1st NATIONAL ONLINE MOOT COURT COMPETITION 2020

NOMCC 2020
CLARIFICATIONS
1. GENERAL CLARIFICATIONS
1) Considering many requests, the Oral Arguments time duration is extended to 14 Minutes,
from the earlier 12 Minutes duration.
2) The hearing for the Petition is scheduled at 29th May, 2020 from the earlier 12th
November, 2019.
3) The PARTIES to the case stand as follows:

Petitioners: Indican Union Shishlamic League Leader Siyaram Umesh, RJD Leader Tanuj Jha,
TMC M.P. Sahiya Boitra, and AISIS Leader Osawuddin Kuwaisi

Respondent: Union of Indica, and Ors.

4) It must be Noted that All the Four Issues are relevant and need to be argued upon.
Considering issues 1 and 3 to be overlapping to some extent, both of them can be clubbed
together for the oral arguments. However the written submission must contain arguments
on all four Separately.
5) Any specific order may be followed while arguing. It is Not Important that the issues are
argued upon in sequence being 1, 2, 3 and 4. The Oralists may argue in any chronology
suiting and backing their arguments. However in case the Oralist takes up issues in a
different sequence, he/ she must mention the original number of the issue before
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commencing. For Example, The Counsel shall be arguing upon the third issue first and
then move to issues 1, 2 and 4.
6) The Platform for uploading of the arguments and Researchers Test shall be conveyed
ONLY after the draw of Lots.
7) The Arguments shall be confined ONLY till the situations witnessed in the Actual
Scenario till 24th May 2020. Any legal development post the said date, shall not be
considered for the purpose of this moot problem and the hearing in the Supreme Court is
scheduled on May 29, 2020.
8) Indica is pari material to Union of India, meaning thereby-
a. All Laws of India are pari material to the laws of Indica.
b. The Religious Sects of India are Pari Materia to that of Indica
c. The Neighboring Countries to India are Pari Materia to that of Indica. [Zakistan being
pari material to Pakistan]
d. All Indian Authorities are Pari Materia to Indican Authorities.
The status of the Indian Laws, Religious Groups, Neighboring Countries and Cases and
all Legal and Situational Developments around CAA and NRC can and Must be used for
the purpose of this Moot Proposition. [Preceding May 24, 2020].
It must also be noted that various sects and casts among religious groups Hindus and
Muslims shall be applicable to Shislam and Sindhusiam as well . The same goes with
The treaties, pacts, conventions, etc signed by India, The Yojanas, Acts, etc. passed by
India and The historical events faced by India.
9) Page limit for the memorandums: The Memorial Shall be a maximum of 40 pages.
The page limit for the arguments advanced: The Arguments Advanced shall be a
maximum of 26 pages.
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2. SPECIFIC CLARIFICATIONS
Q1. Are participants allowed to go beyond the given factsheet and consider certain
facts from the real situation?

Ans. The OT shall not deny it, since the situation in the proposition is akin to what was
actually witnessed by India, any real development preceding May 24, 2020 can be included.

Q2. What was the year where the basic structure doctrine to the Constitution of
Indica was created? The 42nd Amendment Act was passed in 1976 in India, but as per
the moot proposition, the act was passed in 1973 in Indica. So, is the year in fact 1973
for the purposes of the moot or is that an error?

Ans: The Answer to this lies in the Moot Proposition. The year mentioned in the
Proposition is deliberately penned and must be adhered to.

Q3. The Indian National Register of Citizens for Assam was conducted by the
Supreme court and not the Central and State governments. So for the purposes of the
proposition, do we consider the NRC for Nassam to be held by the Central and State
governments, or is that an error in the proposition?

Ans: YES, for the purpose of the proposition, it shall be settled that the Government passed
the NRC which was upheld by the Supreme Court.

Q4. Are the petitions that were grouped by the Indican Supreme Court Public
Interest Litigations, or are they regular writ petitions?

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Ans: This is a matter of Research to be achieved by the Teams.

Q5. Has any concrete plans for a PAN NRC in Indica been published by the
government? Is the ruling party of the Indican Government a party that leans towards
Sindhuism (most famous religion in Indica)?

Ans: This is a matter of Research to be achieved by the Teams.

Q6. What is meant by Constitutional Directives in the 3rd Issue?

Ans: The Directives as mentioned in the moot proposition means certain “Directive
Principles of State Policy” under Part IV to the Indican Constitution, being parimateria to the
Indian Constitution.

Q7. In paragraph 8 of the proposition, The citizenship Act, 1955 is referred to as

Citizenship Amendment Act, which appears to be a minor mistake in fact, so should it
be mentioned as an Act or Amendment Act in the memorial? It also states section 2 of
the CAA, 2019 where the names of the countries have not been changed in accordance
with the proposition, so for the purpose of reference in memorial, What shall be the
name of the countries?

Ans: YES, it has been a typographical error and must be mentioned as “ACT”. Further, for
the purpose of quoting Section 2 in the memorial, the changed name of the countries shall be
used. The Same name of a country shall only be used If the factsheet remains silent on the
changed name of the same.

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Q8. In Para 11 of this proposition, "The protests soon turned violent and led to
mass bloodshed between the two religious groups. It majorly involved students from
certain universities and political groups like PMI and KNU, leading to large scale loss
of lives." can you elaborate more on PMI and KNU as to whether they are universities
or political groups, and if they are university please also mention the political groups.

Ans: PMI and KNU as mentioned in the factsheet refer to Universities. The Political Group
being followed by the protestors is a matter of research for the teams.

Additional Clarification:The Phrase “Peaceful Protests turning to violent is not an

oxymoron. The reasons behind turning of the protests into violent bloodshed must be
researched and it would then form the body of arguments for the 2 nd Issue.

Q9. In Para 14. "Various state governments took cognizance of the situation asking
the protestors to hault their actions. However, continuous denial and an explicit
incident of making a call through loudspeaker from a local mosque, which called the
members of the Shislamik community to continue their fight for justice, invited prompt
action by the government." Can you elaborate the action by the government? This
sentence is generally referring to central government and para 15 the internet ban was
done by some of the state governments. Kindly give required detail of facts at this
point.

Ans: The Actions taken by both the central and state governments are akin to the actual
situation and is hence a matter of research to be achieved by the teams. Further, the Fact
sheet clearly mentions that the Internet Bans have been ordered by Various State
Governments, and this position stands final.
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Q10. Can we discuss the maintainability of this court in the current matter?

Ans: Certainly.

Q11. Under which law an Internet ban was imposed?

Ans: The Act of Banning the Internet was akin to the actual situation and is hence a matter of
research to be achieved by the teams.

Q12. In issue 3, there’s a line which says “the protests leading to riots”, are the
Raheem Baugh protests included?

Ans: YES, the said protests are included in the term.

Q13. Clarification regarding the 2nd issue in moot problem; Whether the peaceful
protest inciting violence will be treated as valid protest? Does the Petitioner needs to
prove and argue that it is valid and the Defense as violent protest is not a valid protest
or vice versa?

Ans: Please Refer to the Additional Clarification provided for question 8.

Q14. Whether the second issue deals specifically with the protests which is
mentioned in paragraph 11 or paragraph 13. Whether there were protests in other parts
of the country i.e., in cities where Internet bans were imposed?

Ans: The second issue is not exhaustive of the protests mentioned under Paragraph 11 and
13, and all actual developments precedingMay 24, 2020 can be considered. With regards to

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the second half of the query, the situation was akin to the actual situation and is hence a
matter of research to be achieved by the teams.

Q15. Was there any specific development on what would be a “nodal decision” w.r.t
the illegal immigrants?

Ans: This shall be a matter of research to be achieved by the Teams.

Q16. Has the Central Government brought out a fixed objective for the Act? What
are the alliances and ideologies of political groups PMI and KNU? What kind of a
government was at the centre at Rahim Baugh (i.e belonging to which political
ideology etc.?) What was the nature of the call made by the loudspeaker? Have there
been any reports of spreading of Rumours or fake news through the medium of
Internet during the protests?

Ans: These questions Cannot be answered by the OT, as they form the substance of the
arguments. They shall solely be the matters of Research by the Teams.

Q17. What exactly does the word section includes in issue 3?

Ans: The word “Section” includes any religious, social, linguistic, cultural, inter- alia group
in Indica.

Q18. Under point 14, when you mention ‘prompt action’, could you clarify the extent
of the action taken? Under point 14, could you clarify as to which government has
undertaken the said action?

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Ans: The situation here was akin to the actual situation and is hence a matter of research to
be achieved by the teams.

Q19. Under point 10, you mention the validity of the act was challenged but then go
on to describe it as a bill. Could you kindly clarify that?

Ans: The validity of the Act has been challenged as the BILL was assented and converted
into the Act. The Bill has been described in the proposition deliberately as one of the core
issues in the situation involved the passing of the bill into a full- fledged Act.

Q20. Under Para-6, whether the statement, "government claims, excluded all the
illegal immigrants" is an indisputable fact or just a claim by the Government that has
to be proved?

Ans: For the purpose of this Proposition, the claim is not indisputable and can be
challenged or defended, depending upon the Parties.

Q21. With respect to issue II, the teams seeks clarification with the terminology
“protests leading to riot”, what exactly does the issue expect the team to address
considering there are two possibilities, (A) the team advocates wrt the Right To Protest
regardless of its consequences, (B) the team advocates wrt determining the validity of
the protests going on in Indica and justifies such riots?

Ans: The team advocates, depending upon the side, have to explain the validity of the
Protests and the right of the parties to carry out such protests (if any).

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Q22. Have Indica and Zakistan undergone partition before being created as
independent states?

Ans: YES, the countries have had undergone a Partition in 1947.

Q23. The Moot Proposition mentions that “The term Secular was added to the
Preamble of the Constitution as part of the basic structure vide the 42nd amendment to
the Indican Constitution in 1973.” However, in the immediate subsequent line it also
mentions: “As per one of the most landmark case of Indica, decided by the Largest
bench of 13 judges, it was made a principle that the ‘Basic Structure to the
Constitution of Indica’, cannot be amended to remove any word whatsoever.”
Therefore, the question is in two parts:
a. Whether there is a mention of provision as ‘basic structure’ as mentioned in the
Indican Constitution? If yes, then which article, and what is the wording of the said
provision?

Ans: The term BASIC STRUCTURE does not itself finds a place in the Constitution.

b. As per the 13-judge bench verdict, is it now the rule that Parliament cannot remove
any fundamental right from the Constitution? If yes, then is Right to property under
Article 19 still a part of Fundamental right? If not, is it that only those provisions that
form the basic structure cannot be removed?

Ans: No, only those provisions that form the basic structure cannot be removed. The same has
nothing to do with Right to Property forming a part of Fundamental Rights.

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Q24. In paragraph 7 of the moot proposition ,the objective behind the introduction of
the CAA is stated as "To tackle illegal immigration at National level" which is
factually incorrect. This particular statement, which forms the core of the debate
behind constitutionality of CAA, is quite confusing. Kindly clarify.

Ans: The phrase “To tackle illegal immigration at National level” is not the core objective
behind the introduction of CAA, but an interpretation. Reliance shall definitely be placed on
the Literal Objective of the Act, for the purpose of the Arguments.

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