The Annual Oxford University India Moot Court Competition on Constitutional Law 2013-14

Clarifications to the Moot Problem

Clarifications to the Moot Problem

Introductory Note:

All requests for clarifications received until the extended deadlines are included below. Clarifications have been provided only to questions related to the moot problem. All other questions, i.e. all questions unrelated to the moot problem have been answered via individual emails to the teams, where necessary. Corrections to the Moot Problem - None Clarifications to the Moot Problem: 1. Has the Higher Judiciary Act been included in the Ninth Schedule? Answer: No. 2. Is maintainability of the petition an issue? If yes, what are the relevant laws relating to maintainability, procedure and appeal of the Moot Court? Answer: No. 3. Can new grounds be included in the Appeal to the Moot Court other than those argued (in Para 4 and 5 of the Moot Prop) before the Hon'ble Supreme Court? Answer: Please read the moot problem carefully. 4. Can the 24th Amendment be challenged before the Moot Court? Answer: Please exercise your discretion for drafting the Memorials and preparing Oral Arguments. 5. Will the appointment of the two eminent citizens be decided by majority or consensus within the collegium of PM, Leader of Opposition and CJI? Answer: The Act does not address this question. 6. Who appoints the representative of the legal community in the Judicial Appointments Panel? Answer: The Act does not address this question. 7. Are the recommendations of the Panel binding on the President / Governor? If yes, to what extent? Answer: Yes, the recommendations are binding, subject to all the other provisions of law. 8. Can it be assumed that the appointment under Panel is a close-door affair not available for public scrutiny? Answer: The question is not clear.
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~ The Annual Oxford University India Moot Court Competition on Constitutional Law 2013-14 ~

Clarifications to the Moot Problem

9. Do the provisions relating to the appellate jurisdiction of the Supreme Court also apply to the Hon'ble Moot Court (since it is a fictitious body)? If not, then how does it derive its power to hear appeals from the Supreme Court? Answer: Please refer to the moot problem. 10. With respect to Paragraph 3 of the Moot Problem, the words "such modifications shall be without prejudice to the validity of anything previously done under that rule or regulation." Are there any regulations or rules presently in existence for the procedure of appointment of judges as mentioned in the Higher Judiciary Act? If they exist, then what are they? And why do they not find a mention in the 150th Amendment Act? Answer: Please refer to the moot problem. 11. With respect to Paragraph 10 of the Annexure of the Moot Problem, the words" the panel may by notification in the official gazette, make regulations consistent with this act." Whether as per the Act, any regulation made by the Panel can come into force, without notification in the official gazette? Answer: The relevant provisions of the Indian law apply. 12. What will be the Quorum of the Hon'ble Moot Court during the Oral Rounds? Answer: This question does not relate to further factual information. 13. Has the 150th Amendment Act complied with all procedures which are required for the passing of a special amendment bill? Answer: As mentioned in the Moot Problem, both the Acts have been duly passed. 14. The court in question, i.e. "moot court" is a fictional court. Do we need to add a Statement of Jurisdiction in the Memorials? Answer: Please refer to the Rules of the Competition (Hint: Article V) 15. Whether the Amendment Act needs to also be passed by the majority of State Legislatures or not? Answer: Both the Acts have been duly passed. 16. The 4th member in appointment panel is "the representative of legal profession". Who will be selecting that person? Does that person belong to the Judiciary or the Executive? Answer: The Act does not address this question. 17. Since this is an appeal from the petition of Supreme Court, now at the moot court level (There is no such provision available even in the constitution) and locus standi is not in question. For writing the memorial what should I do? Should I write "In the Hon'ble oxford moot court"? Answer: Please exercise your discretion for drafting the Memorials.
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~ The Annual Oxford University India Moot Court Competition on Constitutional Law 2013-14 ~

Clarifications to the Moot Problem

18. Paragraph 3 on Page 1, and Point 11 of the Higher Judiciary Act, 2013, Paragraph 3 on page 1 states that The Act further prescribes that the Panel shall done under that rule or regulation. Point 11 of the Higher Judiciary Act, 2013 states that Every rule and regulation as the case may be . Will all the regulations, that would have been formed by the Judicial Appointments Committee till date, be laid before the Houses of Parliament, or, only a new/ modified regulation, which is framed while the Houses of Parliament are is session, be laid before them. Answer: Every rule and regulation made under this Act, as soon as may be after it is made, shall be laid before each House of the Parliament. 19. Paragraph 5 Page no. 2 state that the Union of India argued that the basic structure doctrine as outlined by the court in its prior judgment rests on a mistaken interpretation of the constitution and should be overruled, and prayed that the supreme court depart from its previous decisions insofar they are inconsistent with this conclusion. What does the word "this" refer to in the last line? Answer: Please read the problem carefully. 20. The notes given in the fact sheet (after para 8) states that "Locus Standi of the Petitioner is not under challenge ". Should it not be "Appellant" instead of "Petitioner"? Answer: The contents of the Moot Problem are correct and reiterated. 21. Do we need to quote the relevant portions of the judgement in the Compendium only in view of the page limit of 300 provided in the Rules? Answer: Please exercise your discretion for drafting the Memorials. 22. Will the questions in researchers test be confined to the legal issues pertaining to the Moot Court Problem? Answer: The Researchers test will include questions related to the general themes , law and judgments covered in the Moot Problem. Please refer to the Rules of the Competition for further information. 23. Whether the grounds can be altered while moving for an appeal from Supreme Court to the Moot Court? Answer: Please read the moot problem carefully. 24. Whether an opinion or a lone dissenting opinion is an Obiter Dicta? Answer: This question does not relate to further factual information. 25. Is the Higher Judiciary Act and its provisions specifically under challenge, or, only the amendment is under challenge and it is simply prayed that the Act be struck down as consequential relief without its specific provisions being attacked? Answer: Please read the moot problem carefully.

WWW.OXFORDMOOT.IN

~ The Annual Oxford University India Moot Court Competition on Constitutional Law 2013-14 ~

Clarifications to the Moot Problem

26. Does the fact that the Keshavanda Bharti ratio accepted the validity of the 24th amendment have a bearing on the power of the Moot Court to strike it down as invalid Answer: As mentioned in the Moot Problem, the Moot Court can depart from precedents of the Supreme Court of India where it would be lawful for the Supreme Court itself to do so. 27. Are we allowed to deviate from the arguments placed in our memorandum from either the side of the appellant or respondents? Answer: Please read the moot problem carefully.

WWW.OXFORDMOOT.IN

~ The Annual Oxford University India Moot Court Competition on Constitutional Law 2013-14 ~