Moot court competition, Schemes and Mind Maps of Law

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RGNUL INTRA MOOT COURT COMPETITION, 2021

MOOT PROPOSITION^1

State of Indicus was a multilingual federal state under colonial rule of Pax Britannica that attained independence in 1947. One day prior to independence of Indicus the colonial masters partitioned the territory of Indicus and created a new Bawali language speaking sovereign state of Bawalistan. State of Indicus as it existed prior to her independence had a multilingual population with 48 per cent Indi speakers, 22 per cent Inqilabi, 15 per cent Bawali, 12 per cent Yrdu and remaining 3 per cent speakers belonging to Cucci, Zucchi and Dodo family of languages. Partition of Indicus was based on a decision of colonial government to recognise the aspirations of Bawali speaking linguistic minority concentrated in north-west of Indicus and thus two new states- Multilingual Republic of Indicus and Republic of Bawalistan- came in existence in 1947. As per their respective censuses of 1951 the Multilingual Republic of Indicus has a 56 per cent Indi speakers, 24 per cent Inqilabi, 2 per cent Bawali, 14 per cent Yrdu and remaining 4 per cent speakers belonging to Cucci, Zucchi and Dodo family of languages while Bawali Republic of Bawalistan had 75 per cent Bawali speakers, 15 per cent Indi speakers and 10 per cent Inqilabi speakers. Indicus inaugurated her Constitution in 1950 that confirmed that state shall always remain multilingual and linguistic minorities shall have the right to protect, preserve and promote their respective languages. Meanwhile Republic of Bawalistan officially declared herself as a Bawali Republic of Bawalistan in 1956 and issued orders making Bawali as the only official language of the state. (^1) The moot proposition has been drafted by Mr. Sidhartha Fuller , Assistant Professor of Law, RGNUL, Punjab. Any contact with him regarding the proposition shall constitute an offence of scouting and attract disqualification or any other punishment decided by the RGNUL Moot Court Committee.

Seventy years later the Census of 2021 revealed that Bawali Republic of Bawalistan has 95 per cent citizens registering Bawali as their language and just 5 percent speak Indi and Inquilabi languages. Media reports and works of independent scholars testify about large scale discrimination against Indi and Inquilabi language speaking communities in their own homeland post the partition. In response to these federal legislatures of Multilingual Republic of Indicus enacted Citizenship (Amendment) Act, 2021 amending the Citizenship Act, 1955 to provide relief to non Bawali speaking Indi and Inquilabi communities. Text of the Citizenship (Amendment) Act, 2021 is as follows: An Act further to amend the Citizenship Act, 1955. BE it enacted by Parliament in the Seventy Third Year of the Republic of Indicus as follows:—

1. (1) This Act may be called the Citizenship (Amendment) Act, 2021. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, in sub-section (1), in clause (b), the following proviso shall be inserted, namely:— "Provided that any person belonging to Indi, Inqilabi, Yrdu, Cucci, Zucchi and Dodo speaking linguistic communities of Bawali Republic of Bawalistan who entered into Indicus on or before the 31st day of December, 2019 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into Indicus) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or

order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;".

3. After section 6A of the principal Act, the following section shall be inserted, namely:— '6B. (1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section 2. (2) Subject to fulfilment of the conditions specified in section 5 or the qualifications for naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India from the date of his entry into India. (3) On and from the date of commencement of the Citizenship (Amendment) Act, 2021, any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him: Provided that such person shall not be disqualified for making application for citizenship under this section on the ground that the proceeding is pending against him and the Central Government or authority specified by it in this behalf shall not reject his application on that ground if he is otherwise found qualified for grant of citizenship under this section: Provided further that the person who makes the application for citizenship under this section shall not be deprived of his rights and privileges to which he

was entitled on the date of receipt of his application on the ground of making such application.

4. In the Third Schedule to the principal Act, in clause (d), the following proviso shall be inserted, namely:— 'Provided that for the person belonging to Indi, Inqilabi, Yrdu, Cucci, Zucchi and Dodo speaking linguistic communities of Bawali Republic of Bawalistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as "not less than five years" in place of "not less than eleven years". This amendment was first opposed by dharnas, road-blocks, protests and sloganeering in different neighbourhoods of national capital of Indicus, namely NCT of Belli. The calls for protests were initiated by a social media star and Bawali language activist Ms. Satasha Sabar and her group called Citizens for Equal Citizenship (CEC). Main highway connecting the capital Belli to satellite township of Powai was blockaded on January 01, 2021 and movement of goods and passenger vehicles was obstructed. Reports were published that CEC received funds from various national and international sources to sponsor the protest and it was at this protest ground Azadi slogans were raised, Ms. Satasha Sabar claimed on stage that ‘Government of Indicus cannot be allowed to go ahead with the genocide of Bawali speakers in Indicus and that if such steps were not shot down by the concerned in citizenry the country will be divided once again and that if the Act is not withdrawn there would be bloodbath’. She was instrumental in creating whatsapp groups to help raise crowds and also used social media handles to raise provocative slogans against the duly elected government. On January 15, 2021 those Indi activists, led by Mr. Indi Bhushan Singh, who sought to support newly enacted Citizenship (Amendment) Act, 2021 on the ground that it gave shelter to victims of Indi and Inquilabi speaking communities from Bawali State of Bawalistan came out on streets, raised slogans

against Bawali State of Bawalistan, Bawli language activists in Indicus and CEC for opposing sanctuary to Indi speaking communities. This was followed by large scale rioting and arson in national capital Belli. Rioting involved use of fire arms and petrol bombs and the death toll of 53 citizens was reported in two days of rioting. More than 100 others were grievously injured in the riots. Immediately thereafter Belli Police registered an FIR was registered under sections 124A, 120 B and 153A against Ms. Satasha Sabar for her speeches and social media posts and she was arrested. She was convicted by the trial court for the said offences and her conviction was sustained by the High Court. Her appeal is pending before the Supreme Court. She has raised doubts about the constitutional validity of S. 124A of IPC on the ground that it violates her free speech and such a restriction is not contemplated by reasonable restrictions in Art 19(2) of the Constitution. Supreme Court has agreed to constitute a 5 judge Constitution bench to examine if S. 124 A is constitutionally ultra vires and framed the following issues.

1. Whether sedition can be determined only on the basis by the content of the language used to cause disaffection, hatred or contempt?
2. Whether sedition can be determined only insofar as seditious speech tended to incite public disorder?
3. Whether Kedar Nath Singh ruling of Supreme Court of India limiting interpretation of sedition to public disorder-causing speech makes it easy for it to be invoked against all dissenters? Whether such an interpretation is compatible with free speech guartanteed under Art 19 (1)(a) of the Constitution? Note: Laws of Indicus are pari materia that of Republic of India.

THE RGNUL INTRA MOOT

COURT COMPETITION RULES,

THE RGNUL INTRA MOOT COURT COMPETITION RULES, 2021

CHAPTER I - PRELIMINARY

1. Short Title and Commencement: (1) These Rules may be called the RGNUL Intra Moot Court Competition Rules, 2021. (2) These Rules shall come into force on June 25 , 202 1. 2. Definitions: Unless otherwise provided, the words used in the Rules shall be construed as defined hereinafter – a. “Administration” means the administration of the University and shall include decisions of the committee. b. “Committee” means the RGNUL Moot Court Committee. c. “Competition” means the RGNUL Intra Moot Court Competition 2021. d. “Draw of Lots” means the virtual draw of lots organized to allot sides to the participating teams in any manner as prescribed by the committee. e. “Moot Proposition” means the case or the fact sheet released by the committee for the purpose of the competition. f. “Moot Court Competition” means various moot court competitions, national or international, including national rounds of International Moot Court Competitions organized by various colleges, universities and institutions in and outside India wherein the University shall be represented. g. “Oral Rounds” means the virtual oral pleadings presented by the teams before the judges. h. “Rules” mean the RGNUL Intra Moot Court Competition Rules, 2021. i. “Soft Copy” refers to the electronic version of the written submission mailed to the committee on [email protected]. j. “Team” means the team having composition as mentioned in Rule 4 and is registered by the committee under Rule 5 for participating in the competition.

k. “Team Code” means the unique code that shall be provided to the registered teams and shall be used by the teams for all further communications. l. “University” means Rajiv Gandhi National University of Law, Punjab. m. “Written Submission” means the document prepared by the team in accordance with Chapter IV.

CHAPTER II–ELIGIBILITY & TEAM COMPOSITION

3. Eligibility: a. All the students of the University, currently in their First, Second, Third or Fourth year pursuing five year integrated course of B.A. LL.B. (Hons.) are eligible for taking part in the RGNUL Intra Moot Court Competition, 2021.

Provided that the students who have been barred from participating by the Committee under

any foregoing Rules of the Committee or by the order of the Administration shall not be eligible

for taking part in the Competition.

4. Team Composition: A team shall comprise of three members out of whom two shall be designated as speakers while one shall be designated as the researcher

Provided that same person cannot be designated as the speaker as well as researcher.

5. Registration: The Registration shall be completed by filling the mentioned Google form on or before 26 th^ June, 2021 (11:59 PM). No entries after the registration date shall be entertained by the Committee. Participants shall only use and provide the RGNUL email ids’ for the purpose of registration. The link for the google form is: https://forms.gle/nBD3rQteQJwCiqGx 6. Allotment of Team Code: Every team registered for the competition shall be allotted a unique code which shall be used by it for all further communications with the Committee.

CHAPTER III–FORMAT OF THE COMPETITION

7. Format of the Competition: The competition shall comprise of the “General Intra Moot” and subsequent “Qualifier Rounds” for notified Moots.

8. General Intra Moot: (1) The General Intra Moot shall comprise of the regular Intra Moot Court Competition held annually. (2) All the moots (except the moots notified for the Qualifiers) notified for allotment shall be allotted via the results of the General Intra Moot. 9. Qualifier Round for Notified Moots: (1) The Committee shall notify certain moots (Mentioned in Schedule IV) specifically for the qualifier pool. (2) All the teams who win in their respective court room during the General Intra Moot will be eligible to apply for the qualifier round. (3) The qualifier round will be held on the same moot proposition as the General Intra. (4) The notified moots (as specified in Schedule IV) will be allotted according to the marks obtained in the Qualifier Round plus General Intra. 10. Researcher’s Test: (1) There shall be a researcher’s test for all the team participating in the competition. Only the individual designated as ‘researcher’ in the registration form shall be allowed to take Researcher’s Test. The modalities of the Researcher’s test would be informed soon by the Committee.

Provided that the format and duration of the Researcher’s Test may change according to the

Committee’s decision without any prior notification as to the same.

11. Orals Rounds: a. The Committee shall organize virtual oral rounds against each other or ex-parte, as the case may be. b. Each team shall be arguing from one side only. That Side shall be decided through draw of lots or any other method prescribed by the committee. Each team shall be allotted a maximum time of 30 minutes inclusive of time for rebuttals and sur-rebuttals. c. Every speaker can speak a maximum of 18 minutes subject to minimum time of 12 minutes. d. Extra time shall be at sole discretion of judges.

e. Speakers in the oral rounds shall be marked in accordance with the marking criteria as provided under Schedule III of the Rules and as determined by the Committee from time to time. f. Individual speaker Scores shall be calculated as following: Aggregate Speaker Score = Score in oral rounds +1/2 (Aggregate memorial scores).

12. Computation of Aggregate Score: The aggregate score of a team shall be computed as the total of - a. Aggregate Score of Speaker 1; b. Aggregate Score of Speaker 2; c. Aggregate Score of Researcher 13. Arrangement of Ranking: The committee shall be declaring the following rankings: a) Speaker Ranks: Speakers shall be ranked according to the individual speaker scores calculated as per Rule 1 1. b) Researcher Ranks: Researchers shall be ranked according to the aggregate score in the researcher’s test along with the memorial scores. The researcher score shall be calculated as follows: - Aggregate Score of Researcher = Marks scored in Researcher’s Test + 1/2 ( Aggregate memorial scores) (c) Memorial Ranking: Memorial shall be ranked as per the aggregate memorial scores. - Aggregate Memorial Score = Memorial Score – Penalty imposed (In accordance with Chapter V) d) Team Rankings: The teams shall be ranked on the basis of below mentioned criterion – - The teams shall be first differentiated on their cumulative aggregate score as per Rule 1 2. - If the tie subsists, the team with the higher aggregate speaker score will be allotted the higher rank; - If the tie still subsists, the team with the higher researcher’s score will be allotted higher rank; - If the tie still subsists, the team with higher memorial score will be allotted higher rank;

• If the tie still subsists, then the rank shall be determined by the toss of coin. 14. Results: The results of the competition shall be declared on the date notified by the Committee. 15. Publication of Final Result and Allotment of Moots: Notwithstanding anything contained in these Rules, the final result published at the conclusion of the Competition shall consist of Team Rankings, Individual ranking list of speakers and Researchers which shall, subject to the RGNUL Allotment of National and International Moot Court Competition Rules, be considered for all future purposes. The ranking and scores once declared shall be final and binding.

CHAPTER IV–WRITTEN SUBMISSIONS

16. Written Submission: (1) The written submissions shall be submitted by the teams from both the sides after the allotment of team codes. (2)The written submission shall be submitted as soft copy. 17. Parameters for the Written Submission: (1) Each team shall submit the written submission only containing pages as mentioned in the schedule I of the rules. The pages in the said schedule shall be inclusive of the footnotes. (2) The written submission shall be typed on A4 pages with proper page numbering.

(3) Font Type: The text and footnote of written submission shall be either in Times New Roman

or Garamond.

(4) Font Size: The font size of the text shall be in 12 points while that of footnotes shall be 10

points.

(5) Line Spacing: The line spacing shall be 1.5 for the text and 1 for the footnotes.

(6) Footnote Style: The participants shall use Bluebook 20 th^ Edition Citation Format.

(7) Colour of Cover Page: The written submission from the side of the

petitioner/appellant/complainant/applicant must have light blue paper as cover page. On the other hand, the written submission from the side of the respondent/defendant must have light red paper as cover page.

(8) Team Code: The written submission shall contain the team code on the right corner of the

cover page and no other identification of the team shall be there other than the team code on the cover page.

( 9 ) The written submissions shall be marked on the parameters which are laid down under Schedule II of the Rules and as determined by the committee.

18. Submission Soft Copy of Written Submission: The soft copies of the written submissions shall be sent in .doc or .docx and .pdf formats via email to the committee on or before the notified date on [email protected]. All the contents of the soft copy of the written submission shall be mailed as a single file. The file shall be sent as an attachment and the file name shall be the team code allotted. The subject of the mail shall be “Written Submission: TC __”.

CHAPTER V - PENALTIES

19. Penalty for late submission of written submission: If the team fails to submit the soft copy of the written submission; such team shall be have a deduction of two mark per hour per **side in the memorial marks.

20. Penalty for exceeding the page limit:** If the team exceeds the page limit of the written submission under Schedule I, such team shall be penalized with deduction of two marks per **extra page in the written submission.
21. Penalty for Plagiarism:** The written submission must be an original production of work. Violation of this rule may lead to instant disqualification or any other penalty which may be imposed by the committee 22. Penalty for violation of any other Parameter: Whichever team violates any other rule provided under Rule 1 7 shall be punished with deduction of 1 mark per side per such violation. 23. Scouting: No team shall be allowed to hear or see the Oral Rounds of any other team. **If any team is found indulged in scouting, it shall be disqualified from the Competition.
22. Punishment for use of Unfair Means:** Any person or team found indulging in use of any

unfair means during the course of competition shall be punished with disqualification

from competition and shall be deemed to be ineligible for participating in any National

and International Moot Court Competitions notified by the Committee during that

academic year.

Provided that no punishment under this Rule shall be levied unless an opportunity to present his/her case is given to the delinquent.

25. Punishment for Violation of any Rule: Any person or team found in violation of any provisions of this Rules or any other Rules made by the Committee for the Competition shall be liable with punishment of not less than deduction of 10% of his total score but not more than deduction of 20% of his total score.

CHAPTER VI- POLICY FOR VIRTUAL ORAL ROUNDS

26. The Oral Rounds for the competition will take place virtually via Cisco WebEx or Google Meet platform. 27. It would be the responsibility of every team to ensure a stable internet connection. The audio and video of every member of the team should be clear. Every team must ensure a proper background. The Moot Court Committee will under no circumstances be obligated to provide the participants with any such facility. 28. All participants should mandatorily join with their laptops or desktops and in no circumstance join with any other device. 29. The ID and password for the room on Cisco WebEx or Google Meet will be conveyed to the participating teams before the oral rounds. 30. Each participating member of every team is advised to install the Cisco WebEx or Google Meet platform on their devices well in time. 31. Each team is required to join the room at least fifteen minutes before the scheduled time of commencement of the oral rounds. 32. The participants’ camera and microphone shall be firmly positioned throughout the oral rounds so as to show speakers and to ensure their voices are clearly audible. 33. All participants must keep their cameras on at all times during the rounds. 34. At the time when one participant is speaking, others are expected to keep their microphones on mute. In case a participant is found disturbing the other pleader anyway, he/she or the entire team to which such this participant belongs may be disqualified upon the discretion of the bench.

35. Each participant is responsible for finding a suitable venue and background to participate. The venue must be a quiet location and one which has adequate and reliable internet connectivity and has a desk and chairs for the oralist. Locations in open spaces or hallways or cybercafes or similar areas are NOT permitted. 36. Strict adherence to the dress code is required. The teams are required to be properly attired for the round. The participants are required to wear black trousers/skirts and a white shirt, black blazers, and a black necktie. In a situation where a participant cannot make these available, he/she shall wear a formal dress. 37. In case of a loss in internet connection, each team will be given a reasonable time to reconnect. If the problem still persists the decision made by the committee will be final and binding. 38. In the event where one or both of the speaker could not join due to connectivity issue, the team may be disqualified from the competition and at no circumstances can other member of the team be allowed to switch roles. 39. Where a team does not appear within 10 minutes of the scheduled time for the round, the round shall proceed as ex-parte. 40. Any compiled Research Material (Compendium) or other supplementary documents may be, as per the discretion of the bench, presented by a team by using the “screen sharing” option. 41. Participants will not be allowed to use the feature of personal chat on Cisco WebEx or Google Meet to communicate with their team members or members of the opposing team. 42. Participants will not be allowed to use the feature of personal chat on Cisco WebEx to communicate with their team members or members of the opposing team. 43. Participants are expected to cooperate with the Committee and the judges, in case anyone faces any issue. 44. The committee shall take best available measures to resolve or mitigate any connectivity issues that may arise. However, in cases where that is not possible, the committee cannot be held responsible for the unforeseen issues which includes (but are not limited to) – Software failure and connectivity issues.

CHAPTER VII - MISCELLANEOUS

45. Clarification: Any team having any doubt regarding the moot proposition or registration or any other rule shall mail the same to [email protected] on or before the date as shall be notified by the committee. In case of any discrepancy the decision of the committee shall be final and irrevocable. 46. Copyright: The copyright with regard to the memorials submitted for the participation in the Competition is assigned by participants and shall also vest completely and fully with the Organizers. The participants shall certify the originality of the memorials and the materials used and shall be responsible for any claim or dispute arising out of further use and exhibition of these materials. The Organizers shall have the right to publicly display, distribute either electronically or otherwise and they shall not be responsible for any liability to any person for any loss caused by errors or omissions in this collection of information, or for accuracy, completeness or adequacy of the information contained in these materials. 47. Power to Amend or Alter Rules: The rules mentioned herein are not exhaustive. The Organizers reserve the right to alter, amend or add to the rules mentioned herein at any point of time. All decisions made by Organizers in case of any disputes, doubts or related issues shall be final and binding. Imposition of all penalties including disqualification rests solely with the organizers in case of failure to comply with the rules mentioned herein. 48. Contact Details: In case of any queries or clarifications regarding the competition feel free to mail your queries at **[email protected].

49. Language:** The language of the Competition shall be English only.

SCHEDULE I

HEADINGS OF THE PAGES MAXIMUM PAGES

Cover Page 1 Table of Contents No Limit List of Abbreviations No Limit Index of Authorities No Limit Statement of Jurisdiction 1 Statement of Facts 2 Issues Raised 1 Summary of Arguments 2 Body of Arguments 15 Prayer/Relief 1

SCHEDULE II

MARKING CRITERIA MAXIMUM MARKS ALLOTTED

Evidence of Original Thought 20 Knowledge of Law and Facts 20 Proper and Articulate Analysis 20 Clarity and Organization 10 Grammar and Style 10 Correct format and Citation 10 Extent and Use of Research 10 TOTAL 100

SCHEDULE III

 - Knowledge of Law MARKING CRITERIA MAXIMUM ALLOTTED MARKS - Application of Law and Facts 

• Ingenuity and Ability to Answer Questions
  • Style, Poise, Courtesy and Demeanour
    • Organization and Flow of Arguments
      • Reference to Written Submission - TOTAL

SCHEDULE IV

NOTIFIED MOOTS FOR QUALIFIER ROUNDS

1. Philip C Jessup International Moot Court Competition

2. Stetson International Environmental Law Moot Court Competition

3. Oxford Price Media Law Moot Court Competition

4. Oxford IPR Moot Court Competition

5. ICC Moot Court Competition

6. The Annual William C. Vis International Commercial Arbitration Moot

7. William C. Vis East International Commercial Arbitration Moot (Hong

Kong)

8. John H Jackson Moot Court Competition

9. Henry Dunant Memorial Moot Court Competition

10. Red Cross IHL Moot Court Competition

11. Leiden Sarin International Air Law Moot Court Competition

12. Manfred Lachs Space Law Moot Court Competition

13. D.M. Harish Memorial Moot Court Competition

Note: The committee may notify any other moot for the challenger round as

it may deem fit via prior notification. The applicants are advised to

properly go through the rules and dates of the competition notified

above before applying.

IMPORTANT DATES

Release of Moot

Proposition

June 25, 2021

Last Date of Registration June 26, 2021 @ 11:59 PM

Last date of Seeking

clarification

July 1 2 , 2021

Release of Clarifications July 1 7 , 2021

Last Date for submission

of Written Submission

(Soft Copy)

August 5, 2021 @ 11:59 PM

Draw of Lots and

Exchange of Memorials

for General Intra Rounds

August 7, 2021

Researcher’s Test August 7, 2021

Dates of the General

Intra Rounds

August 9, 2021(Monday) &

August 10, 2021(Tuesday)

Draw of Lots and

Exchange of Memorials

for Qualifier Rounds

August 11, 2021

Dates of the Qualifier

Intra Rounds

August 12, 2021(Thursday)