KES’ SHRI JAYANTILAL H.

PATEL LAW COLLEGE

INTRA-COLLEGIATE MOOT COURT COMPETITION, 2023-2024

MOOT PROPOSITION

1. The Union of Aryavartta is the largest democracy in the world. It is a densely populated
nation with a population of over 150 crores. It is a Sovereign, Socialist, Secular,
Democratic Republic with a quasi-federal structure governed by the Written Constitution
of Aryavartta. The Constitution of Aryavartta holds supreme importance on which the
very foundation of this country lies. The Union of Aryavartta was previously under British
Rule and gained independence in 1947. Aryavartta presently constitutes 28 States, having
separate legislative assemblies and 8 union territories. Aryavartta, a developing country,
is an active member of the international community and the United Nations Organization.

2. Jaish and Kaish, located in the northernmost part of Aryavartta, has a rich history dating
back to ancient times. Renowned for its breathtaking natural beauty, including majestic
Himalayan mountains, pristine lakes and lush valleys, Jaish and Kaish have long been
culturally and geographically significant. Its diverse landscape, rich history and unique
blend of cultures makes it a piece of heaven on earth. Historically, it was a princely State
ruled by Maharaja Ravi Singh. When Aryavartta gained independence from British rule
in 1947, Princely States were given the choice to join either Aryavartta or Rakistan.
Maharaja Ravi Singh, the then Ruler of Jaish and Kaish, decided to accede to Aryavartta
in October 1947 subject to signing the “Instrument of Accession”. The Instrument of
Accession contained many conditions such as: -

i. It restricted the Dominion Legislature from authorizing the compulsory acquisition

of land for any purpose.
ii. The Instrument denied commitment in any way or to fetter discretion to enter into an
arrangement with the Government of Aryavartta under any future constitution of
Aryavartta.
iii. It empowered the Sovereignty of the State and specifically mentioned that this
Instrument will not affect the same.

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iv. The Parliament was not permitted to make any laws that were applicable to the State
of Jaish and Kaish except laws on the subject of Defence, External Affairs,
Communications, Elections, Judiciary, etc.

3. The Constitution of Aryavartta was adopted in the year 1950. Article 370 was incorporated
in the Constitution, which granted special autonomous status to the region of Jaish and
Kaish. It allowed the State to have its own constitution, flag, etc. and significant autonomy
over all matters except external affairs, defence, communications, etc. Article 35A was
inserted into the Constitution through a Presidential Order in 1954, that granted special
rights and privileges to the permanent residents of the State of Jaish and Kaish. Article
35A empowered the State government to define its permanent residents and provide them
with certain exclusive rights in matters related to property, government jobs educational
institutions and various other aspects through which several welfare provisions were
accorded to the Permanent residents of Jaish and Kaish.

4. Aggrieved by the special provisions provided to the residents of Jaish and Kaish, citizens
of Aryavartta had been retaliating for many years and they contended that the separate set
of laws for the people of Jaish and Kaish is affecting the sovereignty and integrity of the
nation. There was a sense of civil unrest for a long time in the State of Jaish and Kaish. In
June 2018, Governor’s rule was imposed in the State of Jaish and Kaish due to failure of
state machinery. Following the Lapse of six months of Governor’s Rule, President’s Rule
was imposed in December, 2018, Under Article 356 of the Constitution of Aryavartta.

5. Considering the public appeal at large, in the year 2019, the President of Aryavartta passed
an order stating that all the laws of Aryavartta shall apply to Jaish and Kaish and the move
resulted in the effect of the following changes: -
• The Special rights and privileges granted to the residents of Jaish and Kaish were
abrogated.
• The State of Jaish and Kaish was bifurcated into two Union Territories Jaish and Kaish
and Radakh with new administrative and constitutional arrangements.

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6. Following the abrogation of Article 370 and Article 35A, Jaish and Kaish were fully
integrated into Aryavartta. Forthwith, Aryavarttan laws were uniformly applied across the
region of Jaish and Kaish bringing them in line with the rest of the country. This move
sparked mixed reactions, with some welcoming it as a step towards national integration
and others expressing it as potential social and political implication.

7. One of the aftereffects of the abrogation of the said Articles was that there were
demonstrations and clashes between protesters and security forces which resulted in
curfews imposed by the Central Government in various parts of Jaish and Kaish. These
protests and demonstrations were met with varying levels of security responses, including
the deployment of additional troops and restrictions on movement. Internet and mobile
services were also curtailed and there was a complete shutdown in the region. A fraction
of the population said that the move was undemocratic and that the voices of the people
of Jaish and Kaish should have been taken into account through a democratic process.

8. The sudden abrogation and its procedure invited more than a dozen petitions. The pleas
have been filed by a variety of persons, including lawyers, artists, bureaucrats and
politicians. The petitions alleged that the President’s Order of 2019 abrogating Article 370
and Article 35A is unconstitutional and invalid in the eyes of the law and therefore should
be struck down. Jan Jagrukt, an organization that works for the welfare of the people has
also filed a Public Interest Litigation under Article 32 of the Aryavarttan Constitution
before the Apex Court.

9. The Apex Court clubbed all the petitions with the petition of Jan Jagrukt and the following
issues are now pending before the Hon’ble Supreme Court of Aryavartta, to be decided,
wherein arguments have to be made on the following issues: -

I. Whether the Petition is Maintainable before the Hon’ble Supreme Court of Aryavartta
under Article 32 of the Aryavarttan Constitution?
II. Whether the abrogation of Article 370 is valid with special reference to Articles 14, 19
and 21 of the Aryavarttan Constitution?

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III. Whether the method followed to abrogate Article 370 is violative of Articles 356, 367
and 368 of the Aryavarttan Constitution?
IV. Does The Jaish and Kaish (Reorganisation) Act, 2019 violate Article 3 and Part III of
the Aryavarttan Constitution?

Note: -

All the Laws of Aryavartta are in pari materia to the laws of Union of India.

The geography and demography of Aryavartta are in pari materia to the Union of India.

Disclaimer:

This Moot Problem is purely intended for the Moot Court Competition and educational
purpose amongst law students. The Moot Court Problem is not intended to resemble and
does not attempt to resemble any incident, organization or living or dead person. All
situations in the Moot Court Problem are fictitious and any resemblance to any incident,
organization or person, if any, is not intended but merely coincidental.