DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW

MOOT COURT COMMITTEE

CONCOURS, 2023

FOR FIRST-YEAR STUDENTS ONLY

MOOT PROPOSITION
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STATEMENT OF FACTS

1. The Republic of Nevermore (‘Nevermore’) is a Union of States

comprising 28 states and 8 union territories. Nevermore attained
independence from its colonial masters, the Jericho Empire, in 1947 after
a long and arduous struggle. The Constituent Assembly of Nevermore
adopted the world’s longest-written constitution anchored in the basic
principles of justice, equality, liberty, fraternity, secularism, the rule of
law, separation of powers and independence of the judiciary. The polity is
federal, democratic and republic in nature.

2. Nevermore is a nation of vast diversity and rich culture, varied traditions,

customs, and home to all major religions of the world. It is the 7th largest
country by land area, the third-largest economy in terms of purchasing
power parity (PPP) and the world's most populous democracy at 1.4 billion
people. However, there is stark economic inequality and a social divide.
This inequality in social status emanates from the regressive practices
based on the concept of caste. Caste is a system of rigid social stratification
characterised by hereditary status, endogamy, and social barriers
sanctioned by custom, law, or religion.1

3. Upon independence, the makers of the Constitution of Nevermore (‘the

Constitution') resolved to correct the injustice meted out to the socially
disadvantaged and/or historically oppressed classes through constitutional
protections and representation. Accordingly, the Constitution, to ensure
their adequate representation and upliftment, provided for reservation to
such groups/classes including the Outcasts and the Protected Tribes.
Reservation in Nevermore refers to the practice of reserving seats
including in the services of the State, educational institutions, and the
legislature for certain groups, that have historically experienced
oppression/subjugation.

4. Along with the affirmative action, the Parliament of Nevermore also

enacted the Outcasts (Prevention of Atrocities) Act, 1989 (‘the OPA Act’)

1
Merriam-Webster Dictionary.

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to prevent the commission of offences of atrocities against the members

of the Outcasts community, to provide for the trial of such offences and
for the relief and rehabilitation of the victims of such offences and for
matters connected therewith or incidental thereto.

CONSTITUTIONAL VALIDITY OF SUB-QUOTAS (APPEAL NO. 1 OF 2023)

5. With the rapid economic development of the nation post-liberalisation of

the economy in 1991, raised standard of living and gradual upliftment of
historically oppressed classes, the idea of sub-classification gained gradual
ground at the turn of the 21st century. Reservation continues to be a
politically sensitive topic of electoral importance in Nevermore where
identity politics remain popular. Political parties often use reservation as
a tool for electoral gains.

6. The Outcasts contain a number of castes notified under Article 341 of the
Constitution. Economic conditions and standards of living among
different castes/sub-groups within the Outcasts vary. Political
representatives and leaders from the community and social scientists
continue to call for preferential treatment to the ‘more backward’ classes
within the Outcasts. One of the most backward groups within the Outcasts
is the Forbidden Fliers. They rank the lowest on many developmental
indices, including average household income, secondary education among
members of the community, especially women and infant mortality rate.

7. The State of Tatooine (‘Tatooine’) is a north-western state in Nevermore

and has a sizable population of the Outcasts, including Forbidden Fliers.
The Forbidden Fliers constitute 32% of the total Outcasts’ population in
Tatooine according to Steakholders Inc., Nevermore’s leading policy
think tank.

8. Under the Tatooine Provision of Reservation for Outcasts Ordinance 2022

(‘the Ordinance’), the State inserted Section 7A in the parent Act. The
Ordinance was notified on 25th December 2022. It provided for
preferential treatment to the Forbidden Fliers to the tune of 25% within the
reservation quota for the Outcasts in respect of employment in services of
the State. [See Annexure A]

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9. Mr. Peter Baelish, a member of Parliament from King’s Landing, State of

Tatooine, who has been known to take an anti-reservation stance during
legislative discussions on the floor of the House, made a statement to the
media opposing the Ordinance. On 3 January 2023, Mr. Baelish filed a
petition in the Tatooine High Court assailing the constitutional validity of
the Ordinance.

10. The High Court relying on judicial precedents struck down the Ordinance
as unconstitutional. It observed that the constitutional scheme did not
allow for sub-classification within the Outcasts and that the State
Government did not have the legislative competence under Article 341 to
tinker with the Presidential List, and that the Ordinance was violative of
federalism, which is a basic feature of the Constitution.

11. The State Legislature in a special session on 18 January 2023 passed the
Tatooine Provision of Reservation for Outcasts (Amendment) Bill, 2023
(‘the Amendment'), which provided for preference of up to 20%
reservation for the Forbidden Fliers within the reservation quota of the
Outcasts. The Governor, in light of the High Court decision, reserved the
Bill for the assent of the President. The President, after consulting
Attorney General Enola Holmes, granted his assent on 31 January 2023,
and the Act was notified the same day. [See Annexure B]

12. Mr. Peter Baelish again filed a petition in the High Court. The High Court
observed that it did not agree with the position taken by a 5-judge bench
of the Supreme Court in a similar case wherein the Apex Court had held
that sub-classification within the Outcasts was not allowed under the
Constitution but was bound by it under the doctrine of stare decisis. As
such, it struck down the Amendment on grounds similar to its decision in
the Ordinance validity case. The State challenged the decision before the
Supreme Court.

13. In light of the recently inserted Article 342-A of the Constitution, a 5-

judge bench of the Supreme Court upheld the Amendment and expressed
doubts on the correctness of its previous ruling, which the High Court had
also disagreed with. The Court also observed that the case involved

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another question of constitutional importance that once a Constitutional

Court has struck down a legislative enactment then to what extent is the
legislature bound by it so as to not overturn it by a subsequent legislative
enactment. While observing that the issue required interpretation of
constitutional provisions and concerned matters of great public
importance, it referred the matter to be decided by a larger bench of the
Supreme Court. Accordingly, Hon’ble the Chief Justice has referred the
matter to a 7-judge bench for an authoritative pronouncement.

MR. GOMEZ ADDAMS AND THE INCIDENT (SPECIAL LEAVE PETITION NO. 7 OF 2023)

14. Mr. Gomez Addams is a member of the Legislative Assembly of the State
of Tatooine and the Chief Whip of the Ruling Party. He is known for his
work on the amelioration of the position and status of the Outcasts in
Nevermore. He is a member of several charitable trusts and institutions
dedicated towards this cause and has proactively advocated for their rights
and privileges in society. Members of the Outcasts community have also
shown their appreciation towards him for his efforts.

15. As a personal measure of aid for the upliftment of Outcasts in professional

spheres, Mr. Gomez Addams has always ensured that 85% of his
employed staff, both at home and office, are from the historically
disadvantaged background, majority of whom belong to the Outcasts
community. This initiative has encouraged other members of the
Parliament and the public to follow suit and has resultantly increased the
employment rates of the Outcasts community in private organisations,
where reservation is inapplicable.

16. Ms. Enid Sinclair, a member of the Outcasts community, is the Chief
Policy Advisor to Mr. Addams and has been a loyal employee for 14 years.
Their professional relationship has always been cordial, and Mr. Addams
had helped Ms. Sinclair in the completion of her education, subsequent to
which he recruited her as a policy advisor. Throughout the years, Mr.
Addams had undertaken several initiatives based on the advice and
recommendations of Ms. Sinclair. He has publicly expressed appreciation
of her work multiple times.

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17. On account of the increased workload due to the pending general elections
in May 2023, and the developments regarding the constitutional challenge
to the Bill, Mr. Addams had been visibly stressed in the recent past. His
employees had noticed his behaviour to be unusually erratic and
impulsive, which they attributed to the aforementioned stress.

18. During this time, Mr. Addams had asked Ms. Sinclair and her policy team
to immediately draft a public statement on his behalf addressing the issues
surrounding the legal challenge to the prescription of sub-quotas so that
such a statement is published prior to any statement issued by the
Opposition Party (of which Mr. Baelish is an MP) in order to gain control
of the political narrative. However, due to extraneous reasons, there was
some delay on the part of Ms. Sinclair, and the Opposition Party issued its
statement first.

19. On hearing about this, Mr. Addams called Ms. Sinclair into his office
where four other employees, namely MSR, JSB, AR9 and Nammo (Ms.
Sinclair’s colleagues in the policy team) were also present. Upon entering
his office, Ms. Sinclair was immediately subjected to admonition by Mr.
Addams and several remarks were given about her incompetence in the
workplace. When Ms. Sinclair tried to justify herself and provide an
explanation for the delay, Mr. Addams became infuriated, asking her to
remain quiet and “stop acting like a buffoon”.2 In his rage, he also
remarked that Mr. Peter Baelish was right when he had told him that he
could never win the election because his advisors were incompetent and
even though he had helped Ms. Sinclair and members of the Outcasts
community, they would fail him. Within minutes, the employees of Mr.
Addams calmed him down, and Ms. Sinclair left the room without saying
a word (‘the Incident’). The news of the Incident spread like wildfire
with leading newspapers reporting about it. [See Annexure C]

20. Upon hearing about the Incident, Mr. Baelish condemned the conduct of
Mr. Addams and made a statement to the media. [See Annexure C] The

2
Although the term ‘buffoon’ generally means an ‘ill-educated or stupid person’, the term has, in recent times,
been used as an insult against the Outcasts community in some parts of Nevermore, especially the southernmost
State of Mustafar. The same has not gained considerable traction in Tatooine.

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legal team of Mr. Addams advised that he should consider seeking

anticipatory bail for the Incident. Mr. Addams sought the counsel of Ms.
Annalise Keating, Nevermore’s leading criminal defense attorney.
Accordingly, on 2 February 2023, Ms. Keating filed for anticipatory bail
before the Special Court, King’s Landing. Holding that a prima facie case
was not made out and that there was no absolute bar in granting
anticipatory bail under the OPA Act, Special Judge Tiwari allowed the bail
application.

21. On 5 February 2023, the State of Tatooine, instead of approaching the

High Court, filed a special leave petition before the Supreme Court (‘the
SLP’), challenging the order of the Special Court. Simultaneously, Mr.
Addams issued a public apology for the Incident [See Annexure D],
stating that it was not his intention to insult or humiliate Ms. Sinclair or
the Outcasts community.

22. In an unconventional move, the Hon'ble Chief Justice, exercising his

extraordinary powers as the Master of Roster clubbed the SLP with the
reference concerning the constitutional validity of the Amendment.
Accordingly, Appeal No. 1 of 2023 and SLP No. 7 of 2023 shall be heard
by a 7-judge bench of the Supreme Court on 12 February 2023.

23. The issues before the Hon’ble Supreme Court of Nevermore are:

i. Whether the Tatooine Provision of Reservation for Outcasts

(Amendment) Act, 2023 is constitutional?

ii. Whether the Legislature (in this instance, that of Tatooine) is

bound by judicial pronouncements so as to not overturn it by a
similar subsequent legislation?

iii. Whether the Special Leave Petition (No. 7 of 2023) filed by the
Stateof Tatooine is maintainable?

iv. Whether the Special Court erred in granting the anticipatory bail
to Mr. Addams?

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NOTA BENE:

I. The Constitution of Nevermore is pari materia to the Constitution of India,

save as provided hereinbelow.
(a) Any reference to the Scheduled Castes in the Constitution of India
shall be deemed to refer to the ‘Outcasts’ in the Constitution of
Nevermore.
(b) Any reference to the Scheduled Tribes in the Constitution of India
shall be deemed to refer to the ‘Protected Tribes’ in the
Constitution of Nevermore.

Eg: Article 15(4) of the Constitution of Nevermore reads as:

Nothing in this article or in clause (2) of article 29 shall prevent
the State from making any special provision for the advancement
of any socially and educationally backward classes of citizens or
for the Outcasts and the Protected Tribes.

II. The Outcasts (Prevention of Atrocities) Act, 1989 is pari materia to the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989, accessible here. Points I (a) & I (b) of the nota bene apply herein
mutatis mutandis.
III. The criminal procedure law in Nevermore is pari materia to the Code of
Criminal Procedure, 1973 (accessible here).
IV. The historical position of the Outcasts in Nevermore is similar to that of
Scheduled Castes in India.
V. Reference to the Constitutional Assembly Debates of India may be made
as if they were that of Nevermore.

[This problem has been drafted by Ms. Priankita Das and Mr. Sushant
Kumar, final year students at the Dr. Ram Manohar Lohiya National Law
University, Lucknow. Any attempt to contact them shall result in
immediate disqualification.]

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[Annexure A]

The Gazette of
Tatooine
MINISTRY OF LAW AND JUSTICE
(Department of Legislative Affairs)
King’s Landing, the 25th December 2022

The Tatooine Provision of Reservation for Outcasts Ordinance, 2022

(Tatooine Ordinance No. 28 of 2022)
[Promulgated by the Governor in the Seventy-third Year of the Republic of
Nevermore]

An
Ordinance

further to amend the Tatooine Provision of Reservation for Outcasts Act, 2001

WHEREAS the State Legislature is not in session and the Governor is satisfied
that circumstances exist which render it necessary for him to take immediate
action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article

213 of the Constitution of Nevermore, the Governor is pleased to promulgate the
following Ordinance:–

1. This Ordinance may be called the Tatooine Provision of Reservation for

Outcasts Ordinance, 2022.

2. After Section 7 of the Tatooine Provision of Reservation for Outcasts Act, 2001,
the following provision shall be inserted:

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"(7D) Twenty five percent of the vacancies of the quota reserved for
Outcasts in direct recruitment, shall be offered to the Forbidden Fliers if
available, as a first preference from among the Outcasts."

Provided that the Ordinance shall come into effect on such date as the State
Government may, by notification in the Official Gazette, appoint.

Claire Underwood
Governor

Kashish Nag Lanka

Secretary, Government of Tatooine

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[Annexure B]

The Gazette of
Tatooine
MINISTRY OF LAW AND JUSTICE
(Department of Legislative Affairs)
King’s Landing, the 31 January 2023

The following Act of the Tatooine State Legislature was passed on 18 January
2023 and was reserved for presidential assent by the Governor. Having received
the presidential assent on 31 January 2023, it is being published for general
information.

The Tatooine Provision of Reservation for Outcasts (Amendment) Act, 2023

(Act No. 2 of 2023)

An
Act

further to amend the Tatooine Provision of Reservation for Outcasts Act, 2001

BE it enacted by the Legislative Assembly in the Seventy-third Year of

the Republic of Nevermore as follows: —

1. (1) This Act may be called the Tatooine Provision of Reservation for
Outcasts (Amendment) Act, 2023.

(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.

2. After Section 7 of the Tatooine Provision of Reservation for Outcasts

Act, 2001, the following provision shall be inserted:

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“(7D) Twenty percent of the vacancies of the quota reserved for Outcasts
in direct recruitment, shall be offered to the Forbidden Fliers if available,
as a first preference from amongst the Outcasts.”

Gauravv Shekhar
Secretary, Government of Tatooine

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[Annexure C]

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[Annexure D]

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