Proposition RELATING TO CONSTITUTION AL LAW

Transcription

1 OPPORTUNITY TO GROOM LAW STUDENTS AS FUTURE LAWYERS Glimpses of 1 st NMCC Proposition RELATING TO CONSTITUTION AL LAW IN THE SERENE AMBIENCE OF DOON VALLEY Glimpses of 2 nd NMCC Glimpses of 3 rd NMCC ORGANISED BY SCHOOL OF LAW, IMS UNISON UNIVERSITY DEHRADUN 1

2 IMS UNISON UNIVERSITY 4 th NATIONAL MOOT COURT COMPETITION-2016 Dear Sir/Madam, INVITATION FOR PARTICIPATION IN THE IMS UNISON UNIVERSITY 4 th NATIONAL MOOT COURT COMPETITION, 2016 It gives me immense pleasure to announce the Fourth Edition of IUU, National Moot Court Competition. The School of law, IUU invites participation from your esteemed institution for the competition scheduled on Oct , We started in 1996 as IMS Dehradun, a non-profit organization set by a group of visionaries dedicated to the cause of changing the face of professional education in Northern India. The University today provides a platform for excellence in teaching, learning and administration. State of the art Information Technology is extensively used in the University contributing to the development of well-trained graduate, post-graduate and doctorate students. The University strives to provide holistic learning through a multidisciplinary approach and also to promote research and innovation in all spheres of its activities in order to become a national and global epicenter of knowledge, culture, skills and technologies. School of law, IUU is making rapid advancements in standards of legal education and research. It offers B.A. L.L.B and B.B.A. L.L.B. five years Integrated Program; L.L.M and Ph.D. courses. The courses are designed to provide overall development of a student to strengthen to face the need of hour and global challenges. We look forward for participation of your team in the aforesaid National Moot Court Competition and make it a successful event. The Moot Competition Proposition, Official Schedule and the Official Rules and Regulations governing the competition are enclosed herewith. Thanking You With regards, Dr. Saroj Bohra Head of Department School of Law, IMS Unison University, Dehradun Uttarakhand 2

3 IMS UNISON UNIVERSITY 4 th NATIONAL MOOT COURT COMPETITION-2016 SCHEDULE Key Dates 2 nd Sept, 2016 Release of Moot Proposition and Rules of the Moot Court Competition 23 rd Sept, 2016 Last Date for Submission of Soft Copy of Registration Form, Demand Draft & Travel Plan sol.mootcourt@iuu.ac 24 th Sept, 2016 Last Date for clarification of Moot Proposition 28 th Sept, 2016 Last Date for Submission of Hard Copy of Registration Form, Demand Draft & Travel Plan 2 nd Oct, 2016 Last Date for Submission of Memorials (Soft Copy) 7 th Oct, 2016 Last Date for Submission of Memorials (Hard Copy) 13 th Oct, 2016 Inauguration, Draw of Lots, Memorial Exchange& Researcher Test 14 th Oct 2016 Preliminary Rounds and Quarter Finals 15 th Oct 2016 Semi Finals, Finals & Valedictory 3

4 IMS UNISON UNIVERSITY 4th NATIONAL MOOT COURT COMPETITION-2016 RULES AND REGULATIONS I. ELIGIBILTY The Competition is open for students pursuing three/ five year LL.B. Degree Course from any recognized Law College/University in India, subject to fulfillment of the registration formalities. II. TEAM COMPOSITION Each team shall consist of maximum of three members (two speakers and one researcher). III. REGISTRATION 1. In order to confirm participation, teams of every Institution should register themselves. The registration process consists of the following two steps: Step one: Each team is required to send a scanned copy of their duly filled-in Registration form along with the Demand Draft to sol.mootcourt@iuu.ac by September 23, Subject of the mail should bear Registration Form for IMS UNISON UNIVERSITY 4th National Moot Court Competition a. The Demand Draft shall be drawn in the favour of IMS Unison University payable at Dehradun. Step two: Registration Form and Original Demand Draft should be sent to the address of the University by 28 th September and Registration Form for IMS UNISON UNIVERSITY 4th National Moot Court Competition-2016 should be superscribed on the envelope. The postal address is as under: Moot Court Society School of Law, IMS Unison University, Makkawala Greens, Mussorie Diversion Road, Dehradun

5 2. Registration Fee: Rs. 4500/- (Rupees Four Thousand only) for each participating team. 3. Forms received after the deadline i.e. September 25, 2016 shall not be considered for registration. 4. The Registration is open to 36 teams only on first cum first serve basis. 5. No on the spot registration permitted. IV. CRITERIA FOR MEMORIAL EVALUATION: 1. Teams have to prepare Memorials for both the sides. 2. The teams must send soft copies of both sides on or before October 2, 2016 to In addition 2 (TWO) hard copies of each side of the memorials should reach the University address up to October 7, The teams will also have to submit 5 (FIVE) hard copies of each side of the memorial at the Registration Desk on 13 th October, Note: Late submissions beyond the stipulated time period will attract a 2 point penalty per memorial for each day of delay. Soft Copies of Memorials submitted after October 2, 2016 shall not be considered for evaluation. 3. Format of Memorials 3.1 The memorial shall not exceed 30 typed A4 size pages. 3.2 Color of the cover page must be Blue in case of Petitioner/Appellant and Red in case of Respondent. 3.3 Body of Memorial shall include: i. The Cover Page ii. Table of Contents iii. List of Abbreviations iv. Index of Authorities / Table of Cases v. Statement of Jurisdiction vi. Statement of Facts vii. Statement of Issues viii.summary of Arguments ix. Arguments Advanced/Detailed Arguments. x. Prayer xi. Bibliography The title page shall include: i. The Name of the Court ii. The Year of the Competition iii. The name of the Case 5

6 iv. The name of the parties v. Team Code to be indicated at the top right corner in bold.(eg. T1) which shall be intimated to the respective teams by 29 th Sept, vi. The title of the Document(i.e. Memorial for Petitioner or Memorial for Respondent ) The memorial shall not exceed 30 pages. The following contents are inclusive within the stipulated page limit: a. Pleadings b. Conclusions c. Annexure, if any d. Appendices and footnotes. Any issue or pleading, not discussed within the above mentioned contents of the Memorial shall not be included in any other section of the Memorial. 3.4 The font of the body of the memorial should be Times New Roman, size 12, line spacing 1.5 & headings should be 14. Bluebook 19 th edition must be strictly adhered to for citations. 3.5 Memorials should be spiral bound/hard bound. 3.6 Memorials should have one inch margin on all sides of each page. 3.7 Pages should be numbered at the bottom middle. 3.8 The memorial should not contain any photographs/sketches/exhibits/affidavits etc. 4 All memorials received within time schedule will be evaluated by the Memorial Evaluation Committee (MEC) to be constituted by the Moot Court Society. 5 The evaluation will be done on the following parameters: Criteria Maximum Marks Knowledge of Facts and Law 25 Extent and Use of research 25 Proper and Articulate Analysis 20 Clarity and Organization 10 Correct Format and Citation 10 Grammar and Style Evaluation done by the Moot Court Society shall be final and binding. 6

7 V. SUBMISSION AND FORMATING OF THE MEMORIALS Delay in the submission of the memorials, use of incorrect font or font size, use of font of inconsistent size, or improper line spacing, failure to include all parts of the memorial, or inclusion of an unremunerated part, substantive legal argument outside of approved sections of memorial, improperly formatted index of authorities, excessive length, failure to include necessary information on the memorial cover, inclusion of any identifying mark, character or text in the memorial shall result in imposition of penalties. VI. RESEARCHER TEST There shall be a Researcher Test on 13 th September, 2016 and it is mandatory for all the researchers to take part in this competition. Best Researcher shall be determined by the marks of the researcher test; however the marks of the researcher test shall not be added to the mooting marks of any team. VII. ROUNDS 1. Draw of lots In the draw of lots, each team will be assigned a side (appellant/respondent). Fixtures of the teams will be according to the Draw of lots. 2. Preliminary Round Each team shall represent both the sides as decided during the draw of lots. The merit list shall be prepared on the basis of twin wins and then otherwise cumulative scores shall be considered. Note: The top 16 teams selected after this round will proceed to the Pre-Quarter Finals. 3. Pre-Quarter Finals This will be a knock out round and each team shall represent only one side as will be decided by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded by the judges in this round only. Note: The winning 8 teams selected after this round will proceed to the Quarter Finals 4. Quarter Finals This will again be a knock out round and each team shall represent only one side as will be decided by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded by the judges in this round only. Note: The top 4 teams selected after this round will proceed to the Semi Finals. 7

8 5. Semi Finals This will again be a knock out round and each team shall represent only one side as will be decided by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded by the judges in this round. Note: The winners from each court room will proceed to the Final Round. 6.Final Round The final round shall take place between the winners of the Semi-Final round. VIII. PROCEDURE AND MARKING OF COURT ROUNDS 1. Each team will get a total of 25 minutes to present its case in the Preliminary, Pre-Quarter and Quarter Final Rounds and 40 minutes for the Semi Finals and Finals. This includes the time for rebuttal and sur-rebuttal. 2. The division of time per speaker is left to the discretion of the team. However maximum time for each speaker shall not exceed 13 minutes for Preliminary, Pre-Quarter and Quarter Finals and 22 minutes in the Semi Final and Finals. 3. The arguments should be confined to the issues presented in the memorial. 4. The researcher needs to be present with the speakers during all the rounds. 5. Maximum scores for the court rounds will be 100 marks per speaker. The court rounds will be judged on the following parameters: Criteria Maximum Marks Knowledge of Law 20 Application of Law to Facts 20 Ingenuity and Ability to Answer Questions 20 Style, Poise, Courtesy and Demeanor 20 Time Management 10 Organization 10 IX. COURT MANNERS (ORAL ARGUMENTS) (1) Any form of communication between the Bar table and any person other than those on the Bench is prohibited, and if indulged in, will result in a penalty point (2) Submission of any written material other than the memorials and any other documents related to the proposition in hand to the Bench prior to, during or after oral arguments is not allowed and if indulged, in will result in a penalty point. (3) Failure to deliver an oral argument shall be considered in entirety, a disqualification. 8

9 (4) Use of any kind of electronic devices like laptop, mobile, ipads etc is strictly not allowed during the moot proceedings. X. DRESS CODE Inside the Court Room the participants shall be in Formals. Female(s): White Salwar and Kurta /White Shirt, Black Trouser and Black Tie along with Black Blazer and Black Shoes. Male(s): White Shirt and Black Trouser along with Black Tie, Black Blazer and Black Shoes XI. AWARDS AND CERTIFICATES Categories of Awards: i. Winner of the Final Round will be given the Best Team award. ii. Runner-up of the Final Round will be given the 1 st Runner Up award. iii. Team placed 3 rd will be given certificate of 2 nd Runner Up. iv. Team with the highest memorial scores will be given the Best Memorial award. v. Best Mooter award shall be determined on the basis of the total marks secured during the Preliminary Round. vi. In addition to the above, certificates will be issued to all the participants only during the valedictory function and no prior request shall be entertained in any case. XII. ACCOMMODATION, FOOD AND TRAVEL Accommodation, Food and Transport for participating teams from the Hotel to the Venue will be provided by the Organizer. Any change in the travel plan should be immediately intimidated to the organizers. Accommodation shall be provided from 13 th Oct, PM to 15 th Oct PM. Teams have to make their own arrangements if they arrive before the mentioned period or stay beyond it. No arrangement shall be provided to any additional team member of the team apart from the registered members. Note: Boys & Girls shall be provided separate accommodation. XIII. DISPUTES Any dispute about the Moot Court Competition shall be referred to the Moot Court Society, before the end of the competition and its decision shall be final and binding. XIV. CODE OF CONDUCT (1) The language for the Moot Court Competition shall be English. 9

10 (2) All participants are expected to maintain the decorum in the Court during the competition and are expected to conduct themselves in a manner befitting the legal profession. (3) Scouting: Speakers, a reserve or persons affiliated with the team, will not be permitted to hear the arguments in any court room in which the team is not one of the contesting teams whilst the team is still in the competition. XV. CHEATING, INTIMIDATION AND MISCONDUCT (1) Cheating or using of unfair means of any kind is strictly prohibited and if indulged in, shall result in disqualification of the team. (2) Intimidation in any form is prohibited and if indulged in, shall result in disqualification of the team. (3) Misconduct, whether behavioural or otherwise, is not allowed and if indulged in, shall result in disqualification of the team. XVI. NON-COMPLIANCE WITH THE RULES OF THE MOOT COURT SOCIETYY (1) The participants are required to comply with the rules formulated by the Organizing Committee at all times during the Moot Court competition. (2) In case of any non- compliance with the rules of the Moot Court Society penalty may be imposed by deduction of marks and the teams may also be disqualified after they have been warned once. (3) Grounds for Penalty/ Disqualification i. Use of Electronic Devices like Mobile, Laptop, IPads etc ii. Scouting iii. Misconduct with the judges or with the Moot court Society. XVII. MOOT COURT SOCIETYY Faculty Convener- Ms. Shalini Saxena Faculty Co-Convener- Ms. Shruti Das Student Convener(s) (i) Mr. Joyanto Chakraborty (ii) Mr. S.K.Ghosh Student Co-Convener(s) (i) Mr. Lakshya Madan (ii) Mr. Shivam Sharma (iii) Ms. Ritika Sharma (iv) Ms. Maham Haider (v) Mr. Hardeep Singh (vi) Mr. Kumar Rajat 10

11 XVIII. QUERIES AND CLARIFICATIONS In case of any questions related to problems or clarifications regarding the competition, feel free to contact the following by 27 th September, 2016: Website: Contact: Mr. Joyanto Chakraborty, Student Convener Mobile Mr. S.K. Ghosh, Student Convener Mobile

12 IMS UNISON UNIVERSITY 4th NATIONAL MOOT COURT COMPETITION-2016 REGISTRATION FORM INSTRUCTIONS: All participating teams are requested to fill in the details in capital letters and a scanned copy of the filled form should be mailed to sol.mootcourt@iuu.ac to expedite allotment of the team code. Please read the Rules & Regulations of the competition before submitting this registration form. 1. UNIVERSITY/ INSTITUTION DETAIL Name of University/ Institution:. Address of University/ Institution: Name of Dean / HOD:... Telephone No.: Fax No.:... Website: SPEAKER 1 PHOTO Name:.... Gender:.... Course:.. Year:. Mobile No: SPEAKER 2 PHOTO Name:..... Gender: Course: Year:. Mobile No:

13 4. RESEARCHER PHOTO Name:... Gender: Course:.... Year:. Mobile No: DEMAND DRAFT DETAILS: Name of the Bank:. Demand Draft No:..... Amount:..... Date: Note: Demand draft should be in favor of IMS UNISON UNIVERSITY payable at Dehradun. 6. DECLARATION BY THE TEAM MEMBERS We hereby certify that the information given by us is true and complete in all material respect. We also undertake to abide by the Rules & Regulations of the Moot Court competition. Signature of Speaker 1 Signature of Speaker 2 Signature of Researcher Date: Seal and Signature of the head of the Institution 13

14 IMS UNISON UNIVERSITY 4th NATIONAL MOOT COURT COMPETITION-2016 TRAVEL PLAN 1. Name of the Team Members: Member1:.... Gender: Member2: Gender.. Member3:... Gender:.. 2. Name of University/ Institution: Arrival Details: a. Mode of Arrival: Train Air Bus b. Train/Flights No. & Name:... c. Scheduled Arrival: Date.. Time. am/ pm d. Coach No. (In case of Train): Departure Details: a. Mode of Departure: Train Air Bus b. Train/Flights No. & Name:.. c. Scheduled Departure: Date.. Time. am/pm d. Coach No. (In case of Train): 6. Any other details:.... Signature of Speaker 1 Signature of Speaker 2 Signature of Researcher Note: All the participating teams are requested to send the scanned copy of the travel plan via to sol.mootcourt@iuu.ac by 7 th Oct,

15 IMS UNISON UNIVERSITY, DEHRADUN 4 th NATIONAL MOOT COURT COMPETITION, 2016 October 13-15, 2016 Moot Proposition 1. Indiana is a federal republic country situated in south-east Asia along the equator. The country gained freedom in 1957 after a long drawn struggle against a European nation which ruled the country for almost two hundred years and established the common law system as is prevalent in the other commonwealth countries. The Penal Code of Indiana was drafted way back in the 19 th century and is in operation still today with some minor changes after the independence. 2. The Constituent Assembly of Indiana which was constituted prior to the independence drafted the constitution of the country in 1960 which made Indiana a sovereign democratic&republic country as per its preamble while the clauses of secular &socialist were added later by constitutional amendment. The Indiana Constitution is acknowledged worldwide for the fundamental rights guaranteed to its citizens. 3. Indiana is constituted of 24 states &5 union territories which are directly administered by the Central Government. New Delporto is the capital of the state of Indiana and though it is also a Union Territory but Delporto has been given a special status by virtue of which it has its own Government although public order is maintained by the Home Ministry of the Union Government. 4. Delporto is an education hub of the country and student from across the country come to this city to pursue various educational degrees and the city has some of the best colleges & universities of the nation. One such university is Great Northern University (GNU) which has earned special reputation through the years in the field of research and academic contributions. GNU has a very active culture of student politics which sometimes turn violent as clashes between opposite ideological student groups is very common. 5. Although there are a number of student unions in the university, but the Great Northern University Students Union (GNUSU) is by far the largest of them all. The GNUSU has been winning the 15

16 students council elections since the last 10 years at a stretch as a result of which the President of this union always has a substantial influence among the other members of the union. 6. The GNUSU is a branch of the AISU (All Indiana Students Union), a left inclined organization which has a traditional history of holding protests and student revolutions on various issues. In 2015 general elections were held in Indiana and the Indiana Peoples Party (IPP) came to power with a huge mandate winning 270 of the 480 seats of the lower house of the Indiana Parliament. The Indiana Peoples Party subscribes to right wing ideologies and for obvious reasons the GNUSU has always been opposed to it politically. After coming to power, the IPP government embarked on an economic reform mission which looked to liberalize the economy to bring more foreign investments. These ideas did not go well with the GNUSU and as a result country wide protests were held by them. 7. On June 8, 2016 a countrywide strike was called by the parent body of GNUSU and during the strike a national highway was allegedly blocked by thesupporters of AISU in Utkal, anotherunion Territory in Indiana governed by the union government. The protestors were lathi charged by the police and some of them were seriously injured and had to be admitted to the hospital. The protestors claimed that they were just sitting peacefully on the road and that they were not given any warning by the police before the lathi charge. 8. As soon as this news of lathi charge broke out through electronic and social media, violent protests were held all across the country especially in Delporto. The GNUSU led the protest in capital city and its presidentramaiya Kumar became the face of the movement. One of the injured students, Tomar Rashid filed a writ petition against the Union government claiming that his right to peaceful assembly was infringed by the state and claimed adequate compensation for his injuries. 9. The movement gathered momentum and soon more students joined in. Political colours were also added to the movement by the fiery speeches of the GNUSU leaders. On 16 th of June, 2016 a rally was organized in Delporto by GNUSU to show solidarity to the injured students of Utkal. Meanwhile some posters were put up across the campus of GNU which claimed that the rally was also in solidarity of the hanging of Chengiz Khan, who was hanged 3 years ago on the same date. All such posters had the signature of Ramaiya Kumar. 10. Chengiz Khan was a separatist leader who was the main accused in a terrorist attack at the Indiana Parliament back in He belonged to the northern most state of Mashkir, which has always been 16

17 an issue of dispute with the neighboring nation of Paristan.Mashkir has been the centre of controversy for decades as a separatist movement has been going on since As the rally began, the protestors who were high in energy and enthusiasm began to shout slogans against the so called dictatorship of the government and pledged to fight against the government till the date. Some of the incidents of the rally were recorded by various news agencies. Although the rally ended peacefully, some videos began to circulate in social media where it was seen that the Ramaiya Kumar in his speech claimed that Tuba deserved to be independent and that they will seek independence at any cost. This video became viral and soon the government arrested Ramaiya Kumar late at night and slapped him with the charges of sedition. 12. The session court held Ramaiya guilty and sentenced him to one year of imprisonment. He filed an appeal in the High Court of Delporto where his lawyer also challenged the constitutionality of the provision of sedition and argued that it is a colonial provision and has no relevance in an independent nation like Indiana. The Delporto High Court while upholding the order of the session court issued a certificate under Article 134A stating that the case involved a substantial question of law which should be decided by the Supreme Court. 13. The news of Ramaiya Kumar s arrest soon became a nationwide topic of discussion and all the news channels dived into this phenomena giving extensive coverage to the issue. Some of the news channels repeatedly telecasted the speech of Ramaiya Kumar and sympathies began to pour in from certain sections of political and intellectual class of the nation who were ideologically opposed to the IPP. The Paristani Prime Minister also made a statement sympathizing with Ramaiya and passively endorsed his views on Mashkir. 14. As the monsoon session began, the government by virtue of its majority made an amendment to the Press Councils Act, Section 14A was incorporated into the act which read as: Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper or news agency has offended against the sovereignty or integrity of the nation or national interest or that an editor or working journalist has by their conduct either by written or orally tried to manipulate public opinion against the sovereignty & integrity of the nation or against the elected government, the Council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn,, admonish, censure the newspaper, the news agency, the editor or 17

18 the journalist, disapprove the conduct of the editor or the journalist as the case maybe or may impose afine not exceeding Rs 10,00, As soon as the amendment was passed, a number of newspapers and news channels were censured and some of them were also fined. One of them, Mr. Kamal Kapoor, who is the head of Indiana 24*7, an English news channel, filed a petition in the Supreme Court of Indiana and challenged the constitutionality of Section 14A of the Press Councils Act, The Supreme Court of Indiana in the interest of justice clubbed the 3 matters given their inter connection and listed them for final hearing. Note: The Constitution, Press Councils Act & other laws of Indiana are pari materia with the Constitution, Press Councils Act & other laws of India. 18