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1 Moot Court Society (MCS) and Moot Court Advocacy Skill Enhancement Cell (MCASEC) Of AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY, UTTAR PRADESH Organizes In...

1 Moot Court Society (MCS) and Moot Court Advocacy Skill Enhancement Cell (MCASEC) Of AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY, UTTAR PRADESH Organizes Intra-Moot Court Competition 2024 September 26 and September 27, 2024 2 S. NO. TABLE OF CONTENTS PAGE NO. 01 ABOUT MCS & EVENT 03-04 02 IMPORTANAT DATES 05 03 RULES AND GUIDELINES 06-14 04 OGRANISING COMMITTEE MEMBERS 14 05 MOOT PROPOSITION 15-21 3 ABOUT MCS The Moot Court Society of Amity Law School, Noida serves as a dynamic platform for students to develop research, written and oral advocacy skills. Actively participating in various competitions, the Moot Court Society cultivates an atmosphere that promotes the constructive rule of legal principles. Our flagship events include Indian Qualifying rounds of the esteemed Phillip C. Jessup International Law Moot Court Competition in partnership International Law Student Association and Amity International Moot Court Competition. ABOUT MCASEC MCASEC stands as a pillar of legal education, attempting to create the advocates of tomorrow. The main purpose of MCASEC is to encourage clinical legal education by providing a platform for Amity Law School, Noida students to enhance their mooting and advocacy skills and make students industry ready. What does the MCASEC do? 1. Train students to be adept at mooting and advocacy skills. 2. Expose students to the nuances of court proceedings, courtroom exercises, out-of-the-court settlements, mock trials, arbitral proceedings, conciliation proceedings, etc. 3. Guide students in understanding the background and relevance of Moot Courts. 4. Guide students to understand the background and relevance of Trial Advocacy, Alternative Dispute Resolution (ADR) proceedings, etc., and help them participate in such events. 5. Conduct training-of-the-trainers’ programs to ensure capacity building. 6. Conduct workshops, training programmes, seminars, etc., on Moot Courts, Trial Advocacy, ADR proceedings, etc., to hone the drafting and oratory skills of the participating students. 7. Conduct Moot Courts, including intra-moots, inter-moots, and national and international moots. 8. Provide a platform to share the best practices and the real-time experiences of those who have already participated in Moot Courts, Trial Advocacy, ADR proceedings, etc. 4 ABOUT THE EVENT Amity Law School, Noida is proud to announce the highly anticipated Intra-Moot Court Competition 2023, hosted by MCASEC. This prestigious event is a testament to our commitment to nurture and hone the mooting and advocacy skills of our law students, equipping them for future success in the world of legal advocacy. Purpose The Amity Law School Noida Intra-Moot Court Competition 2024 serves a vital purpose - to identify and recognize the immense talent that resides within our institution. It is the first steppingstone towards preparing our brightest legal minds for future inter-college, inter-university and other moot court competitions, where they can represent Amity Law School with excellence. No Registration Fee We believe that talent should never be bound by financial constraints. Hence, we are pleased to announce that there is no registration fee for this competition. We want to provide an equal opportunity to all enthusiastic students to explore and excel in the world of mooting. The Road Ahead Participation in the Amity Law School, Noida Intra-Moot Court Competition 2023 is just the beginning of an exciting journey. A major objective of this event is to identify and nurture those who are genuinely passionate about mooting, shaping them into formidable competitors for future inter-college, inter-university and other moot court competitions. The Future Opportunities It's worth noting that those participants who achieve a ranking in this Intra-Moot Court Competition will be eligible to compete in future inter-college moots, inter-university and other moot court competitions. This recognition is not only an acknowledgement of the abilities of the students at Amity Law School, Noida, but also an invitation to represent Amity Law School on a larger stage. The Intra-Moot Court Competition 2023 is not just an event; it's an opportunity for the students at Amity Law School, Noida to embark on a path towards excellence in mooting. We look forward to seeing the students shine, as they take their first steps towards a promising future in the field of law. 5 IMPORTANT DATES Registration Opening August 12, 2024, 10:00 hours IST Registration Deadline August 27, 2024, 23:59 hours IST Deadline for submission of soft copies of the memoranda: September 15, 2024, 23:59 hours IST Deadline for submission of hard copies of the memoranda: September 16, 2024, 16:59 hours IST Deadline for soft copies of the memoranda with penalty: September 20, 2024, 16:59 hours IST Dates of the Competition: September 26 and 27, 2024 6 RULES, PROCEDURE AND GUIDELINES OF THE COMPETITION 1. DEFINITIONS The following terms shall have the corresponding meanings unless otherwise specified: 1.1 ‘Competition’ shall refer to the Intra-Moot Court Competition organized by Amity Law School Noida, Amity University, Uttar Pradesh on 26 and 27 September 2024. 1.2 ‘Competition Rules’ shall refer to the official rules of the Competition as amended from time to time. 1.3 ‘IST’ shall refer to Indian Standard Time. 1.4 ‘Organizing Committee’ (hereinafter to be referred to as OC) shall refer to the committee appointed for the administration and conduct of the Competition including any other authorized persons, and of all events leading up to the Competition. 1.5 ‘Official Email’ shall refer to the official email ID of the Moot Court Competition, i.e., [email protected] 2. GENERAL RULES a. Eligibility 2.a.1. All students of the Amity Law School, Noida barring students of the LLM and Ph.D. courses shall be eligible to participate. 2.a.2. Each participating team shall have three (3) members where two (2) members shall be designated as Speakers and one (1) member as Researcher. 2.a.3. No team shall contradict the composition mentioned above. 2.a.4. The language of the competition shall be English. b. Registration 7 2.b.1. Teams are required to complete their Registration by August 16, 2024, by 23:59 hours IST. 2.b.2. There is NO Registration Fee. Registration may be done by filling up an online Application form, available at https://forms.gle/qorXYFTcMrWtaFNn8 2.b.3. The Registration shall be deemed complete only when the Application form is duly filled. 2.b.4. Once the Registration form is filled, the OC shall send a confirmation mail to the teams. 2.b.5. The team codes and/or any other guidelines shall be shared with the participating teams accordingly. 2.b.6. The teams shall quote this team Code in all further communications with the OC. c. Memorandum 2.c.1. Each team participating in the Competition must prepare a memorandum on behalf of the Applicant and on behalf of the Respondent. 2.c.2. Each team must submit the soft copies of their memoranda to [email protected] by September 15, 2024, by 23:59 hours IST. The hard copies of the memoranda must be submitted to Ms. Meghna Biswas, Assistant Professor- Law, Amity Law School, Noida in Room No. I1-204 by September 16, 2024, 16:59 hours IST. 2.c.3. Soft copies of the memoranda submitted after the deadline shall be subject to penalty for late submission. The last date of submission of the soft copies and the hard copies of the memoranda with penalty is September 20, 2024, by 16:59 hours IST. No memoranda (either in soft copies or in hard copies) will be accepted after September 20, 2024, 16:59 hours IST. 2.c.4. The memoranda must contain the following parts only: I. Cover Page II. Table of Contents 8 III. Index of Authorities IV. Statement of Jurisdiction V. Statement of Facts VI. Summary of Arguments VII. Arguments Advanced VIII. Prayer for Relief d. Memorandum Formatting Specifications 2.d.1. The following formatting requirements need to be adhered to for the Cover Page of the memorandum: i. Font type: Times New Roman ii. Font size: 16 2.d.2. The following formatting requirements need to be adhered to for the Heading of the memorandum: i. Font type: Times New Roman ii. Font size: 14 2.d.3. The following formatting requirements need to be adhered to for the Main Text of the memorandum: i. Font type: Times New Roman ii. Font size: 12 iii. Line spacing: 1.5 iv. Body of text: Justified 2.d.4. The following formatting requirements need to be adhered to for the Footnotes of the memorandum: i. Font type: Times New Roman 9 ii. Font size: 10 iii. Line spacing: 1 iv. Style: OSCOLA 4th Edition e. Team Code The team code must be ascribed to the top right corner of the cover page. The written submission shall not mention any team particulars, except the team Code. There must be no mention of Name, Contact number, email ID, University name etc. f. Length The limitation on length must be kept in check based on the following stipulations: 2.f.1. The statement of facts, including section headings may not be any longer than four (4) pages. 2.f.2. The summary of arguments may not be longer than two (2) pages. 2.f.3. The total length of the memorandum, including the facts, summary of arguments, arguments advanced, prayer for relief, and any associated footnotes, may not be longer than 30 pages. g. Compendium Submission of the Compendium is not mandatory. However, if a team desires to submit the Compendium, the same must be submitted to the OC through e-mail at the time of memoranda submission. The Compendium should only be one PDF file, for easy accessibility of the judges. Compendiums shall be submitted with the memoranda. h. Clarification of Moot Proposition Participating teams are encouraged not to seek clarifications relating to the laws and facts referred to in the Moot Problem. However, a general clarification may be released by August 31, 2024, by 11:59 hours. 10 3. STRUCTURE OF THE COMPETITION a. Rounds 3.a.1. Preliminary Rounds i. The preliminary rounds will be held on September 26, 2024. ii. In the preliminary rounds, each team shall argue only once, either as the Applicant or as the Respondent. iii. The oral session of the preliminary round of competition is forty (40) minutes of oral pleadings including rebuttals. iv. Applicant and Respondent are each allotted twenty (20) minutes. v. A maximum of five minutes may be reserved for rebuttals and sur-rebuttals. vi. The team may not allocate more than 10 minutes, including rebuttal or sur- rebuttal to either speaker. 3.a.2. Quarter Finals, Semi-Finals and Final Rounds i. The Quarterfinals, Semi-Finals and Final Rounds will be conducted on September 27, 2024. ii. The Quarter Finals, Semi-final and Final Rounds of the competition consist of sixty (60) minutes of oral pleadings including rebuttals. iii. Applicant and Respondent are each allotted forty (30) minutes. A maximum of five minutes shall be reserved for rebuttals and sur-rebuttals. b. Draw of Lots 3.b.1. Before the Preliminary, Quarter Finals, Semi-Finals and Final rounds, the side on which the team will be arguing shall be decided by a draw of lots. 3.b.2. The teams will be e-mailed the soft copy of their opponent’s Written Submission prior to the oral rounds. c. Courtroom Communication Written communication during the Oral Rounds shall be limited to written communication among team members. No other verbal/non-verbal communication may take place. 11 4. EVALUATION CRITERIA a. Memoranda The following would be the criteria for judging the memoranda: S. No. PARAMETERS MARKS ALLOTTED 1 Knowledge of Law and Facts 20 Interpretation of Law and 2 20 Application to Facts 3 Extent and use of research 20 4 Clarity and Organization 20 Adherence to the norms regarding 5 20 Style, Grammar and Citation of Sources TOTAL 100 b. Speaker The criterion for scoring the Speakers has been given herein below: S. No. CRITERIA MAXIMUM MARKS 1 Knowledge of law 20 2 Application of law to facts 20 3 Ingenuity & ability to answer questions 20 4 Style, poise, courtesy, demeanor 15 5 Time management 10 6 Coordination & teamwork 10 12 7 Adequacy of the Prayer 5 TOTAL 100 5. PENALTIES S. No. PARTICULARS QUANTUM OF PENALTY 2 marks per day on each memorandum 1 Delay in submission of soft copies of the memoranda (i.e., 1 day delay = -2 on each memorandum) 5 marks on each 2 Re-submission of memoranda# memorandum resubmitted Formatting violations include: Use of incorrect font, Use of incorrect font-size Use of improper line spacing 1 mark per type of violation, 3 Use of improper block quote up to a maximum of 5 marks Use of endnotes Failure to include any part as stipulated under Clause 2(c)(iv) of the Competition Rules, or inclusion of 4 an unrelated part, or the failure to include necessary and 2 marks for each part correct information on the cover page of the Memorandum Excessive length of the Memorandum in violation of 5 2 marks (one-time penalty) Clause 2(f)(iii) of the Competition Rules Excessive length of the Summary of Arguments in 6 2 marks (one-time penalty) violation of Clause 2(f)(ii) of the Competition Rules Excessive length of the Statement of Facts in violation of 7 2 marks (one-time penalty) Clause 2(f)(i) of the Competition Rules # Kindly note that re-submission of the memoranda shall be allowed only at the discretion of the OC 13 6. MISCELLANEOUS a) The OC reserves the right to amend, modify, change or repeal any of the Competition Rules at any stage. The OC shall communicate any changes made in the Competition Rules to the participating teams. b) If a team believes that a violation of the rules of the competition has taken place at any stage of the competition, the team(s) within half an hour after the completion of the round in which the violation has allegedly occurred should register a complaint with the Grievance Cell which will be constituted specifically for such purpose. Team(s) under no circumstances shall approach the Judges with any complaints. The decision of the head of the Grievance Cell on any complaint shall be final. c) On all other matters pertaining to the competition apart from the one mentioned in Clause 6b of these Competition Rules, the decision of the head of the OC shall be final. 14 ORGANIZING COMMITTEE MEMBERS DIRECTOR Prof. (Dr.) Shefali Raizada MENTOR Dr. Bhavna Batra FACULTY CO-ORDINATORS Ms. Anumeha Sahai Dr. Neha Susan Varghese Dr. Trapti Varshney Ms. Meghna Biswas Ms. Sonakshi Varshney Mr. Aayush Tripathi Mr. Pawan Kumar Mr. Himanshu Varshney STUDENT CO-ORDINATOR Mr. Abhimath Snehil +91 6203580032 Ms. Asmi Pandey +91 911116733007 15 MOOT PROPOSITION 1. Sindhudesh, the world’s largest democracy, embarked on a historic nation building journey after gaining independence from 200-year colonial rule of the Kingdom of Brittania in the year 1947. The transition to democracy marked a new era in Sindhudesh’s history, characterized by social, political, and economic transformations. The framers of Sindhudesh’s Constitution meticulously drafted a visionary document that enshrined democratic principles and ideals, adopted on January 26, 1950, and established Sindhudesh as a sovereign, socialist, secular, and democratic republic. It provided a framework for governance that safeguarded fundamental rights, enshrined the principles of equality and justice, and outlined the separation of powers among the executive, legislative, and judicial branches. 2. The nation of Sindhudesh is a multi-cultural, multi-ethnic and multi-lingual society which is predominantly Hindu majority but inhabits followers of various other religions and faiths. Small conflicts and disputes aside, all these communities have lived together peacefully with each other since the nation’s independence. The Founding Fathers of the Constitution laid a federal structure as a foundation to integrate Sindhudesh as a united Sindhudesh. Federalism implies mutuality and common purpose for the aforesaid process of change with continuity between the Union and its States, which are the structural units operating on a balancing wheel of concurrence and promises to resolve problems and promote social, economic, and cultural advancement of its people and to create fraternity among the people. 3. The concept of federalism, as enshrined in the Constitution of Sindhudesh, forms a fundamental cornerstone of the nation’s democratic framework. Within this construct, the Union of Sindhudesh is a permanent entity, its territorial boundaries meticulously defined by Article 1 of the Constitution, rendering it an indestructible union. The States, however, derive their existence from the Constitution itself, shaped by Articles 2 to 4. While their territorial integrity remains malleable through parliamentary legislation, their permanence as constitutional entities is undeniable. The significance of legislative entries in Schedule VII, specifically within Lists I and II, along with the Union’s fiscal oversight, does not inherently establish a unitary structure. Instead, the basis for legislative authority traces back to Articles 245 to 254. Within the context of the Constitution, the State exhibits a federal structure, autonomously wielding legislative and executive power. Nonetheless, given its constitutional origin, the State lacks the prerogative to secede or assert sovereignty. In relation to the Union, the State holds a quasi-federal status. Both entities operate as coordinating institutions; their powers are intended to harmonize through mutual adjustment, comprehension, and 16 compromise. This cooperative stance aims to uphold socio-economic, secularism, and political justice principles, furthering constitutional objectives. 4. Sindhudesh has 28 states and 8 union territories, and Siri is its National Capital. Further, parliament may by law form a new State by separation of territory from any State or by uniting two or more States or part of States or uniting any territory to a part of any State or by increasing the area of any State or diminishing the area of any State or alter the boundary of any State. 5. In 1911, Siri became the capital of Sindhudesh under the colonial rule of Brittania. The Brittania Act for Sindhudesh, 1919 and the Brittania Act for Sindhudesh, 1935 retained Siri as a Centrally administered territory. Siri became a Part C State on coming into force of the Constitution of Sindhudesh.1 In 1951, the Sindhudesh’s Part C States Act, 1951 was enacted, providing, inter alia, for a Legislative Assembly in Siri. Section 21(1) of the Sindhudesh‘s Part C States Act, 1951 empowered the Legislative Assembly to make laws on all matters of List II of the Seventh Schedule of the Constitution except (i) public order; (ii) police (including railway police); (iii) constitution and powers of municipal corporations and local authorities, etc. — public utility authorities; (iv) lands & buildings vested in/in possession of the Union situated in Siri or New Siri; (v) offences against laws about subjects mentioned from (i) to (iv); and (vi) jurisdiction of courts with respect to the above matters and court fee thereon. 6. In 1956, the Constitution of Sindhudesh (Seventh Amendment) Act, 1956 was passed to implement the provisions of the Sindhudesh’s States Re-organization Act, 1956, which did away with Part A, B, C, and D States and only two categories, namely, States and Union Territories remained. Siri became a Union Territory to be administered by an Administrator appointed by the President. The Legislative Assembly of Siri and the Council were abolished. In 1953, the Government of Union Territories Act, 1963 was enacted to provide for Legislative Assemblies and Council of Ministers for various Union Territories. Still, the provisions of the said Act were not made applicable to Siri. Instead, the Siri Administration Act, of 1966 was enacted to provide for limited representative Government for Siri through a Metropolitan Council comprising 56 elected Members and five nominated Members. In the same year, the Ministry of Home Affairs issued a gazette that provided, inter alia, that the Lieutenant Governor/Administrator/Chief Commissioner shall be subject to the control of the President of Sindhudesh and exercise such powers and discharge the functions of a State Government under the Commissions of Inquiry Act, 1952 within the Union Territories. 17 7. Later in the year 1991, parliament, in the exercise of its constituent power, amended the Constitution by the Constitution (Sixty-ninth Amendment) Act and inserted Articles 239-AA and 239-AB in the Constitution by which National Capital Territory of Siri (NCT-S) occupied a unique position in the constitutional scheme that has shaped NCT-S into a constitutional hybrid and has led Siri to acquire certain unique characteristics solely attributed to full-fledged States under the Constitution. 8. The Legislative Assembly, Council of Ministers, and the Westminster style Cabinet system of Government brought by the Sixty-ninth Amendment highlight the uniqueness attributed to Siri with the aim that the residents of Siri have a more significant say in how Siri is to be governed. The real purpose behind the Constitution (Sixty-ninth Amendment) Act, 1991, is to establish a democratic set-up and representative form of Government wherein the majority has a right to embody their opinion in laws and policies pertaining to NCT-S subject to the limitations imposed by the Constitution. 9. The Citizen Consensus Party (CCP) came into power in Siri after winning the Siri Legislative Assembly elections in 2015. The conflict started as the Siri State Government and the Lieutenant Governor clashed over various issues, including administrative control, appointments, and legislative authority. Due to these rising conflicts and control of power over the Siri, the Siri State Government has filed a case in the Supreme Court of Sindhudesh by stating the Basic Structure of Federalism, Separation of Power, Rule of Law, and representative democracy. The Supreme Court, appreciating the complexity of the issue, constituted a Constitutional Bench to decide the issue. 10. A Constitution Bench in 2018 held, inter alia, that the Legislative Assembly, Council of Ministers, and 4 Westminster-style cabinet system of the Government of NCT-S brought into existence the attributes of a representative form of Government and, consequently, the residents of Siri have been, through their elected representatives, afforded a voice in the governance of NCT-S. Further, the Constitution Bench dealt with the constitutional status of the NCT-S and the modalities of its administration. The Apex Court categorically held that only Entries 1, 2, and 18 from the State List were excluded from the Siri Legislative Assembly’s competence to legislate. The principles of representative democracy and federalism underlined the entire judgment and interpretation of the Constitution Bench to Article 239-AA. 11. Despite this, the conflict between the Siri Government and the Lieutenant Governor continued to obstruct the decisions and functioning of each other in NCT-S. Hence, the Government of NCT-S again filed a case before the Supreme Court of Sindhudesh, raising the issue of whether 18 the Government of NCT-S had legislative and executive powers in relation to services under Schedule VII, List II, and Entry 41 of the Constitution and whether the officers of the various services such as Sindhudesh Administrative Service (SAS), Sindhudesh Police Services, etc. who had been allocated to Siri by the Union of Siri, came under the administrative control of the Government of NCT-S. 12. The Constitution Bench pronounced a judgment in 2023 that held, inter alia, that regardless of the allocation of competence between the Government of NCT-S and the Union, a valid exercise of such competence would have to comply with the substantive requirements of Article 239- AA of the Constitution, particularly, federalism, and the principles of collective responsibility and, Westminster-style democracy. Therefore, as per the Judgement, the Government of NCT-S has the legislative and executive power of services in Entry 41 of the Constitution. NCT ORDINANCE AND NCT BILL 13. Fifteen days after the judgment by the Constitution Bench in 2023, the President, in exercising powers under Article 123 of the Constitution, promulgated the Government of National Capital Territory of Siri (Amendment) Ordinance 2023 (NCT Ordinance). The NCT Ordinance amends the Government of National Capital Territory of Siri Act 1991. The Preamble to the NCT Ordinance positions that parliament has exclusive and plenary jurisdiction with respect to the national capital in view of Articles 239-AA(3)(b) and 239-AA (7). 14. The NCT Ordinance amended the Government of NCT-S Act, 1991 by adding a new section, Section 3A. According to this new section, the Legislative Assembly has the power to create laws as specified in Article 239-AA, even if there have been any court judgments, orders, or decrees saying otherwise. However, this power does not apply to making laws about Entry 41 in List II of the Seventh Schedule to the Constitution. This section also adds Entry 41 to the list of things that the NCT-S cannot make laws about, along with Entries 1, 2, and 18, which were already excluded by Article 239-AA. 15. Thus, by promulgating the Ordinance, the Union of Sindhudesh invalidates and negates the authoritative effect of the 2018 and 2023 Constitutional Bench Judgement. Later, the Union Government of Sindhudesh presented the Government of National Capital Territory of Siri (Amendment) Act 2023 in the parliament, and the same was passed on August 7, 2023. Further, the President of Sindhudesh, on August 11, 2023, gave assent to the Government of National Capital Territory of Siri (Amendment) Act 2023 (NCT BILL). With this, the Ordinance has now become a law. 16. The Siri Electricity Reform Act 2000 (SERA) was brought into force by the Siri Legislative Assembly and, inter alia, constituted the Siri Electricity Regulatory Commission (SERC), 19 members of which were to be appointed by the Government. Section 3(1) of the SERA envisages the establishment of an Electricity Regulatory Commission for the NCT-S to be known as the Siri Electricity Regulatory Commission, to exercise the powers conferred on, and to perform the functions assigned to it under this SERA. Section 3(2) of the SERA states that the members, including the Chairperson of the SERA, shall be appointed by the Government in the manner provided in Section 4 of the SERA. Section 2(d) of the SERA defined Government as the Lieutenant Governor referred to in Article 239AA of the Constitution. 17. Section 82 of the Sindhudesh Electricity Act, 2003, outlines the formation of a State Electricity Regulatory Commission for purposes related to the Sindhudesh Electricity Act. This includes tasks like promoting the growth of the electricity industry, ensuring electricity access across all areas, and making electricity pricing fair. Section 84(2) of the Electricity Act grants the State Government the authority to choose a current or former Judge of a High Court as the Chairperson of the State Electricity Regulatory Commission. However, this choice must be made after discussing it with the Chief Justice of that High Court. These provisions also apply to the Government of the NCT-S. 18. Based on these provisions, the elected Government of NCT-S has been appointing the Chairperson of the SERC. An appointment was made on July 20, 2021, through an official Order. In this appointment, an Hon’ble Justice (Retd.) Aftab from the Oudh High Court was chosen as the Chairperson of the SERC. 19. According to Section 6(1) of SERA, every member of the SERC holds office for five years from their appointment or until they reach the age of sixty-five, whichever comes first. After this term, they cannot be reappointed. Since Hon’ble Justice (Retd.) Aftab turned sixty-five on January 09, 2023, his time as the Chairperson of the SERC was coming to an end on the same date. Therefore, on January 04, 2023, the Government of NCT-S recommended the name of Hon’ble Justice (Retd.) Mithilesh Singh to the Lieutenant-Governor the name of erstwhile judge of the Magadh High Court, as the next Chairperson of the SERC, after having obtained the consent of the Chief Justice of the Magadh High Court and such recommendation was made in view of the impending superannuation of Hon’ble Justice (Retd.) Aftab as Chairperson on January 09, 2023. 20. Upon receiving the recommendation, the Lieutenant Governor has taken the measure of seeking the opinion of the Ministry of Power, Union of Sindhudesh on whether the consent or recommendation of the Chief Justice of the Hon’ble High Court of Siri or the Hon’ble High Court of Magadh is required for the appointment of the Chairperson of SERC. By letter dated February 03, 2023, the Ministry of Power, in consultation with the Ministry of Law and 20 Justice, Union of Sindhudesh, conveyed that as per Section 84(2) of the Sindhudesh Electricity Act, it is the Hon’ble Chief Justice of the High Court where the Commission is situated whose consent is required. 21. By a Letter dated February 13, 2023, the Lieutenant Governor wrote to the Registrar General of the High Court of Siri requesting the Hon’ble Chief Justice of Siri to recommend a suitable person for appointment as the Chairperson of SERC. The Hon’ble Chief Justice of the High Court of Siri was pleased to recommend the name of Hon’ble Justice (Retd.) Somnath Kapoor, for appointment as the Chairperson of SERC. 22. On June 16, 2023, Hon’ble Justice (Retd.) Mithilesh Singh cited his personal reason to express his inability to take charge of the next Chairperson of SERC. Thus, on June 21, 2023, the Government of NCT-S issued a fresh recommendation of Hon’ble Justice (Retd.) Murli Shankar, erstwhile judge of the High Court of Madraspatnam, as the next Chairperson of SERC, having obtained the consent of the Chief Justice of the High Court of Madraspatnam. On the same day, a notification was issued by the Ministry of Home Affairs that the President appoints Hon’ble Justice (Retd.) Subhash Kapoor as the Chairperson of SERC. 23. Therefore, the Government of NCT-S, by way of a Writ Petition under Article 32 of the Constitution of Sindhudesh challenged the constitutionality of the Government of National Capital Territory of Siri (Amendment) Act 2023 and the notification dated June 21, 2023, of the Ministry of Home Affairs, Union of Sindhudesh on the basis that aforesaid Bill and the Notification are manifestly arbitrary, impermissible use of Ordinance making power and mala fide. 24. Thus, the Government of NCT-S believes that the Apex Court, being the Final Arbiter of the Constitution in such a situation, has to enter into the process of interpretation with new tools such as constitutional pragmatism having due regard to the sanctity of objectivity, realization of the purpose in the truest sense by constantly reminding one and all about the sacrosanctity of the democratic structure of the Constitution, elevation of the precepts of the constitutional trust and morality and the solemn idea of decentralization of power. The compulsive invitation is the warrant to sustain the value of democracy in the prescribed framework of the law. The aim is to see that in the ultimate eventuate, the rule of law prevails, and the interpretative process allows the sad idea its deserved space, for when the rule of law is conferred its due status in the sphere of democracy, it assumes significant credibility. 25. Therefore, the Hon’ble Chief Justice of Sindhudesh constituted a constitutional bench to adjudicate on the following issues: 21 A. Whether the Bill passed by the parliament was constitutionally valid and what are the specific limits of parliament’s authority to create a law under Article 239-AA (7)? B. Whether the appointment by way of the notification dated June 21, 2023, an arbitrary and mala fide exercise of discretionary power envisaged by the Union of Sindhudesh? C. Whether the parliament, through its authority under Article 239-AA (7), nullify the constitutional principles governing the governance of the National Capital Territory of Siri? D. Whether the Notification and the Act constitutionally valid as they override the legal effect of the 2018 and 2023 constitutional bench judgments? 27.The Hon‘ble Apex Court has requested the presence of the Ld. Attorney General for Sindhudesh, along with the Ld. Solicitor General, to be able to take this Constitutional Bench upon the submissions advanced by the Petitioner and submit their counter submissions thereof, furthermore directing both the parties to be ready with their final arguments by filing their written submissions before the Hon‘ble Court and exchanging the copy of pleadings amongst themselves to the next date of hearing. --------------------------------------------------------------------------------------------------------------- The Participants should strictly adhere to the above-mentioned issues enumerated in the present moot propositions. However, participants can add sub-issues in the above-mentioned issues. The Laws of the Union of Sindhudesh are in Pari Materia with that of the Union of India and must be interpreted in its true sense and spirit. The events and the characters depicted in the moot court proposition are purely a work of fiction and hypothetical. Any similarity to actual people, living or dead, is purely coincidental. This Moot Problem is purely intended for the Moot Court Competition and educational purposes amongst law students.