MOOT PROBLEM

1. The Republic of Mosis is the second most populated and highly diverse country in the world.
It is also the third largest country in terms of area and the fourth fastest growing economy.
The Country follows quasi-federal polity with 28 States and 8 centrally administered
territory. The Constitution of the country is guiding document for its governance. The
Central government has primacy and exclusive jurisdiction over certain matters which
include defence, external affairs, etc. The country has no state religion and follows
secularism as its entrenched idea in its Constitution. The population is a mix ofdifferent
religions like Orthodox Christian, Protestant, Muslim, Roman Catholic and other traditional
beliefs. However Christian is dominant religion there.Historically, it has been recipient of
migrants across the world because of ample opportunities of trade and commerce. It has also
received people who have faced persecution based on their religions from its neighboring
countries. It has been the destination for migrants and refugees from its neighboring countries
which include, Republic of Bhuman and Osholand in northeast, United Provinces of
Bismark and Republic of Ikra in northwest, Republic of Mavrick in southwest and United
States of Simack in south. It has also received people who have faced persecution based on
their religions from these neighboring countries. However the Republic of Mosis has seen
various movements by local organizations demanding the deportationof theillegal migrants
from the country as they allegedly affect the economy and demographic structure of the
country.
2. The republic of Mosisbecame a sovereign nation 1950.It conducted nationwide survey and
prepared a national register of citizens in 1951. It kept on updating the register for identifying
its citizens as usual practice. The Parliament of the Republic of Mosis enacted acentral
legislation called Republic of Mosis Citizenship Act 1958 to provide for acquisition and
determination of citizenship norms of the country. It granted citizenship to people based on
birth, descent, or naturalization by laying down different temporal thresholds.

3. Amrek is the northeastern province of Republic of Mosis. It is situated along the Gangrow
and Nasaq River valleys and shares borders with neighboring countries namely Republic of
Bhuman and Osholand. It is known for its natural resources and rich economy. Its
demographic structure is basically mix of different religions like Orthodox Christian,
 Protestant, Muslim. However Christian is dominant religion there. Historically, Amrek has
been destination for cross border migration of people from the region of Osholand for the
purpose of trade and commerce via river. People from Osholand also married to the local
people in Amrek. Prior to declaring its independence on 25th January 1971, Osholand was a
colony of the United Provinces of Bismark for a period of almost 15 years. Over long period
of time, the Bismark armed forces reportedly committed atrocities and human rights violation
on Osholian people. It resulted in violent clash between Osolian protestors and armed forces
of Bismark. The forces retaliated heavily and compelled the protestors to flee across the
border into Amrek in Republic of Mosis.
4. In Amrek, some organisations especiallyAmrek Indigenous people Union (AIPU) raised
issue of sudden rise of voters on Electoral list reportedly because of mass migration from
Osholand. They alleged that names of the illegal migrants have been wrongly entered in the
list. They also alleged that migrants are responsible for increasing joblessness, communal
violence, crime rates, declining state of economy of the state. The illegal migrants mostly
belong tomuslim religion and they have affected cultural and social fabric of Amrek society.
The AIPU protested and demanded that they must be deported to their country. There was an
agreement between the AIPU and other organizations, Provincial government and Central
government on the issues related to illegal migrants. The agreement is also known as Amrek
Pact 1975. The provisions of the Pact are given below:
a) The Central government of Republic of Mosis will make necessary amendment to grant
citizenship to illegal migrants who entered the province of Amrek from Osholand prior
to 24 January 1975.
b) Illegal Migrants from Osholand entered in the Amrekprovince after 24 January 1975 shall
be detected, deported from the territory and country as per the law.
c) Necessary measures would be taken for detection, and deportation of illegal migrants
who entered and have been living in Amrik after 24 January 1975, as per the law.
d) So detected illegal migrants will be registered to be so in accordance with the provisions
of the Foreigners Act of the country. Accordingly Foreigners Tribunal was established in
the state for detection and deportation ofillegal migrants.
5. Accordingly, Republic of Mosis Citizenship Act was amended on May 23rd, 1980 to
include Section 6-A, which read as follows:
(1) Any illegal migrant of Osholand origin, who entered the state of Amrek from
the territory of the Republic of Osholand on or before 24th January 1975, shall
be deemed to be a citizen of Omberlands.
(2) Illegal Migrants who came to Amrek on or after 24th January 1975shall
continue to be detected, and deported in accordance with law. Immediate and
practical steps shall be taken to expel such migrants.
(3) Save as otherwise expressly provided in this section, the provisions of this
section shall have effect notwithstanding anything contained in any other law
for the time being in force.”
6. However the Amrek Pact largely remained unimplemented and the province saw the
changing demographic patterns in border districts became more visible.On the other hand,
reports of Illegal migrants from Osholand being able to secure Republic of Mosis ration
and voter identity cards have come out. A report on Illegal Migrants in Amrek published in
1998 recommended that:
a) Illegal migration into Amrek being not only a threat to the identity of the Amrek people
but what is more, being a grave threat to our national security.
b) The National Register of Citizens should be updated and computerized.

c) Christian illegal migrants who have infiltrated after 24 January 1975 should not be given
refugee status. They should be treated as illegal migrants.

7. Accordingly the central government of Republic of Mosis enacted the Citizenship Rules
2003 for making National Register of Citizens(NRC). Special provision concerning the
province of Amrek was inserted which required the Central Government to prepare NRC
for the province. The provision is given below:
a) “National Register of Citizen” means the Register containing details of
citizens of Republic of Mosis residing in the Province of Amrik, as mentioned in the
National Register of Citizen which was prepared along with 1951 census under a
directive of the Ministry of Home Affairs;
 b) The District Magistrate shall cause to be published National Register of Citizens for
People of Amrek from electoral rolls up to the midnight of the 24th day of January,
1975 in each village and ward.

8. The provision provided a criteria consisting of cut-off date i.e. 24 January 1975 for
determining as who could be citizen to be included in the consolidated list of citizens. The
central government conducted theNational Register of Citizen(NRC) on the basis cut-off
date of 1975 for the province of Amrek. People of the province were required to produce
documents in support of their claim of being citizen and not beingillegal migrants. After
much fits and starts, the NRC process was completed in 31st August 2019.Around 20 lakh
people could not satisfy the criteria and were excluded from the NRC list. The demography
of excluded people was mix of Christian and non-Christians including largely Muslims.
9. However the Central Government of Republic of Mosis made an amendment in its
Citizenship Act 1958 by inserting the following provision in the Act:
1. In the Citizenship Act in section 2, in sub-section (1), in clause (b), the following
proviso shall be inserted, namely:—
"Provided that any person belonging to Orthodox Christian, Protestant, Roman Catholic
and other traditional beliefs community from Osholand, United Provinces of Bismark
and Republic of Ikra who entered into Republic of Mosis on or before the 31st day of
December, 2010 shall not be treated as illegal migrant for the purposes of this Act.
2. As per newly inserted section 6B, the above category of People shall be deemed to be
citizens of Republic of Mosisfrom the date of his entry into the territory if granted
certificate of registration or certificate of naturalization subject to such conditions,
restrictions and manner as may be prescribed.

10. The amendment provided thatillegal migrants belonging to specific religion namely
Orthodox Christian, Protestant, Roman Catholic and other traditional beliefs who entered
into Republic of Mosis from Osholand, United Provinces of Bismark and Republic of Ikraon
or before the 31st day of December, 2010 shall not be treated as illegal migrants and shall be
eligiblefor Citizenship under the Act. However the Muslimillegal migrants who similarly
 entered into Republic of Mosis from the specific countries and on or before the same time
shall be treated illegal migrant and will be detected and deported as per the law.
11. The amendment in the Republic of Mosis Citizenship Act 1958 created furor among people
of particular section of society. Several human rights related organizations decried the
amendment to be discriminatory and violation of fundamental rights granted not only to
citizens but also to non-citizens. They criticized the amendment as being selective in
protecting illegal migrants based on their religion, place of their origin and nationality
which is blatantly in violation of rights mentioned in international human rights related
declarations and treaties like Universal Declaration on Human Rights,International
Covenant on Civil and Political Rights, International Covenant Economic Social and
Cultural Rights. It is also contrary to the principles enshrined in theInternational
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families 1990 andNew York Declaration for Refugees and Migrants 2016. It must be
mentioned here that Republic of Mosis is contracting state to ICCPR and ICESCR.
However it is neither signatory to International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families 1990 nor to New York Declaration
for Refugees and Migrants 2016. At the same time, the Republic of Mosis endorsed the
Global Compact for Safe, Regular and Orderly Migration, which commits States to respond
to the needs of migrants in situations of vulnerability, avoiding arbitrary detention and
collective expulsions and ensuring that all migration governance measures are human
rights-based.
12. The statement and objects for amendment to Citizenship Act 1958 of Republic of Mosis
state that illegal migrants belonging to specific religion namely Orthodox Christian,
Protestant, Roman Catholic and other traditional beliefs who entered into Republic of
Mosis from Osholand, United Provinces of Bismark and Republic of Ikra on or before the
31st day of December, 2010 are minority in the mentioned country and have faced
persecution due to their faith and religious belief. The specific illegal migrants are being
given protection and eligibility to citizenship because they have faced persecution due to
their religions. However the Convention Relating to the Status of Refugees 1951 requires
States to give equal protection to people fleeing to other countries because they faced
persecution and religion being one of the grounds of persecution. Hence it is also alleged by
 the human rights organizations that the amendment is in violation of non-discriminatory
principles of Refugee Convention 1951. However it is required to be mentioned here that the
Republic of Mosis is not contracting State to the Refugee Convention.

13. In December 2019, an unregistered association called the Human Rights Society for the
Welfare Muslim Migrants of Amrek (HRSWMMA) along with other human rights N.G.Os
filed a writ petition before the Supreme Court of Republic of Mosis under Article 32 of the
Constitution of Republic of Mosis:
i. Challenging Section section 2, in sub-section (1), in clause (b) and 6B of
the Republic of Mosis Citizenship Amendment Act as being ultra vires to
article 14 and 21 of the Constitution of Republic of Mosis
ii. Challenging the above mentioned newly inserted sections as they violate
secularism, which is an entrenched idea of the Constitution of Republic of
Mosis by giving protection to selective illegal migrants and eligibility to
citizenship based on religious identity

iii. Challenging the above mentioned newly inserted sections as they

violateMuslim illegal migrants’ right to equal and non-discriminatory
protection as their human rights provided under UDHR, ICCPR and New
York Declaration for Refugees and Migrants 2016 and International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families 1990.

iv. Challenging the amendment Act as it makes non-Muslim migrants from

Osholand who had entered India before December 31, 2010 eligible for
citizenship of Republic of Mosis which is contrary to provisions of Amrek
Pact.

v. Challenging the amendment as its Statement of Object says that Non-

Muslims illegal migrants from Osholand, United Provinces of Bismark
and Republic of Ikra are protected as they are minority in the mentioned
countries and they face persecution based on their religion. However
similarly non-Muslim illegal migrants from other neighboring country
 like United States of Simack and Republic of Mavrickare notprotected
and they are also prosecuted over there because of their religion. No
reason has been provided to explain the same.

vi. Challenging the amendment to Citizenship Act 1958 as it provides

protection to selective illegal migrants who faced persecution due to their
religion which is contrary to non-discriminatory principles of Refugee
Convention 1951.

14. The Supreme Court of Omberlands issued a notice to the Republic of Mosis and the Province
of Amrek in the said writ petition, numbered as W.P. (C) No. 23 of 2019 and placed the
matter for adjudication before a five-judge Constitution Bench in accordance with Article
145(3) of the Constitution of Mosis on all questions arising out of the said Writ Petition,
including the question of maintainability. The said petition is listed for hearing before the
Constitution Bench on 24th Jauary 2020.

15. For the purposes of this problem statement, the Constitution of Republic of Mosis and the
Republic of Mosis Citizenship Act and further Amendment in the Act are in parimateria with
the Constitution of India and the Indian Citizenship Act, 1955 and Indian Citizenship
Amendment Act 2019 respectively, so far as they are applicable to the facts stated
hereinabove. India has same obligations in international treaties and declarations related
tohuman rights of all migrants as the Republic of Mosis has.
Note: For the purpose of defining Illegal Migrants, the definition of the same in Indian Citizenship
Act 1955 is parimateria with the definition in Republic of Mosis Citizenship Act 1958. It is given
below.
“Illegal migrant” means a foreigner who has entered into India―
(i) without a valid passport or other travel documents and such other document or authority as
may be prescribed by or under any law in that behalf; or
(ii) with a valid passport or other travel documents and such other document or authority as may
be prescribed by or under any law in that behalf but remains therein beyond the permitted period of
time;]