moot on transformative constitutionalism - 2014...jul 01, 2014 · 1 st kg kannabiran national moot...

1st KG Kannabiran National

Moot on Transformative

Constitutionalism - 2014

August 30-31, 2014

1st KG Kannabiran National Moot on Transformative Constitutionalism- 2014

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INVITATION LETTER

July 1, 2014

To,

The Vice-Chancellor

SUBJECT: INVITATION TO PARTICIPATE IN THE 1st KG KANNABIRAN NATIONAL

MOOT ON TRANSFORMATIVE CONSTITUTIONALISM, 2014

Dear Sir/Madam,

It is our pleasure to invite you to participate in the 1st KG Kannabiran National Moot on

Transformative Constitutionalism, 2014.

The transformative potential of the constitution and its uses as a tool for social transformation

was at the heart of K.G. Kannabiran’s work. Through fifty years in legal practice – in courts of

original jurisdiction and constitutional courts; in criminal courts, civil courts, as a lawyer for

labour rights; as legal counsel for companies and employers; and as an unparalleled civil liberties

advocate who defined the field of civil and political rights in the country in the constitutional era,

K. G. Kannabiran (1929-2010) crafted the field of transformative constitutionalism through his

life and his work.

“[Should] the colonial interpretation of the laws…be followed while interpreting

the Constitution? Did the Constitution imply a break with the past, at least with

reference to the people and the state and its government? Does the

transformation of a person from the status of a ‘subject’ to that of ‘citizen’ mean

anything at all when interpreting the scope of entrenched rights in the

Constitution?” – K.G. Kannabiran.

It is therefore apt to celebrate the work of this indefatigable and tireless fighter through the

medium of the moot court, which we hope will teach students of law to engage with the

constitution as a vehicle of transformation. A vehicle which takes forward the arguments,

strategies and legal reasoning inaugurated so brilliantly by K.G.Kannabiran in diverse sites and


locales. We strive to communicate this as we go along to the people and communities affected by

the absence of a constitutional commitment in their daily surroundings.

The Council for Social Development was set up by another untiring fighter for the Constitution,

the legendary Dr. Durgabai Deshmukh. An active participant in the freedom struggle, she was a

member of the Constituent Assembly, and was single handedly responsible for foregrounding

social development and social work as a necessary component of constitutional justice.

Developing a constitutional practitioner’s toolbox of a different kind, Dr. Durgabai Deshmukh

saw institution building as necessary for creating capabilities and providing support to people

from vulnerable communities, especially women and children.

It is from this rich vantage point that the Council for Social Development is organizing the KG

Kannabiran National Moot on Transformative Constitutionalism with the focus in the first year

on Adivasi Rights. The competition will be held at Council for Social Development, Hyderabad

from August 30-31, 2014. The Law Schools/ Law Faculties/ Law Departments are invited to

register themselves by sending an email to [email protected] by 21st July, 2014 in order to

confirm their participation.

We look forward to welcoming teams from the different law schools in the country to CSD,

Hyderabad in August this year.

Warm regards,

Yours sincerely,

Kalpana Kannabiran Professor and Director Council for Social Development

Hyderabad

mailto:[email protected]


TABLE OF CONTENTS

Moot Problem ................................................................................................................................. 1

Rules Of The Competition .............................................................................................................. 5

Important Dates................................................................................................................................ i

Registration Form ........................................................................................................................... ii

Travel Details Form ....................................................................................................................... iv

Route map to CSD & Henry Martin Institute ................................................................................. v


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MOOT PROBLEM

1. After the General Elections of 2034, the Jai Hind Party came to power at the Centre

in India. The Jai Hind Party had in its manifesto, promised a lean minimal governance

state and privatization of essential services (electricity, transport, water and railways)

nationwide. Immediately after coming into power, the Prime Minister took active

steps to ensure that the aforesaid promises were kept.

2. In July 2034, the new Government re-negotiated India’s commitments under the

WTO regime, and signed comprehensive treaties to ensure that all major

infrastructure projects, with 75% FDI and above, were given fast track clearance

through a new Board (the “FDI Board”) set up for that purpose. The FDI Board,

constituted by the Ministry of Finance, Government of India, consisted of the Prime

Minister, the Finance Minister, the Trade and Commerce Minister, The Minister of

Foreign Affairs, the Minister for Environment and Forests and the Minister for

Agriculture.

3. In August 2034, the FDI Board approved a white paper, wherein it recommended that

the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act,

2006 (the “Forest Rights Act”) be repealed and a scheme for monetary

compensation be provided to stakeholders. The FDI Board opined that the repeal was

necessitated on account of delays that were created in the implementation of

development projects. It further opined that the Forest Rights Act was not an effective

piece of legislation, as it did not reflect any core constitutional rights and as such did

not reflect ground realities either.

4. Based on the white paper, and the Union Cabinet resolution dated September 13,

2034, the Parliament passed the Scheduled Tribes and Other Forest Dwellers

(Recognition of Forest Rights) Repeal Act, 2034 (the “Repeal Act”). Section 3 of the

Repeal Act repeals the Forest Rights Act with effect from September 13, 2034 and

Section 4 states that all proceedings pending under the Forest Rights Act stand


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abated. Section 5 states that all rights accrued under the Forest Rights Act, including

rights to cultivation, gathering, hunting, grazing, collection of forest produce and

compensation stand de-recognized with effect from September 13, 2034.

5. Protests erupted across most areas covered by the Fifth Schedule of the Constitution

of India (the “Constitution”) in response to the Repeal Act. The Chenchus, in the

Nallamalai Hills of Seemandhra and Telangana states protested against the Repeal

Act. On September 24 2034 at the Ramlila Maidan in Delhi, Tokala Chenchu

Lakshmi, an adivasi leader from the Chenchu tribe, in a powerful speech, urged all

adivasis (people belonging to scheduled tribes) to protest against the Repeal Act.

Excerpts of her speech are as follows:

“A government that does not recognize the constitutional and inherent

rights of the indigenous people is no government at all. It does not enjoy

constitutional legitimacy and it does not command any authority. It is the

duty of every citizen to protest against unconstitutional legislation, and we

need only to be inspired by the independence movement against the British

that ultimately gave us freedom in 1947, and we must draw our strength

from the struggles of Jaipal Singh Munda and Komuram Bhim, adivasi

leaders who fought for our freedom from British rule and from oppression

by non tribals in our land. I am calling for a second freedom movement,

against the oppressors, this time a so-called democratically elected

government. We need to overthrow this Government, by peaceful means.

Civil disobedience is the only alternative...let us bring everything to a

standstill. Nothing about us without us.”

6. On September 25, 2034, Chenchu Lakshmi was arrested after sunset by a force of

male police officers, along with 6 other supporters pursuant to First Information

Reports (“FIRs”) lodged by Jai Hind Party workers. After being detained overnight

in the police station, she was remanded to judicial custody and denied bail. She was

charged under section 124-A read with section 120B of the Indian Penal Code, 1860


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(the “IPC”). On production before the Magistrate, Chenchu Lakshmi made a

statement to the effect that she had in fact given the speech (contents as above) and

that she stood by the views expressed in the speech, and that the terms of her arrest

were illegal and violative of the law.

7. Anticipating trouble, the Commissioner of Police, Delhi directed that the police

forces maintain high alert throughout Delhi, but gave clear instructions that peaceful

protesters are not to be targeted until there exists a clear threat of violence. On

September 26, 2034 a group of Adivasi students were leading a peaceful dharna at the

Jantar Mantar. They shouted slogans against the Government and also against the

police for not having given them permission to march to the Parliament. Some

students shouted slogans to the effect that the police personnel were biased against

tribal people, and acted without conscience. Provoked by this, the policemen led by

Sub Inspector Pujari tried to forcibly remove the protesters from Jantar Mantar. A

scuffle followed and some of the students were arrested. On being released,

Ganganna Dora and Madakam Bhima, two of the protesters alleged that SI Pujari

used derogatory language and obscene gestures against the adivasi women protesters,

and threatened to show them ‘what real men could do to them’ The SI, they alleged,

while abusing them, spat on the photographs of adivasi leader Jaipal Singh Munda.

They reported the incident to the Commissioner of Police and sought for institution of

proceedings under the SC and ST Prevention of Atrocities Act, 1989 (the “Atrocities

Act”).

8. On September 27, 2034, the Commissioner of Police made a statement to the press,

informing them that SI Pujari had been suspended with immediate effect and

departmental proceedings would be instituted against him. However, the

Commissioner of Police said that no case was made out under the Atrocities Act as

there was no overt assault and no deliberate remarks or actions were made on the

basis of caste.


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9. The National United Adivasi Sangh filed a writ petition before the Hon’ble Supreme

Court of India (the “Supreme Court”) under Article 32 of the Constitution: (a)

challenging constitutional validity of the Repeal Act; (b) challenging constitutional

validity of section 124 A of the IPC; (c) demanding the immediate release of Tokala

Chenchu Lakshmi and compensation for her illegal detention; (d) additionally, they

sought for a mandamus directing the Government of NCT of Delhi to register an FIR

against SI Pujari under the Atrocities Act.

10. The Supreme Court, issued notice to the Union of India and the Government of the

NCT of Delhi, and posted the matter for hearing on ….

11. The Petitioners will argue for the National United Adivasi Sangh and the

Respondents for the Union of India and the NCT of Delhi.

(This problem has been framed by K Parameshwar, Advocate, Supreme Court of India and

Adarsh G, Advocate, Karnataka. Participants are forbidden from contacting the authors under

any circumstances. Any attempt to do so will result in immediate disqualification.)


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RULES OF THE COMPETITION

1. THEME AND DATE

The problem for the 1st KG Kannabiran National Moot on Transformative

Constitutionalism- 2014 is based on adivasi issues. The Competition will be held from

August 30-31, 2014 at Council for Social Development, Hyderabad.

Ms. Kriti Sharma, Legal Researcher, CSD shall be the National Coordinator of the Moot.

2. LANGUAGE

The Competition shall be conducted in the English language only.

3. ELIGIBILITY

The Competition is open for students pursuing three or five year LL.B. Degree Course

from any recognized Law College/University subject to fulfillment of the registration

formalities. Students pursuing an LL.M. Degree Course are not eligible to participate.

4. TEAM COMPOSITION

4.1 Each team shall consist of a minimum of three members.

4.2 Every team shall consist of a minimum of two speakers and one researcher.

4.3 The researcher shall be allowed to argue instead of a speaker only with the permission of

the Court and the National Coordinator, in case of a medical emergency or other such

contingency.

5. REGISTRATION

5.1 Institutions must register by sending an email to [email protected] by July 21, 2014.

Teams from each participating institution are also required to send a scanned copy of

their duly filled-in Registration Form in the same email.

Each college must ensure that the subject of the mail reads “Registration for the 1st KG

Kannabiran National Moot on Transformative Constitutionalism- 2014.”


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No mail for registration and Registration Form received after the deadline shall be

considered for registration.

5.2 Teams which confirm their participation as per Rule 5.1 will be provided with a Team

Code which will be intimated to them via email.

5.3 Teams will be formally registered upon arrival at the Council for Social Development on

August 29, 2014 in the evening at 4:00 P.M.

Formal Registration requires the submission of the hard copy of a filled- in Registration

Form, the scanned copy of which is required to be sent as per Rule 5.1, and payment of

the registration fee of Rs. five hundred per team in cash. The details provided at formal

registration will be final for the purposes of certification of participation and awards.

6. MEMORIAL EVALUATION AND QUALIFICATION

6.1 The teams must send a soft copy of their memorials for evaluation by 11:59 p.m. on

August 15, 2014 to [email protected]; late submissions beyond the stipulated time

will attract a 2 point penalty per memorial for each 4 hours of delay. No submissions

shall be accepted for evaluation after 11:59 p.m. on August 16, 2014.

6.2 Memorials submitted within the deadline will be evaluated according to Rule 11.

6.3 There shall be a Memorial Selection Round and the teams with the top 24 memorial

scores will be invited to participate in the oral rounds of the Competition. The results of

the Memorial Selection Round will be intimated to the teams by midnight of August 19,

2014.

The teams so invited must confirm their participation by sending an email to

[email protected] by midnight of August 20, 2014. The teams are also requested to

send their filled in Travel Details Form while confirming their participation.

If the confirmation is not received within the stipulated time, the invitation to the team

shall stand cancelled and the invitation will then be extended to the team with the next

highest memorial score by midnight of August 21, 2014.

7. ORAL ROUNDS

7.1 The student counsels shall not state their names during the oral rounds, and must use the

Team Code assigned to the team.


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7.2 There shall be two preliminary rounds, a quarter- final round, a semi-final round and a

final round. If the number of teams participating is less than twelve, there shall be no

quarter final round.

7.3 During the Oral Rounds :

a) Each team will get a total of 30 minutes to present their case. This time will

include the time for rebuttal and sur-rebuttal.

b) The division of time per speaker is left to the discretion of the team subject to a

minimum of 10 minutes per speaker.

c) The oral arguments should be confined to the issues presented in the memorial.

d) The researcher needs to be present with the speakers during all the oral rounds.

e) The researcher is not allowed to pass notes to the speaker during the rounds.

Maximum scores for the oral rounds shall be 100 points per speaker.

f) The oral rounds shall be judged on the following criteria :

Knowledge of Law : 20 Points

Application of Law to Facts : 20 Points

Ingenuity and Ability to Answer Questions : 20 Points

Style, Poise, Courtesy and Demeanor : 20 Points

Time Management : 10 Points

Organization : 10 Points

8. PRELIMINARY ROUNDS & QUARTER-FINAL ROUNDS

8.1 Lots will be drawn during the Orientation on August 29, 2014 in the evening. This will

be done after the Formal Registration. The exchange of memorials will take place the

same evening.

8.2 There will be two preliminary rounds of arguments per team.

8.3 No two teams shall face each other more than once in the preliminary rounds.

8.4 All efforts will be made to ensure that no team faces the same bench more than once.

8.5 Preliminary rounds will be held on August 30, 2014 starting at 9:00 a.m.

8.6 The top 8 teams which have the highest aggregate Memorial Scores and Preliminary

Rounds’ Scores shall qualify for the Quarter-final Rounds.


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8.7 Quarter- final rounds will be held after preliminary rounds on August 30, 2014 and will

be knock out rounds. Memorial scores will not be added to the overall scores in any of

these Rounds.

9. SEMI-FINAL & FINAL ROUNDS

9.1 The semifinal and final rounds will take place on August 31, 2014.

9.2 The semifinal rounds will be knock out rounds.

9.3 Memorial scores will not be added to the overall scores in either semi-final or final

Rounds.

10. RESULTS

10.1 The results will be announced thirty minutes after each round.

10.2 The results of the final round shall be announced at the valedictory ceremony.

11. MEMORIALS

The following guidelines must be strictly followed for the memorials. Non-compliance will

entail penalties as provided below:

11.1 Teams have to prepare memorials for both the sides.

11.2 All soft copies must be emailed in Microsoft Office Word 2003/2007 format only. Any

other file extensions will entail a penalty of 5 points.

Attachments should be titled as <Team code><A> for Appellant side and as <Team

code><R> for Respondent side. e.g. 30A and 30R. The soft copies of the memorials

must be emailed to [email protected]

Each team must ensure that the subject of the mail reads “Memorial Submission by

Team Code ____ for 1st KG Kannabiran National Moot on Transformative

Constitutionalism- 2014”.

11.3 The teams are required to submit 4 hard copies of the memorial for each side during

the registration on August 29, 2014. Non-compliance will entail a penalty of 5 points

per copy not submitted.


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11.4 Teams must not disclose the identity of their College/University anywhere in the

Memorial. The team code assigned to each team shall be mentioned at the top right

corner of the cover page of the memorial.

11.5 While the e-mail along with which the soft copies are sent (see Rule 6.1. above) can

identify the institution’s name, the soft copies themselves cannot bear any such

identification. Non-compliance with this rule will entail penalties which may extend to

disqualification.

11.6 The content of the hard copies must be the same as that of the soft copy. Non-

compliance with this rule will entail penalties which may extend to disqualification.

11.7 The memorials have to be submitted on A4 size paper, printed on only one side, and

must contain the following sections :

i. Cover Page;

ii. Table of Contents;

iii. Index of Authorities;

iv. Statement of Jurisdiction;

v. Statement of Facts;

vi. Statement of Issues;

vii. Summary of Arguments;

viii. Arguments Advanced; and

ix. Prayer.

Non-compliance of the Rule with respect to Sections (i)-(vii) as well as the Prayer

will result in a penalty of 1 point per missing section. Non-compliance of the Rule

with respect to Section (viii) will result in the Memorial not being considered for

evaluation at all.

11.8 The memorials must be printed in Times New Roman font style, font size 12 with

double spacing. The footnotes must be in Time New Roman font, font s ize 10 with

1.5 spacing. Non-compliance will result in a penalty of 0.25 per violation subject to a

cap of 5 points per page.

11.9 The Arguments Advanced should not exceed 15 pages. Non-compliance will result in

a penalty of 1 point per additional page.


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11.10 The memorial as a whole should not exceed 30 pages including the cover page. Non-

compliance will result in a penalty of 3 points per additional page.

11.11 The memorials should have a margin measuring one inch on all sides of each page.

Non-compliance will result in a penalty of 0.25 point per page detected.

11.12 The numbering should be on the bottom and centre of each page. Non-compliance will

result in a penalty of 0.25 point per page detected.

11.13 The petitioner’s memorial cover page shall be printed on blue colour A4 size paper,

and the respondent’s memorial on red colour A4 size paper. Non-compliance will

result in a penalty of 2 points per side.

11.14 A Uniform Style of Citation should be followed in the memorial throughout. Speaking

footnotes are not allowed. Non-compliance will result in a penalty of 1 point per

page.

11.15 The total penalty will be subject to an overall cap of 15 points.

11.16 The maximum scores for the memorials shall be 100 points. The memorials shall be

evaluated on the following criteria :

Knowledge of Law and Facts : 25 Points

Proper and Articulate Analysis : 25 Points

Extent and Use of Research : 20 Points

Clarity and Organization : 20 Points

Grammar and Style : 10 Points

11.17 Memorial Scores shall be added to the Oral Scores only in the Preliminary Rounds.

12. RES EARCHER TEST

A Researcher Test shall also be conducted for adjudicating the “Best Researcher” on

August 30, 2014 after the quarter-final rounds. The speakers shall not be eligible to

participate in the Researcher Test, unless there are exceptional circumstances.

13. SCOUTING

No member of any team will be permitted to hear the arguments in any court room in

which that team is not one of the contesting teams whilst that team is still in the

competition. Scouting by any team in any manner shall result in instant disqualification.


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14. AWARDS

14.1 Dr. Durgabai Deshmukh Award for Winning Team: The Winning Team will

receive a trophy and a cash prize of Rs. 15,000/-

14.2 Dr. C.D. Deshmukh Award for Runner-Up Team: The Runner-Up team will receive

a trophy and a cash prize of Rs. 10,000/-

14.3 Komuram Bhim Award for Best Memorial: The team with the Best Memorial will


14.4 Marang Gomke Jaipal Singh Munda Award for Best Speaker: The Best Speaker

will receive a trophy and a cash prize of Rs. 5,000/-

14.5 Dakshayani Velayudhan Award for Best Researcher: The Best Researcher will


14.6 Certificates will be provided to the team with the Second Best Memorial, Second Best

Speaker and Second Best Researcher. In addition to the above, a Certificate of

Participation will be awarded to all the participants.

14.7 Top eight teams will be selected for Adivasi Rights and Advocacy Workshop, to be

conducted at Council for Social Development, Hyderabad by eminent lawyers and

academicians from across the country working on various Adivasi issues.

15. DECISION OF THE JUDGES SHALL BE FINAL

The decision of the judges with regard to the outcome of the rounds shall be final.

16. ACCOMMODATION, FOOD AND TRANSPORT

Accommodation and food shall be provided to all the teams by Council for Social

Development from August 29, 2014 until September 1, 2014. Transport arrangements

will be made in accordance with the schedule. If teams wish to travel back and forth they

will be required to arrange transportation to and from their venue on their own.

The 24 teams selected for participation in the oral rounds will be entitled to the

reimbursement of round trip 3 AC Train Fare (ordinary) from their colleges to

Hyderabad. All members of the team must produce original tickets to claim

reimbursement.

The claim can be made on August 29, 2014 at the time of Registration.


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17. CLARIFICATIONS REGARDING THE MOOT PROBLEM

All queries relating to clarifications regarding the Moot Problem should be sent to

[email protected] by July 21, 2014. A full list of clarifications shall, if need be, sent

to all teams via email by July 26, 2014.

18. CONTACT

In case of any queries or clarifications regarding the competition fee l free to drop a mail

at [email protected] or contact the following:

Kriti Sharma: +91 7702938777

Anjali Rawat: +91 8106045743


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IMPORTANT DATES

PARTICULAR DATE

Deadline for Registration July 21, 2014

Deadline to send queries relating to

Clarifications

July 21, 2014

Release of Clarifications July 26, 2014

Deadline for Submission of Soft Copy of

Memorials

August 15, 2014

Declaration of Results Notifying Top 24

Teams

August 19, 2014

Deadline for Submission of Duly Filled- in

Travel Details Form

Along with confirmation of participation in the

oral rounds


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REGISTRATION FORM

Date : ___________

Name of the Institution : _______________________________________________________

Address : ___________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

TEAM DETAILS :

1. Speaker 1 : _________________________________________________________________

Gender : _____________________________________________________________________

E-Mail Address : ______________________________________________________________

Contact Number : ______________________________________________________________

2. Speaker 2 : _________________________________________________________________

Gender : _____________________________________________________________________

E-Mail Address : ______________________________________________________________

Contact Number : ______________________________________________________________

3. Researcher : _________________________________________________________________

Gender : ______________________________________________________________________

E-Mail Address : _______________________________________________________________


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Contact Number : _______________________________________________________________

Signature of the Head of the Institution Seal of the Institution

[Please mail the scanned copy of the duly filled- in Registration Form to [email protected]

latest by July 21, 2014.]


iv

TRAVEL DETAILS FORM

Name of College/University : _________________________________________________

Name of Participant

(With contact

number)

Date & Time

of Arrival

Mode of Arrival &

Name of Airport/

Station

Date & Time of

Departure

Mode of Departure

& Name of Airport/

Station

Any additional information : _________________________________________________

________________________________________________________________________

Note : The teams invited to participate in the oral rounds and coming for the same are requested

to send this via e-mail to [email protected] along with the confirmation e-mail.


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ROUTE MAP TO CSD & HENRY MARTIN INSTITUTE

Nampally Rly. Station

Afzalgunj

Rajiv Gandhi International Airport

Aram Garh X Roads Dairy Farm

NIRD Arch

A N G Agriculture University

Bahadurpura X Rds

CSD

NIRD

Imlibun Bus Stand

Henry Martin Inst.

Sec,bad Rly. Station

Ravindra Bharathi

Hotel Golkonda

Medhipatnam


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Route from Hyderabad Airport to Henry Martin Institute

Ask the cab driver to drive down to Aramgarh junction. Drive towards SVP National Police

Academy. The Henry Martyn institute will fall in the left side before the Academy. (18 Kms)

Route from Hyderabad Central Bus Stand (Imlibun) to Henry Martin Institute

Bus Route Nos 95R, 95K, 95M from Central Bus stand will take you to National Police

Academy. The Henry Martyn institute will fall on the right side after the Academy. (9 Kms)

Route from Hyderabad Railway Station (Nampally) to Henry Martin Institute

Bus Route Nos 95R, 95K, 95M from Afzalgunj will take you to National Police Academy. The

Henry Martyn institute will fall on the right side after the Academy. (Some 1Z buses will travel

directly to NPA, do enquire with conductor) (12 Kms)

Route from Secunderabad Railway Station to Henry Martin Institute

Catch a bus 1 or 1Z to Afzalgunj. Change to Bus Route Nos 95R, 95K, 95M from Afzalgunj

which will take you to National Police Academy. The Henry Martyn institute will fall on the

right side after the Academy. (Some 1Z buses will travel directly to NPA, do enquire with

conductor) (18 Kms)

Henry Martyn Institute:

International Centre for Research, Interfaith Relations and Reconciliation

6-3-128/1, beside National Police Academy

Shivarampally Hyderabad- 500052, India

Phone: +914020024231 24014258

www.hmiindia.org

http://www.hmiindia.org/

moot on transformative constitutionalism - 2014...jul 01, 2014 · 1 st kg kannabiran national moot...

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