4th Annual

NALSAR - Justice Bodh Raj Sawhny

Memorial Moot Court Competition, 2010

October 8-10, 2010

Moot Problem
4th Annual NALSAR - Justice B.R. Sawhny Memorial Moot Court Competition, 2010

1. The 2020 General Elections threw up surprising verdicts all over India. The
Congress (F) which had been in power for most time since the country’s
independence, suffered heavy losses in the South Indian States and was forced to
enter into alliances with regional parties in the South, so as to muster a coalition
government at the Centre. A Cabinet headed by Shri Babul Gandhi was sworn in
and two key portfolios with Cabinet berths, i.e., Ministry of Commerce and
Industry and Ministry of Surface Transport and Shipping, were given to Shri
Lenin Buddi and Shri Marx Buddi, brothers and business magnets from the South.
Both brothers had shot to immediate fame after their party Karnataka Jana Sangha
won 17 Lok Sabha Seats in Karnataka. Both brothers were elected to the Lok
Sabha with overwhelming majorities in 2020.
2. As a result of the fractured verdict and the accommodative coalition politics
employed by the Congress (F), Shri M.M. Jiri, a fierce rival of the Karnataka Jana
Sangha and two times Chief Minister of Karnataka, was nominated as the
Presidential candidate of the ruling coalition and ultimately in 2021 was elected to
the office of the President of India.
3. In 2022 allegations of large scale corruption committed by the Buddi brothers
came into light pursuant to which the Chief Minister of Karnataka, Shri R.S.
Gowda ordered an urgent investigation into the allegations. In August 2022, the
Special Investigation Team of the Karnataka Police submitted its report and sought
prosecution of the Buddi brothers under the Prevention of Corruption Act, 1988
and related provisions of the Indian Penal Code, 1860. Accordingly, sanction was
sought from the President to prosecute them. Meanwhile, the Union Cabinet, in its
marathon meeting dated 21.08.2022, after going through the report of the Special
Investigation Team and all other relevant documents unanimously decided to
recommend to the President that no such sanction be accorded. However, the
President accorded the sanction on 23.08.2022 after consulting eminent lawyers
and Constitutional experts.
4. On 30.08.2022, the Union Cabinet acting on a report submitted by a Special Team
of the Central Bureau of Investigation released a communiqué that the President
was found to have accumulated enormous amount of illegal wealth, stashed away

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 4th Annual NALSAR - Justice B.R. Sawhny Memorial Moot Court Competition, 2010

in the Cayman Islands. Thereafter, led by the ruling coalition, a charge signed by
220 members was preferred and a resolution was moved in the Lok Sabha, after
due notice was given. Consequently, proceedings were initiated in the Rajya Sabha
for due investigation of the charges.
5. The High Court of Delhi meanwhile dismissed writ petitions filed by the Buddi
brothers seeking to quash the sanction accorded by the President as being contrary
to Article 74 of the Constitution and also on the ground no prima facie case was
made out for prosecution. The High Court reasoned that the writ petition was not
maintainable, and dismissed the petition in limine by a non speaking order dated
29.08.2022. On a special leave petition being preferred by the Buddi brothers, the
Supreme Court of India granted leave and by consent order dated 5.09.2022
directed that all issues including the validity of the Presidential sanction would be
agitated before it. It may be noted that the Special Leave Petition No.3333/2022
filed by the Buddi brothers, was converted into Civil Appeal 244/2022. It listed the
above Civil Appeal for final arguments along with Presidential Reference 1/2022
under Article 143 of the Constitution wherein the following question was referred
by the President:
Whether under Article 61 of the Constitution of India, proceedings for
impeachment of the President could be initiated on grounds of
corruption?
6. A special bench consisting of 11 judges of the Supreme Court was constituted to
hear the case in view of the important questions involved. The President and the
Union of India were to be heard separately on all issues, although the Court
expressly reserved the right of all parties to agitate the legality of the same at the
time of final arguments. The appellant lawyers would represent the Buddi brothers
as well as the Union of India and the Respondent lawyers the State and the
President of India, in both the Civil Appeal and the Presidential Reference. The
participants are free to frame issues of their choice.

*This problem has been framed by Mr. Parmeshwar, Advocate of the Delhi High Court.
Participants are forbidden from contacting the author under any circumstances. Any
attempt to do so will result in immediate disqualification.