Intra University Moot Court Competition, 2017 & Moot-Court and Trial Advocacy Course

Moot Proposition
Background:
The Republic of Dayabad is a large developing country in the southern hemisphere, which had been a
colony of the State of Nayaland for a period of over two centuries until its independence in 1947. The
freedom movement in Dayabad, often called its national movement, was organized principally under the
aegis of a large political organization called the Dayabad Congress (the Congress), which had adopted a
constitutionalist and non-violent strategy for agitation. While the Congress dominated this mainstream of
the national movement, and its members represented the wide regional and religious diversity of Dayabad,
other smaller organizations, including right-wing religious groups and left-wing revolutionaries, were
active during the last days of the colonial period. At independence thus, the political scene was dominated
by the Congress, but other political groups were discernibly present.
Upon independence, Dayabad became a constitutional democracy with a federal structure. The provisions
of the Dayabad constitution and all other legislation, as they stand today, are pari materia with that of India.
Except as otherwise stated below, amendments to the Dayabad constitution occurred at the same time as
they did in India. Till about 1980s, while numerous political groupings based on religious, regional and
caste affiliations, or on left-wing ideology had organized into political parties contesting elections, the
Congress (which continued post-independence as a political party) won all elections to the Parliament by
clear majorities. In the various federal units (states), regional parties began to emerge as winners in
elections more consistently as the end of the 20th century grew near. Often these victories were not big
enough to command clear majority in the state legislatures and governments formed by the coalition of
political parties became the order of the day. Coalition governments also witnessed during their tenure,
several defections by members of political parties, causing governments to fall, and triggering often, the
application of defection disqualifications under the X Schedule of the constitution.
By the turn of the 21st century, the Congress had lost its stranglehold on national politics. In the years
between 1992 and 2006, the Congress was at the head of only three out of seven national governments that
had been formed in this time. Among its key challengers at the national level was the leading party of the
political Right, the Dayabadi Jana Sangha (DJS), dominated by members of the majority religious
community. In 2006, in the wake of an economic downturn, the DJS was able to drum up considerable
support for its religious-nationalist campaign and swept the national elections. It repeated this success in
2011, and by 2013, it had wrested power (through alliances) in most states as well. By the end of 2016, this
support however withered away, prompted in some measure, by the fall from grace of its prominent leaders.
In the elections held in January 2017, the Congress regained power at the Centre with an absolute majority.
Along with its allies, it controlled more than 3/4th of the seats in the House of Representatives. At this time,
the Congress formed a part of the government in only two states, including in the large and densely
populated Xuhar.
The last set of elections in Xuhar had been held in 2015. In 2015, two regional parties, the Dayabadi
Rashtriya Party, led by Ms. Lestranger (DRP) and the Janta Gantantrikmanch United (JGU) formed a
pre-poll alliance, with the Congress to present a united opposition to the DJS. The alliance called itself the
Grand Gatbandhan and contested the elections by fielding only one candidate chosen among alliance
partners for each constituency. The Grand Gatbandhan campaigned on a socialist-secular agenda, as
opposed to the visibly communal rhetoric of the DJS, and was returned to power by a 2/3 majority. Of the
300 seats in the Xuhar assembly, the Gatbandhan controlled 200, the internal division being as follows:
DRP 80; JGU: 60; Congress: 40. Of the remaining seats, DJS controlled 60, while 40 belonged
independent candidates or smaller parties. Mr. Hari Puttar, the party president of JGU was nominated to
act as Chief Minister. Ms. Geanie Beesli, another JGU member, was nominated to act as Speaker for the
House. It is also important to note that at this time, the governor of Xuhar was Mr. Xeno Phobius, who had
earlier been a key member of the DJS.
The Constitution Amendment:
Immediately following its victory in 2017, the Congress government at the Centre was able to push through
a significant constitutional amendment. The Constitution (One Hundred Second Amendment) Act, 2017
inserted into paragraph 1 of the X Schedule to the constitution, a sub-clause (e), which reads as follows:
(e) For the purpose of paragraph 2(1)(a), the term political party shall be deemed to include any pre-
poll alliance of political parties based upon which votes have been sought in any election.
Monetary regulation:
On 2 April 2017, a notification was issued by the Reserve Bank of Dayabad, following consultations with
the Ministry of Finance, in terms whereof, on and from 3 April 2017, currency notes of 500 and 1000
Dayabadi Dollars (DD) ceased to become legal tender. The notification was issued with a view to
checking rampant counterfeiting and tax evasion through cash transactions. The effects of this sudden
change in monetary policy was devastating for several sectors of the economy, particularly cash intensive
agricultural and medium-small enterprise sectors. Serious concerns were raised by economists from across
the world over the wisdom of this move. Despite a clear upheaval, the move was enforced by the central
government.
The Grand Split:
Political parties from across the spectrum openly criticized the currency regulation of April 2017, and
suggested that the Congress had misused its overarching majority at the centre to enforce a policy that was
clearly to the detriment of the majority of the population, and particularly disastrous for the economically
weaker sections of society. The JGU, which has its electoral support base in agrarian communities,
vociferously opposed the measure, and Mr. Puttar, in protest, resigned as Chief Minister of the Xuhar
government on 2 June 2017. Curiously, on 3 June 2017, Mr. Puttar staked claim before the governor to
form government in Xuhar, showing support of all JGU members, all DJS members and 34 independent
members of the legislative assembly. The governor invited Mr. Puttar to form government and he was
sworn in as chief minister on 4 June 2017. Shocked by the swiftness of these changes, the Congress and
DRP cried foul and claimed that a political coup had taken place in Xuhar. In accordance with the Rules of
Procedure for the Xuhar Assembly, members of DRP and Congress filed a petition before the Speaker, Ms.
Beesli to disqualify all JGU members on the ground of defection. After a short hearing on the matter, the
petition was dismissed. Members of the DRP and Congress staged a walkout and thereafter, filed a petition
seeking disqualification of all JGU members of the Xuhar assembly before the High Court of Xuhar, which
was registered as Petition 101/2017. The petition also challenged the decision of the Governor, Mr. Phobius,
to invite Mr. Puttar to form the government on 3 June 2017, given that JGU was not the single largest party
in the Xuhar assembly.
Petition 101/2017:
Petition 101/2017 was listed for hearing before a bench of three judges of the High Court of Xuhar, headed
by its Chief Justice, Ms. Hermyn Gringer. Among the respondents, the members of the legislative assembly
from JGU presented a joint defence, suggesting that the 102nd Amendment was invalid, and in any event,
Mr. Puttar was properly invited to form the government. On the first date of hearing, the court issued an
order calling upon the Speaker of the House, Ms. Beesli to file a detailed affidavit explaining her reasons
for dismissing the petition for defection, and to be present in person in the Court premises on the next date
of hearing.
Breach of Privilege:
Ms. Beesli, upon receipt of the order issued by the High Court, issued in turn, a notice to the Registrar
General of the High Court, calling upon the Chief Justice to present herself before the Xuhar Assembly to
explain why proceedings for breach of privilege of the House should not be commenced against her. On
receiving this notice, the Registrar General transmitted it to the Chief Justice, who issued, in her chambers
an order quashing the notice issued by the Speaker.
Sensing a constitutional crisis in the State of Xuhar, the Attorney General mentioned the matter before the
Supreme Court of Dayabad, which exercising its powers, agreed to transfer all proceedings in relation to
Petition 101/2017 and the question of breach of privilege to itself. The two matters, for purpose of
designating sides, have been listed as Ms. Lestranger & Ors. v. Mr. Hari Puttar & Ors. and The Honble
Speaker, Xuhar Assembly v. The Registrar-General, High Court of Xuhar & Ors.
Counsels with Side A shall represent Mr. Hari Puttar (and other JGU members) in the first case, and the
Honble Speaker in the second. Counsels for Side B shall represent Ms. Lestranger and others, and the
Registrar General/Chief Justice of the High Court of Xuhar.