1.

In Paragraph 4, line 1 of the moot problem, it is indicated that the lower house passed
the amendment. Was the amendment passed by the Upper House as well?
Yes
2. Is the 99th Amendment Act mentioned in the last part of the problem (listed under the
first issue) the same as the NJAC Constitutional Amendment referred to in Para 4,
Lines 1-5 of the problem? (on page 2)
Yes
3. Was the Amendment ratified by States?
Yes
4. The judicial decisions of Syldavia are mentioned to be uncannily similar to those of
India. In that scenario, even though Supreme Court of India cases only have
persuasive value, can the eleven-judge bench constituted overrule a decision of the
Supreme Court of India made by a thirteen-judge bench (since possibly such a judicial
decision will have been made in Syldavia as well)?
Yes
5. In Para 2, line 8 of the 2nd year class problem, in place of 'Supreme court of India
with the Chief Justice of India at its helm' is it supposed to be 'Supreme Court of
Syldavia with the Chief Justice of Syldavia'? Thanks and sorry for any inconvenience.
Yes
6. Is the 99th amendment referred to in issue 1 the same in verbatim as the 99th
amendment to the Indian Constitution?
Yes
7. The sections referred to in issue 2, do they refer to the Indian NJAC legislation? If
not, could we be provided with the same?
Yes, they do refer to the Indian NJAC legislation.
8. Are all the articles of the Syldavian constitution the same as the Indian constitution
(particularly in numbering)?
Yes
9. Who chooses the "2 eminent persons" on the panel of the NJAC? Are the "2
eminent" persons to be appointed from a pool of candidates belonging to the existing
legislature, judiciary or executive? Are there any qualifications listed for these
individuals? If so, what are they?
No clarification required as both the Act and the Amendment are in pari materia with
the Indian legilsations in this regard.
10. (i) "Is the NJAC Act ultra vires Art. 124A, Art. 124B"
(ii) "Art. 124C as being behind the legislative competence of the Parl.?" Are these
separate issues?
or
(i) "Is the NJAC Act ultra vires Art. 124A"
(ii) "Art. 124B and Art. 124C as being behind the legislative competence of the
Parl.?"

Are these separate issues?

Irrespective of (2), is the NJAC Act ultra vires Article 124A and Article 124B, and
beyond the legislative competence of Parliament by virtue of Article 124C?
Hope this clarifies.
11. Is the composition of the NJAC as per the Indian NJAC legislation or as per para 5 of
the problem?
Yes
12. Are the laws of Syldavia in pari materia with the laws of India? The problem only
says that they're uncannily similar
Yes, they are in pari materia.
13. Is the mention of Supreme Court of India and CJI in para 2 line 8 a typographical
error?
Yes
14. The second issue raised asks whether the NJAC Act can violate basic structure. Does
this question mean, in other words, whether or not the NJAC Act is violative of the
basic structure, or whether it can first violate it and then be struck down?
No clarification required.
15. While the decisions of Indian courts have only persuasive value, are the Constitution
of India (in its entirety), the 99 th Constitutional (Amendment) Act and the NJAC Act
binding on Syldavia?
Yes
16. Is the amendment procedure in Syldavia the same as that in India? If yes, has the
constitutional amendment been ratified by State legislatures?
Yes, to both the questions.
17. When did the Amendment receive Presidential assent, before or after the NJAC Act
was introduced in the Parliament?
After.
18. Can we also refer to Law Commission reports and national commission reports of
India?
Yes

19. In Para 4, line 5 of the Factsheet, "the amendment received the assent of the
President". Was this assent received on 31st Dec 2014 itself or at a later date?
Later date.
20. If the Presidential assent has been received at a later date, what is the time reference
of "at around the same time" (mentioned in Para 4, line 7)?
No clarification required.
21. Was the NJAC Amendment act passed before the NJAC act or was the NJAC Act
passed before NJAC amendment Act? In any case, what was the intervening period?
Both were passed at around the same time.
22. Does similar laws, social milieu and judicial decisions imply that Constituent
Assembly of India Debates are in pari materia with Constituent Assembly of Syldavia
Debates?
Yes
23. Can we raise preliminary objections with respect to jurisdiction, etc.?
No clarification required.
24. Is the NJAC Constitutional Amendment the 99th Constitutional Amendment?
Para 2, Line 8 says "India". Typo, right?
It is the 99th Constitutional Amendment.
25. Are we to assume that the NJAC Bill, before it became an Act, has been ratified by at
least half of the states as required under Article 368?
Yes
26. Has the Act been notified after it got President's assent?
No clarification required.
27. While challenging NJAC Act, do we need to specifically target Sections 5(2) and 6(6)
or can we argue based upon other Sections as well?
Yes, you need to specifically target the sections mentioned in the problem.
28. Small doubt. Do the citations have to stick to a recognized style like the NLS style?
Or is it sufficient that they are uniform?
Uniformity is sufficient. No particular style has to be followed.
29. Is the 10 page limit from Summary of Arguments to Prayer? Or from Arguments
Advanced to Prayer? (As in could you please specify what the page limit includes)
Arguments Advanced to Prayer.
It includes both Arguments advanced and prayer.
30. Can it be said that the laws of Syldavia are in pari materia with those of India?
Yes
31. In case the NJAC Act does not violate the basic structure, do we still have to show
that proviso to section 5(2) and section 6(6) of the act do not violate the basic

structure? Or Can we say that the issue is reduced to arguing the constitutional
validity of Section 5(2) and 6(6)?
Clarification not required.
32. Are laws of Syldavia in para materia with the laws of India?
Yes
33. Line 13,14 and 15 of Paragraph 2 - Talk about the chief justices of India and SC of
India. Is it supposed to mean the SC and CJ of Republic of Syldavia?
Yes