Moot Problem LU PDF

MOOT PROBLEM 1. Manuland, situated in South Asia, is the world's largest democracy and one of its rapidly growing major economies. With a population exceeding 1.4 billion people, it is characterized by its rich diversity of cultures, languages, and traditions. The country operates under a federal pa...

MOOT PROBLEM 1. Manuland, situated in South Asia, is the world's largest democracy and one of its rapidly growing major economies. With a population exceeding 1.4 billion people, it is characterized by its rich diversity of cultures, languages, and traditions. The country operates under a federal parliamentary democratic republic system with a strong central government and states that enjoy significant autonomy. Manuland's legal system, which is based on English common law, is intricate, reflecting both national and state-specific regulations. This complexity, along with Manuland's diverse social fabric, often leads to multifaceted legal issues, including those related to its reservation policies. 2. Reservation, or ‘compensatory discrimination’, is a key aspect of Manuland's social and legal landscape. It aims to address historical injustices and provide opportunities for underrepresented groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). While these policies have been instrumental in promoting social equity and inclusion, they also spark ongoing debates about their impact and effectiveness. As Manuland continues to advance economically and politically, the challenge remains to balance these reservation policies with the need for equitable growth, justice and social eds, making the nation a crucial focus in international legal and political discussions. 3. Scheduled Castes (SCs) in Manuland are historically marginalized communities who have faced significant social and economic disadvantages. The reservation system is a crucial policy designed to address these inequalities by allocating a specific quota of seats in educational institutions and government jobs to SCs. This affirmative action aims to promote social justice, enhance opportunities for education and employment, and integrate SCs into mainstream society. By doing so, the policy seeks to rectify historical injustices, improve socio-economic conditions for SCs, and foster a more equitable and inclusive society. 4. Ranjeet Kumar and Amit Lal are resident of “Maheshwari” a city known for hub of knowledge, they both belongs to Scheduled Caste (SC) category, were vying for a prestigious position through the “Unified Testing and Public Services” (UTPS) exam. Ranjeet Kumar hails from an affluent background; his father is an Manulandian Administrative Service (MAS) officer and his mother is a vice chancellor of a prestigious university. Their family's wealth and social status afford them significant advantages, including access to elite educational institutions and resources. In contrast, Amit’s background is marked by economic hardship. His father works as an autodriver and his mother is a housewife. Amit Law supports his UTPS preparation through part- time tutoring, a testament to his determination and resilience amidst financial constraints. 5. In the 2018 UTPS examination, Ranjeet Kumar achieved a rank of 138, while Amit Lal secured a rank of 139. Both candidates fall within the SC category, which is allotted a specific number of reserved seats for government positions. According to the reservation policy, Ranjeet Kumar’s rank, being 138th, secures him a position within the 138 seats allocated for SC candidates. Despite his affluent background, Ranjeet Kumar benefits from the reservation system designed to uplift underprivileged communities. Amit Lal, with a rank of 139, narrowly misses out on securing a position due to the reservation policy constraints. 6. This situation exposes a critical flaw in the reservation system. Amit Lal after observing the systemic issue where economically less privileged members, who are in greater need of support, may be excluded from opportunities due to the way reservations are allocated. Amit Lal has filed a Public Interest Litigation (PIL) in the Apex Court, seeking a reform in the reservation system. He argues that the Scheduled Caste (SC) and Scheduled Tribe (ST) categories should be subdivided based on economic criteria. Specifically, Amit Lal requested that among the "creamy layer" economically advantaged individuals within these categories should be excluded from the reservation benefits to ensure that the support reaches those who are truly socio- economically disadvantaged. 7. A recent survey conducted by the Government of Manuland has revealed that the progress in uplifting Scheduled Castes (SC) and Scheduled Tribes (ST) and Other Backward Classes (OBCs) has been slow. This delay is largely attributed to the repeated claims on reservation benefits by families that have already achieved a certain level of socio-economic upliftment. The survey indicates that these families, who have benefited from reservations and achieved relative affluence, continue to access reservation opportunities, thereby limiting the resources available for those who are still in greater need of support. 8. Reservation under the Manulandian Constitution is not intended to be permanent; it is subject to periodic review and adjustment based on the observed social upliftment of Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBCs). Currently, the central government allocates approximately 49.5% of reservations across various sectors, with 7.5% reserved for STs, 15% for SCs, and 27% for OBCs. This allocation is designed to address social inequalities and provide opportunities to historically marginalized communities while adapting to their evolving socio-economic status. 9.After 78 years of independence, Manuland finds itself at a point where caste- based reservations may no longer be as pertinent. The current socio-economic landscape suggests that reservation policies based on economic criteria are now more necessary. As the country has progressed, addressing economic disparities has become increasingly important, with the need to focus on supporting those who face significant financial hardships, irrespective of their caste. Shifting to an economic- based reservation system could better target assistance to individuals and families in genuine need, promoting a more equitable distribution of opportunities and resources. 10. The primary aim of reservation policies has been to uplift Scheduled Castes (SC) and Scheduled Tribes (ST) and Other Backward Classes (OBCs) socially. However, the current situation reveals that economically disadvantaged individuals are facing severe hardships due to escalating daily expenses, with some struggling to secure even one meal in a day. Given this pressing issue, there is a growing recognition that economic disadvantage now plays a more critical role in determining the need for support. The shift in policy to allocate reservation benefits to the Economically Disadvantaged Sections (EDS) aims to address these urgent needs by providing targeted assistance to those experiencing significant financial strain, thus ensuring that the support reaches individuals who are most in need of immediate relief and socio-economic upliftment. 11. In addition to the disparities observed within the reserved categories, the case of Anand Raj, a candidate from the General Category, highlights another critical issue in the current reservation system. Despite scoring significantly higher marks than both Ranjeet Kumar and Amit Lal in the UTPS exam, Anand Raj was unable to secure a position due to the lack of reservation benefits for economically disadvantaged individuals in the unreserved category. Anand Raj comes from a family that struggles with severe financial hardships—his father is a geek worker, and his mother works as a domestic helper. Despite his academic achievements, Anand's economic situation limited his access to resources such as quality coaching and study materials, making his success even more commendable. His inability to secure a position raises questions about the fairness of a system that, while aimed at addressing historical injustices, may inadvertently disadvantage individuals from economically disadvantaged sections of the Unreserved Category. This situation underscores the growing need for an economic-based reservation system that can support individuals like Anand Raj, who despite their merit, continue to face systemic barriers due to their financial circumstances. 12. Following the observations, the Government of Manuland passed a bill named as “Reservation Reform and Economic Empowerment Act” (RREE) 2024 which reduces the reservation percentages for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) by 50% of the reservation from each category. This legislative adjustment aims to address the evolving socio-economic landscape by reallocating resources and focusing more on economic criteria, rather than solely on caste-based reservations. 13. After the reduction of 50% of the reservation from each reserved category Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) the government has reallocated these percentages to individuals belonging to the Economically Disadvantaged Sections (EDS). This adjustment aims to enhance opportunities for socio-economic upliftment among those facing significant financial hardships. By directing resources and support towards the EDS, the policy seeks to address economic inequalities more effectively and provide greater opportunities for socio-economic advancement to individuals who are in urgent need of assistance. 14. An organization called "Justice for All," led by individuals from Scheduled Castes (SC) and Scheduled Tribes (ST), has filed a petition in the Supreme Court challenging the constitutionality of the recent government bill. The bill, which reduces the reservation quotas for SCs, STs, and OBCs by 50% of the reservation from each category and reallocates these percentages to the Economically Disadvantaged Sections (EDS). 15. The Supreme Court has consolidated the Public Interest Litigation (PIL) filed by Amit Lal and the challenge to the “Reservation Reform and Economic Empowerment Act” brought by the "Justice for All" organization. The court has scheduled a hearing on November 16, 2024. 16. Following issues are been placed before supreme court of Manuland - 1. Is the subdivision of Scheduled Castes (SC) and Scheduled Tribes (ST) categories based on economic criteria constitutionally valid? 2. Is the exclusion of the “creamy layer” from reservation benefits justified or not? 3. Constitutionality of the “Reservation Reform and Economic Empowerment Act” 2024. 4. Does the reduction in reservation quotas affect the socio-economic upliftment of SC and ST communities?