Moot court competition, Schemes and Mind Maps of Law

Download Moot court competition and more Schemes and Mind Maps Law in PDF only on Docsity! 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. 1 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 4 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. 5 THE RGNUL INTRA MOOT COURT COMPETITION RULES, 2021 6 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, 2021. 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. 9 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 11. 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 12. • 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; 10 • 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 20th 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. 11 (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 17 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. 24. 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. 14 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. 15 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 16 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