sangh and the Respondents for the Union of India and the NCT of Delhi. (This problem has been framed by K Parameshwar, Advocate, Supreme Court of India and Adarsh G, Advocate, Karnataka. Participants are forbidden from contacting the authors under any circumstances. Any attempt to do so will result in immediate disqualification.) 4

9 RULES OF THE COMPETITION 1. THEME AND DATE The problem for the 1st KG Kannabiran National Moot on Transformative Constitutionalism- is based on adivasi issues. The Competition will be held from August 30-31, at Council for Social Development, Hyderabad. Ms. Kriti Sharma, Legal Researcher, CSD shall be the National Coordinator of the Moot. 2. LANGUAGE The Competition shall be conducted in the English language only. 3. ELIGIBILITY The Competition is open for students pursuing three or five year LL.B. Degree Course from any recognized Law College/University subject to fulfillment of the registration formalities. Students pursuing an LL.M. Degree Course are not eligible to participate. 4. TEAM COMPOSITION 4.1 Each team shall consist of a minimum of three members. 4.2 Every team shall consist of a minimum of two speakers and one researcher. 4.3 The researcher shall be allowed to argue instead of a speaker only with the permission of the Court and the National Coordinator, in case of a medical emergency or other such contingency. 5. REGISTRATION 5.1 Institutions must register by sending an to csdmoot@gmail.com by July 21,. Teams from each participating institution are also required to send a scanned copy of their duly filled-in Registration Form in the same . Each college must ensure that the subject of the mail reads Registration for the 1 st KG Kannabiran National Moot on Transformative Constitutionalism-. 5

10 No mail for registration and Registration Form received after the deadline shall be considered for registration. 5.2 Teams which confirm their participation as per Rule 5.1 will be provided with a Team Code which will be intimated to them via Teams will be formally registered upon arrival at the Council for Social Development on August 29, in the evening at 4:00 P.M. Formal Registration requires the submission of the hard copy of a filled-in Registration Form, the scanned copy of which is required to be sent as per Rule 5.1, and payment of the registration fee of Rs. five hundred per team in cash. The details provided at formal registration will be final for the purposes of certification of participation and awards. 6. MEMORIAL EVALUATION AND QUALIFICATION 6.1 The teams must send a soft copy of their memorials for evaluation by 11:59 p.m. on August 15, to csdmoot@gmail.com; late submissions beyond the stipulated time will attract a 2 point penalty per memorial for each 4 hours of delay. No submissions shall be accepted for evaluation after 11:59 p.m. on August 16,. 6.2 Memorials submitted within the deadline will be evaluated according to Rule There shall be a Memorial Selection Round and the teams with the top 24 memorial scores will be invited to participate in the oral rounds of the Competition. The results of the Memorial Selection Round will be intimated to the teams by midnight of August 19,. The teams so invited must confirm their participation by sending an to csdmoot@gmail.com by midnight of August 20,. The teams are also requested to send their filled in Travel Details Form while confirming their participation. If the confirmation is not received within the stipulated time, the invitation to the team shall stand cancelled and the invitation will then be extended to the team with the next highest memorial score by midnight of August 21,. 7. ORAL ROUNDS 7.1 The student counsels shall not state their names during the oral rounds, and must use the Team Code assigned to the team. 6

11 7.2 There shall be two preliminary rounds, a quarter-final round, a semi-final round and a final round. If the number of teams participating is less than twelve, there shall be no quarter final round. 7.3 During the Oral Rounds : a) Each team will get a total of 30 minutes to present their case. This time will include the time for rebuttal and sur-rebuttal. b) The division of time per speaker is left to the discretion of the team subject to a minimum of 10 minutes per speaker. c) The oral arguments should be confined to the issues presented in the memorial. d) The researcher needs to be present with the speakers during all the oral rounds. e) The researcher is not allowed to pass notes to the speaker during the rounds. Maximum scores for the oral rounds shall be 100 points per speaker. f) The oral rounds shall be judged on the following criteria : Knowledge of Law Application of Law to Facts : 20 Points : 20 Points Ingenuity and Ability to Answer Questions : 20 Points Style, Poise, Courtesy and Demeanor Time Management Organization : 20 Points : 10 Points : 10 Points 8. PRELIMINARY ROUNDS & QUARTER-FINAL ROUNDS 8.1 Lots will be drawn during the Orientation on August 29, in the evening. This will be done after the Formal Registration. The exchange of memorials will take place the same evening. 8.2 There will be two preliminary rounds of arguments per team. 8.3 No two teams shall face each other more than once in the preliminary rounds. 8.4 All efforts will be made to ensure that no team faces the same bench more than once. 8.5 Preliminary rounds will be held on August 30, starting at 9:00 a.m. 8.6 The top 8 teams which have the highest aggregate Memorial Scores and Preliminary Rounds Scores shall qualify for the Quarter-final Rounds. 7

12 8.7 Quarter-final rounds will be held after preliminary rounds on August 30, and will be knock out rounds. Memorial scores will not be added to the overall scores in any of these Rounds. 9. SEMI-FINAL & FINAL ROUNDS 9.1 The semifinal and final rounds will take place on August 31,. 9.2 The semifinal rounds will be knock out rounds. 9.3 Memorial scores will not be added to the overall scores in either semi-final or final Rounds. 10. RESULTS 10.1 The results will be announced thirty minutes after each round The results of the final round shall be announced at the valedictory ceremony. 11. MEMORIALS The following guidelines must be strictly followed for the memorials. Non-compliance will entail penalties as provided below: 11.1 Teams have to prepare memorials for both the sides All soft copies must be ed in Microsoft Office Word 2003/2007 format only. Any other file extensions will entail a penalty of 5 points. Attachments should be titled as <Team code><a> for Appellant side and as <Team code><r> for Respondent side. e.g. 30A and 30R. The soft copies of the memorials must be ed to csdmoot@gmail.com Each team must ensure that the subject of the mail reads Memorial Submission by Team Code for 1 st KG Kannabiran National Moot on Transformative Constitutionalism The teams are required to submit 4 hard copies of the memorial for each side during the registration on August 29,. Non-compliance will entail a penalty of 5 points per copy not submitted. 8

13 11.4 Teams must not disclose the identity of their College/University anywhere in the Memorial. The team code assigned to each team shall be mentioned at the top right corner of the cover page of the memorial While the along with which the soft copies are sent (see Rule 6.1. above) can identify the institution s name, the soft copies themselves cannot bear any such identification. Non-compliance with this rule will entail penalties which may extend to disqualification The content of the hard copies must be the same as that of the soft copy. Noncompliance with this rule will entail penalties which may extend to disqualification The memorials have to be submitted on A4 size paper, printed on only one side, and must contain the following sections : i. Cover Page; ii. Table of Contents; iii. Index of Authorities; iv. Statement of Jurisdiction; v. Statement of Facts; vi. Statement of Issues; vii. Summary of Arguments; viii. Arguments Advanced; and ix. Prayer. Non-compliance of the Rule with respect to Sections (i)-(vii) as well as the Prayer will result in a penalty of 1 point per missing section. Non-compliance of the Rule with respect to Section (viii) will result in the Memorial not being considered for evaluation at all The memorials must be printed in Times New Roman font style, font size 12 with double spacing. The footnotes must be in Time New Roman font, font size 10 with 1.5 spacing. Non-compliance will result in a penalty of 0.25 per violation subject to a cap of 5 points per page The Arguments Advanced should not exceed 15 pages. Non-compliance will result in a penalty of 1 point per additional page. 9

14 11.10 The memorial as a whole should not exceed 30 pages including the cover page. Noncompliance will result in a penalty of 3 points per additional page The memorials should have a margin measuring one inch on all sides of each page. Non-compliance will result in a penalty of 0.25 point per page detected The numbering should be on the bottom and centre of each page. Non-compliance will result in a penalty of 0.25 point per page detected The petitioner s memorial cover page shall be printed on blue colour A4 size paper, and the respondent s memorial on red colour A4 size paper. Non-compliance will result in a penalty of 2 points per side A Uniform Style of Citation should be followed in the memorial throughout. Speaking footnotes are not allowed. Non-compliance will result in a penalty of 1 point per page The total penalty will be subject to an overall cap of 15 points The maximum scores for the memorials shall be 100 points. The memorials shall be evaluated on the following criteria : Knowledge of Law and Facts Proper and Articulate Analysis Extent and Use of Research Clarity and Organization Grammar and Style : 25 Points : 25 Points : 20 Points : 20 Points : 10 Points Memorial Scores shall be added to the Oral Scores only in the Preliminary Rounds. 12. RES EARCHER TEST A Researcher Test shall also be conducted for adjudicating the Best Researcher on August 30, after the quarter-final rounds. The speakers shall not be eligible to participate in the Researcher Test, unless there are exceptional circumstances. 13. SCOUTING No member of any team will be permitted to hear the arguments in any court room in which that team is not one of the contesting teams whilst that team is still in the competition. Scouting by any team in any manner shall result in instant disqualification. 10

15 14. AWARDS 14.1 Dr. Durgabai Deshmukh Award for Winning Team: The Winning Team will receive a trophy and a cash prize of Rs. 15,000/ Dr. C.D. Deshmukh Award for Runner-Up Team: The Runner-Up team will receive a trophy and a cash prize of Rs. 10,000/ Komuram Bhim Award for Best Memorial: The team with the Best Memorial will receive a trophy and a cash prize of Rs. 5,000/ Marang Gomke Jaipal Singh Munda Award for Best Speaker: The Best Speaker will receive a trophy and a cash prize of Rs. 5,000/ Dakshayani Velayudhan Award for Best Researcher: The Best Researcher will receive a trophy and a cash prize of Rs. 5,000/ Certificates will be provided to the team with the Second Best Memorial, Second Best Speaker and Second Best Researcher. In addition to the above, a Certificate of Participation will be awarded to all the participants Top eight teams will be selected for Adivasi Rights and Advocacy Workshop, to be conducted at Council for Social Development, Hyderabad by eminent lawyers and academicians from across the country working on various Adivasi issues. 15. DECISION OF THE JUDGES SHALL BE FINAL The decision of the judges with regard to the outcome of the rounds shall be final. 16. ACCOMMODATION, FOOD AND TRANSPORT Accommodation and food shall be provided to all the teams by Council for Social Development from August 29, until September 1,. Transport arrangements will be made in accordance with the schedule. If teams wish to travel back and forth they will be required to arrange transportation to and from their venue on their own. The 24 teams selected for participation in the oral rounds will be entitled to the reimbursement of round trip 3 AC Train Fare (ordinary) from their colleges to Hyderabad. All members of the team must produce original tickets to claim reimbursement. The claim can be made on August 29, at the time of Registration. 11

16 17. CLARIFICATIONS REGARDING THE MOOT PROBLEM All queries relating to clarifications regarding the Moot Problem should be sent to by July 21,. A full list of clarifications shall, if need be, sent to all teams via by July 26,. 18. CONTACT In case of any queries or clarifications regarding the competition feel free to drop a mail at csdmoot@gmail.com or contact the following: Kriti Sharma: Anjali Rawat:

17 IMPORTANT DATES PARTICULAR DATE Deadline for Registration July 21, Deadline to send queries relating to July 21, Clarifications Release of Clarifications July 26, Deadline for Submission of Soft Copy of August 15, Memorials Declaration of Results Notifying Top 24 August 19, Teams Deadline for Submission of Duly Filled-in Travel Details Form Along with confirmation of participation in the oral rounds i

18 REGISTRATION FORM Date : Name of the Institution : Address : TEAM DETAILS : 1. Speaker 1 : Gender : Address : Contact Number : 2. Speaker 2 : Gender : Address : Contact Number : 3. Researcher : Gender : Address : ii

19 Contact Number : Signature of the Head of the Institution Seal of the Institution [Please mail the scanned copy of the duly filled-in Registration Form to csdmoot@gmail.com latest by July 21,.] iii

20 TRAVEL DETAILS FORM Name of College/University : Name of Participant Date & Time Mode of Arrival & Date & Time of Mode of Departure (With contact of Arrival Name of Airport/ Departure & Name of Airport/ number) Station Station Any additional information : Note : The teams invited to participate in the oral rounds and coming for the same are requested to send this via to csdmoot@gmail.com along with the confirmation . iv

21 ROUTE MAP TO CSD & HENRY MARTIN INSTITUTE Medhipatnam Hotel Golkonda Sec,bad Rly. Station Nampally Rly. Station Imlibun Bus Stand Ravindra Bharathi Afzalgunj Henry Martin Inst. Dairy Farm Bahadurpura X Rds Aram Garh X Roads CSD NIRD Arch NIRD A N G Agriculture University v Rajiv Gandhi International Airport

22 Route from Hyderabad Airport to Henry Martin Institute Ask the cab driver to drive down to Aramgarh junction. Drive towards SVP National Police Academy. The Henry Martyn institute will fall in the left side before the Academy. (18 Kms) Route from Hyderabad Central Bus Stand (Imlibun) to Henry Martin Institute Bus Route Nos 95R, 95K, 95M from Central Bus stand will take you to National Police Academy. The Henry Martyn institute will fall on the right side after the Academy. (9 Kms) Route from Hyderabad Railway Station (Nampally) to Henry Martin Institute Bus Route Nos 95R, 95K, 95M from Afzalgunj will take you to National Police Academy. The Henry Martyn institute will fall on the right side after the Academy. (Some 1Z buses will travel directly to NPA, do enquire with conductor) (12 Kms) Route from Secunderabad Railway Station to Henry Martin Institute Catch a bus 1 or 1Z to Afzalgunj. Change to Bus Route Nos 95R, 95K, 95M from Afzalgunj which will take you to National Police Academy. The Henry Martyn institute will fall on the right side after the Academy. (Some 1Z buses will travel directly to NPA, do enquire with conductor) (18 Kms) Henry Martyn Institute: International Centre for Research, Interfaith Relations and Reconciliation /1, beside National Police Academy Shivarampally Hyderabad , India Phone: vi

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