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SCHOOL OF LAW MOOT COURT COMPETITION 2021

THE HON’BLE SUPREME COURT OF ENDOR

S.L.P (CIVIL) NO _ 2021

(FILED UNDER ARTICLE 32 OF CONSTITUTION OF ENDOR)

-IN MATTER OF

SLP(Cc)NO._2021

Ben Yoda Foundation PETITIONER

V.

Union Of Endor RESPONDENT

MEMORIAL ON BEHALF OF THE RESPONDENT

MEMORIAL ON BEHALF OF THE RESPONDENT

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Table of Contents
List of Abbreviations 3

Index of Authorities 4

• Table of Cases 4

• Books 4

• Websites 5

• Statutes 5

Statement of Jurisdiction 6

Statement of Facts 7,8,9

Summary of Arguments 10,11
Arguments Advanced 12

Issue-I: Do the citizens of Endor have a fundamental right to 12

privacy?
Issue-II: In what way VDR card affect the citizens right to privacy? 13,14
Issue-III: Is the VDR card Act constitutional ? 15,16

Issue-IV: VDR card is boon or bane ? 17,18

Prayer 19,20

MEMORIAL ON BEHALF OF THE RESPONDENT

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LIST OF ABBREVIATIONS

& And
Hon’ble Honorable
GDP Gross Domestic Product
FDI Foreign Direct Investment

No. Number

V. Versus

INR International Normalized Ratio

BINKS Biometric Identification & National

knowledge
VDR Verification Data Registration card
SC Supreme Court
UIDAI Unique Identification Authority
CBI Central Bureau of Investigation

MEMORIAL ON BEHALF OF THE RESPONDENT

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INDEX OF AUTHORITIES

TABLE OF CASES:
1. K.S.. Puttaswamy (Aadhaar-5 J.) v. Union of India, (2019)
2. Govind v. State of Madhya Pradesh, (1975)
3. M. P. Sharma and Others V. Satish Chandra, District., (1954)
4. Mrs.R.Annal v. The State of Tamil Nadu, (2019)
5. Kharak Singh v. State of Uttar Pradesh, (1962)
6. Unique identification authority of India & Anr v central
bureau of investigation, (2014)

BOOKS:
1. Constitution of India by V.N Shukla
2. Constitution of India by P M Bakshi 17th Edition
3. The Constitution of India by Dr. B.R. Ambedkar 2020
Edition

4. Introduction to the Constitution of India (24th Edition)

by D D Basu 

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WEBSITES:

1. https://www.scobserver.in
2. https://www.manupatrafast.com
3. https://www.thehindubusinessline.com
4. https://m.economictimes.com
5. https://www.indiankanoon.com

STATUTES:
1. THE CONSTITUTION OF INDIA, 1950
2. THE AADHAR ACT, 2016
3. Universal Declaration of Human Rights Act, 1948

MEMORIAL ON BEHALF OF THE RESPONDENT

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STATEMENT OF JURISDICTION

The Hon'ble supreme court of Justice has the jurisdiction to try,

entertain and dispose of the prevent case by virtue of Article 32
of the Constitution of Endor.

Article 32: of the Indian Constitution gives the right to

individuals to move to the Supreme Court to seek justice when
they feel that their right has been 'unduly deprived'. ... And
unless there is some Constitutional amendment, the rights
guaranteed by this Article cannot be suspended.

The Counsels for the Respondent most respectfully submit to

this jurisdiction of the Hon’ble Supreme Court.

MEMORIAL ON BEHALF OF THE RESPONDENT

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STATEMENT OF FACTS.

1. The Republic of Endor located in South Asia has a

large population of about 1.3 billion, with over 21
languages and 5 major religions. Endor has a fast-
growing economy and faces illegal immigration,
corruption, lack of well distributed socio-economic
welfare services i.e., food rations, low-income benefits
among others leading to a need for a proper means to
provide for the part of the population on the
disadvantage.

2. Endor has a constitution which upholds liberal

democracy and freedom of speech to its subjects,
Equality before the law and grants its citizens certain
Fundamental Rights. Endor’s constitution is Pari Materia
to that of the Republic of India as of 7th January 2018,
With exception to article 141 of the Indian constitution.
Endor’s currency has the same value as INR.

3. The Imperial Party with majority in both houses of the

parliament introduced a bill in the lower house of the
parliament, which aimed at targeting the groups of
Endorians who needed most support, in availing these
services. The campaign involved launching a biographic
and demographic based national identification card with
a unique number to be known as “Verifiable Data
Registration Card (VDR), pronounced Vader”.

MEMORIAL ON BEHALF OF THE RESPONDENT

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4. VDR was for all citizens of Endor and residents. The data
was collected by an individual’s demographic and
biometric information in a central database. BINKS
known as Biometric Identification National Knowledge
system, BINKS was responsible to collect the data and
secure it safely.

5. The Leia Allegiance Party greatly opposed the Bill

because it was stated that it was compulsory for all
citizens of Endor to have it in order to access some
benefits and other socio-economic welfare benefits.
Also, the Leia agency raised their concern on
infringement of right to privacy with the collection and
storing of biometric and demo data including one’s
address, phone number, name, and other personal
details.

6. The Bill was passed in both houses of the parliament by

late 2012 and a sum of 2000/- crores is allotted to BINKS
to start the process which is compulsory now for all
Endorians to have a VDR card. The aim of the
government was to combust misappropriation of
resources, combat misuse of the taxpayer’s money, fight
corruption and make sure the resources reach the
hands of the targeted group of the demography of the
state.

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7. By 2015 there arose some problems with VDR and by

then, over 90% of Endorians had a VDR card. Rising
media reports started writing on the discrepancies and
data leaks with the whole VDR card scheme which
included inaccuracy on the data collected, wrongful
pension denial and food rations, illegal immigrants
having VDR cards. The Imperial Party as heavily
criticized for this. The investigative report claimed that
the data on the BINKS servers was available for as much
as Rs 500/-. The Prime Minister Palantir defended the
scheme that it aims only to benefit the citizens of Endor
by protecting them from social injustices.

8. After the publication of the investigative report , The

Ben Yoda Foundation, a civil rights group filed a writ
petition in the Supreme Court of Endor challenging The
VDR Act,2012 stating the scheme to be unconstitutional
and that the scheme interfered with the fundamental
right to privacy granted to the citizens of Endors.The
foundation also stated on the Lack of Data Protection
Laws in Endor as a threat to the whole VDR card scheme
and accused the Parliamentary committee of forcing the
bill on the parliament without regards to the vices of the
whole scheme to the breach of privacy of Endorians.
Also, the Foundation pointed out on the restriction to
accessing legal resources to Endorians.

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SUMMARY OF ARGUMENTS.

ISSUE 1: Do citizens of Endor have a fundamental right to

Privacy?
It is humbly submitted before the hon’ble court that the
citizens of Endor do not have a fundamental right to
privacy, as the right to privacy cannot fall in the
bracket of fundamental rights as there are binding
decisions of larger benches that it is only a common
law right evolved through judicial pronouncements.

ISSUE 2: Whether the VDR card affect the citizens right to

privacy?
It is humbly submitted before the hon’ble court by the
respondent that the VDR card in no way affects the right
to privacy of Endorians due to establishment of BINKS
which is responsible for collecting and safely securing the
data. Also, the data collected by BINKS is minimal to pose a
threat to the right of an individual’s privacy.

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ISSUE 3: Whether the VDR Act is constitutional?

It is humbly submitted before the hon’ble court that the
act is constitutional, Since the fundamental rights of any
group of individuals have not been violated. The petition is
not maintainable.

ISSUE 4: Whether VDR is boon or bane?

It is humbly submitted before the hon’ble court that VDR is
indeed a boon due to its solely purpose of eradicating
social injustices and to better the life of the poor and those
who lack access to the socio-economic welfare services.

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ARGUMENTS ADVANCED

ISSUE 1 : Do the citizens of Endor have a fundamental

right to privacy ?

1. It is humbly submitted by the council on behalf of the

Respondent that the Citizens of Endor do not have a
fundamental right to privacy

2. Right to privacy cannot fall in the bracket of

fundamental rights as there are binding decisions of
larger benches that it is only a common law right
evolved through judicial pronouncements.

3. It is only unauthorised intrusions (without law) into one's

home that is protected under Article 21 of the Constitution
as a component of ordered liberty. Thus, in view of the
aforementioned judgments, no Article 32 petition lies in
this court on the ground of violation of privacy," 1

4. In a significant judgment, the court ruled that “privacy was

not a guaranteed constitutional right”. It, however, held
that Article 21 (right to life) was the repository of residuary
personal rights and recognised the common law right to
privacy.2
1
M. P. Sharma and Others V. Satish Chandra, District., (1954)
2
Kharak Singh v. State of Uttar Pradesh, (1962)

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ISSUE 2: Whether VDR affects the citizens right to privacy in

any way?

1. It is humbly submitted before the hon’ble court that

however true that the right to privacy is important, it is
that the right to privacy cannot be an absolute right. For
instance, surveillance is important to prevent crime in a
society. An individual cannot simply argue that his privacy
is being violated if larger public interest requires keeping
him/her under the surveillance.

2. Right to privacy is not violated if the collected information

is given voluntarily by the individual. In Unique
Identification Authority of India & Anr. . v. Central
Bureau of Investigation (2014). The CBI sought access to
the huge database complied by the unique identity
authority of India for the purpose of investigating a
criminal offence. The supreme court said that the UIDAI
was not to transfer any biometrics without the consent of
the person. As far as right to privacy of people is
concerned the VDR does not in any way violate this right,
therefore personal data cannot be misused.3

3
Unique Identification Authority of India &Anr.v. Central Bureau of investigation

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3. It is humbly submitted before the hon’ble court by the

respondent that, it is highly unlikely for VDR scheme to
violate the right of privacy of Endorians due to very
minimal collection of personal data enrolled. The data
from the iris and fingerprint collected is collected and the
authentication process is not exposed to the internet.

4. To quote Attorney General K.K Venugopal for the Centre;

Privacy is not single homogeneous right but rather as a
bunch of rights spread over the constitution. The right to
privacy is a sub-specie of the fundamental right to
personal liberty and consists of diverse aspects.
Therefore, citizens of endor cannot agitate against the
VDR card, saying it is a violation of their right to privacy.
An elite few cannot claim that their bodily integrity would
be violated by a scheme which serves to bring home basic
human rights and social justice to millions of poor
households across the country.

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ISSUE 3: Whether the VDR Act is constitutional?

1. It is humbly submitted before the hon’ble court that the

VDR act is maintained to be constitutional, as the
respondent has only a certain access when collecting the
individuals biometric and demographic information, and
on permission of the individual. The overall validity of the
VDR is targeted for delivery of financial and other
subsides, benefits and services to the part of the
population that is in need.4 Case Law in point Justice K. S.
Puttaswamy(retd) V Union of India case number; WP (c)
494/2012.

2. The VDR card only aims to secure the poor and the
deprived persons an opportunity to live their life and
exercise their liberty. In no way is the effort of the
respondent anything but only goodwill towards bettering
the lives of all Endorians, by combating corruption and
ensuring that the tax payer’s money is not misused, in no
way is this act unconstitutional.

4
Justice K. S. Puttaswamy (retd) V Union of India Case no. WP (C) 494/2012

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3. The VDR act is constitutional due to that the constitution

does not exist for a few or minority of the people of Endor.
Therefore the vdr scheme cannot be considered
unconstitutional because one of its main aims is to make
sure that, every Endorians has an equal opportunity to all
socio-economic welfare services, benefits and subsides.
Therefore, a reasonable restriction by the government on
an individual privacy that fulfills the government’s
legitimate aim to provide dignity to a large, marginalized
population living in abject poverty.

4. It humbly submitted before the hon’ble court that the VDR

act is constitutional due to that it fulfills the first two
requirements. The order is that these two factors are met;
a) the purpose of ensuring the deserving beneficiaries of the
welfare schemes is correctly identified;

b) To achieve the balancing of two competing fundamental

rights; Right to privacy on the one hand and right to food,
shelter and employment on the other.

ISSUE 4: Whether VDR is boon or bane?

MEMORIAL ON BEHALF OF THE RESPONDENT

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1. It is humbly submitted before the hon’ble court by the

respondent that, VDR is a boon hence beneficial to the
citizens of Endor. The sole purpose of the VDR act is to
make sure that the deprived citizens get their rightful
entitlements like provident funds and pension and food
rations.

2. The VDR scheme aims to eliminate corruption in the

distribution of welfare benefits such as cash transfers and
subsidized rice, this aimed at making sure Endor’s poor get
the benefits instead of illegal middlemen. It is also
designed to make it easier for the masses to sign up for
bank accounts and mobile phone plans, and to make
payments via smartphones.

3. The respondent further argues before the hon’ble court

that VDR scheme is a boon to the people of Endor. The
large part of the population of Endor is illiterate and lack
toilets and face other security threats in their homes, visit
government centers and banks to enroll. They peer into
eye scanners and have their fingerprints scanned on
computers. That information, along with their photos and
other basic personal details, are uploaded to the vdr
database, and applicants are given a 12 unique
identification numbers matched to their data. They must
use those to receive government benefits, for instance to
collect subsidized sugar from shops. The shops or banks
can clear a person identity from VDR card.

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4. It is further submitted by the respondent that VDR scheme

has for (4) proportionate objectives which the government
seeks to achieve for the betterment of the lives of poor
and deprived Endorians, these objectives include;
i) Legitimate goal; The legitimate goal of VDR act is to
ensure that every poor and deprived citizen of Endor
has access to better socio-economic welfare services.
ii) Rational connection; The VDR card is a suitable means
of furthering the goal of getting rid of corruption, to
stop misappropriation of tax payer’s money, to ensure
that subsidize such as food rations and pensions
allocated are in the hands of the individuals intended
among other small benefits such as linking the vdr card
to bank accounts to make, direct transfers and other,
banking transactions easier.
iii)Necessity; Vdr scheme was necessary in Endor so as to
limit corruption rife on food rations schemes, pension
schemes, to make sure that the social welfare services
and other government benefits reach the intended
portion of the population.
iv)Balancing : The vdr scheme has a balance because it
avoids infringing any rights of Endorians and at the same
time, providing benefits, subsidizes, fights corruption
among others. Thus, among the most respected articles
by the VDR Act are article 14,19,21,32 of the
constitution of Endor.

PRAYER
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In the light of the issues raised, arguments advanced and

authorities cited, may this Honorable court be pleased to:

1. Dismiss the writ petition

2. In the alternative declare and adjudge:

i) That the Respondent has not violated the Fundamental

rights of the People of Endor.

ii) That the Respondent is not liable for the alleged data
leaks

iii)That the VDR Act truly seeks to secure the poor and
deprived persons an opportunity to live their life and
exercise liberty.

AND/OR

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Pass any other order that it deems fit in the interest of

Justice, Equity and Good Conscience.
And for this, The Respondents as in duty bound, shall
humbly pray.

COUNSELS FOR THE RESPONDENTS

MEMORIAL ON BEHALF OF THE RESPONDENT