Ramaiah College of Law

Intra Moot – 2023

Moot Proposition

The Republic of Vijayanagara is a country of 1.5 billion people, whose laws are in pari materia with
the laws of India. Vijayanagara is a developing country with a mixed economy, having a GDP of
$3.2 trillion, and a per capita income of $2,200. Vijayanagara has a demographic advantage given
that the vast majority of its population is young and in the working age group. However,
unemployment, quality of employment, and a tapering growth rate remain a cause of concern for
the country. Given the socialist moorings of its society, there is also a strong preference for
government jobs along with intense competition, with lakhs of applicants for a handful of
government jobs. However, attitudes seem to be changing.
2019 witnessed the onslaught of the dreaded Covid-19 pandemic, with millions being infected and
a widespread loss of life. The current situation in Vijayanagara is that around 60% of its population
is vaccinated with two doses of the Covid-19 vaccine, with this being 72% for the people in 15-35
age group. However, only 17% of all citizens have received a booster dose, with it being only 11%
for people in the 15-35 age group. Vaccination has slowed down in the country due to complacency
while also showing an urban-rural divide, with urban areas having higher vaccination coverage.
Infections have been down for the last six months, but mild cases have been rising since April
2023.
Due to the Covid-19 pandemic, the Central Government of Vijayanagara had to pause the
recruitment for the armed forces, in order to divert resources for securing vaccines, essential
medical supplies, providing cash support for the poor among other things. Apart from this, the
Defense Ministry was also planning to overhaul the recruitment system for the armed forces to
make Vijayanagara’s armed forces more agile, modernized and effective. Thus, recruitment was
stalled for nearly four years, causing anxiety among the youth who wished to serve in the armed
forces.
On 21st April, 2023 the Defense Ministry notified the VijayaVeer recruitment scheme, a new
scheme to recruit around 40,000 soldiers annually in the 18-23 age group for inducting into the
armed forces. Given that recruitment had stalled for four years, VijayaVeer 2023 would recruit
75,000 soldiers and increased the upper age limit to 25 years as a one-time adjustment. The last
date for application was 21st May, 2023.
As per the notification, applicants were required to show proof of vaccination (i.e. they had
received two doses of the vaccine) in order for their application to be accepted. Those who were
not vaccinated were precluded from applying under the scheme. The scheme also awarded 5 marks
as bonus marks for those applicants that had received a booster dose of the vaccine. The scheme
also stated that if successful, a candidate must submit an undertaking to abide by all vaccination
and booster requirements that the Central Government may direct in this regard.
The novel nature of the scheme, overhaul of the system, reduced intake, change in the pay, service
and retirement structure along with the stipulations on vaccinations caused a furor across the
country. Protests and demonstrations were held in several parts of the country demanding a roll-
back of the vaccine stipulations, while others demanded a complete roll back of the scheme.
Aspirants were hurrying to get themselves vaccinated or boosted, but were finding it difficult due
to reduced vaccine availability. Some had not even got the first dose of the vaccine. As the last
date of the application came closer and the Government showed no sign of the amending the
scheme or changing the last date of application, violence broke out in some parts of the country.
Pained by the events, Veterans for Vijayanagar, an association of veterans, moved the Supreme
claiming that the vaccine requirements and stipulations of the VijayaVeer scheme were
unconstitutional, praying for the striking down of the same.
The Government of Vijayanagara defended the VijayaVeer scheme, stating it to be a policy matter,
necessary in national interest and that the vaccine requirements and stipulations were reasonable
restrictions on the fundamental rights of citizens.
The matter has been posted for final hearing.