MOOT PROPOSITION FOR TRAINING SESSION

The Republic of Badami is a country of 1.5 billion people, whose laws are in pari
materia with the laws of India. Badami is the third largest producer as well as the
third largest consumer of electricity. Its electricity sector is dominated by fossil
fuels, in particular coal, which produces about three-quarters of the country’s
electricity.

The Badami Institute of Policy and Ideation, the Government’s foremost think-
tank and policy body, came out with a report titled “Badami@2050-Towards a
Bright Future”. The report, compiled with the inputs from leading experts of
Badami and the globe, estimated that by 2050, the population of Badami would
peak to 2.5 billion, with annual energy consumption estimated to be at least 4000
TW/h.

On the basis of this report, the Government of Badami came out with the New
Energy Policy to augment energy production in the country. As per the NEP, the
Government committed to increase the share of renewable energy sources to 50%
of the energy output of the country. It also committed to invest in the research and
development initiatives to enable cleaner generation of energy from non-renewable
sources.

In pursuance of the NEP, the Government of Badami launched three projects,

namely

1. The Paramanu Nuclear Power Project under the Badami-US Nuclear deal.
2. The Vrishabhavati Dam project. And
3. The Dhatri integrated coal mining and power generation plant.

The announcement was met with mixed public response; however intense protests
were held by environmental activists and locals where the projects were being
setup.

BetterBadami, an NGO working in the field of environmental protection and

advancing the rights of displaced communities, filed a PIL before the Hon’ble
Supreme Court of Badami, claiming a violation of fundamental rights.
The Government of Badami defended the projects, stating them to be necessary in
larger public interest as well as national interest. It also pointed out that these
projects are in furtherance of the right to life and livelihood of the citizens of
Badami.

The Supreme Court on the first date of hearing quashed all the sedition cases
against the protestors. The matter has been posted for final hearing before the
Supreme Court.

ISSUES:

1. Whether the present public interest litigation filed against the Government of
Badami is maintainable?

2. Whether the three projects are in violation of Article 21?