13th NALSAR B.R.

Sawhny Memorial Moot Court

Competition, 2020

CLARIFICATIONS SOUGHT CLARIFICATION

1. Whether both the preliminary issues are to be dealt No clarification needed
consecutively at the initiation of arguments? Ex: Can
speaker 1 argue issues ‘a’,‘c’ & ‘d’ and thereafter
speaker 2 argues issues ‘b’ and ‘e’?
Or
Is it necessary to deal with preliminaries before merits
during oral submissions and written submissions?

2. Does ‘Along with’ in para 11, means clubbing of PIL No clarification needed
challenging Article 21B & PIL challenging Citizenship
Amendment Act, 2019?
3. Whether the 11-judge bench constituted in para 14 No
includes judges of the constitution bench constituted in
para 12 and/or referring bench constituted in para 10?
4. Whether PIL for capping of lawyers’ fees includes No clarification needed
capping of fees of all the lawyers’ or only of Senior
Counsels?
5. In Para 2 of proposition- the “landmark judgement given Yes
by judges of the Supreme” is the same judgement that
was passed by the Indian Supreme Court?

6. Can we use the research data and studies in Para 4 for the No clarification needed
purpose of oral and written argumentation?

7. In para 6 of the proposition, “as per rules….”- do the Yes

rules refer to Supreme Court Rules 2013?
Or
Whether circulars released by Supreme Court of India to
regulate its procedure can be relied upon in arguments? Yes

8. In para 13 of proposition, should the phrase “atleast five No clarification needed

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 13th NALSAR B.R. Sawhny Memorial Moot Court
Competition, 2020
judges” be replaced with “atleast five senior-most
judges” as referred to in point b of the preliminaries?

9. In Para 13 of proposition, are the three puisne judges in No clarification needed

press conference same as that in the referring bench
given in Para 10 of the proposition?

10. Please elaborate what is- to devise a “litigation No clarification needed

strategy”- given as point b of nota bene in the
proposition.

11. -Whether Mayeechin came into existence in the same No clarification needed
way as Pakistan and the erstwhile East Pakistan?

12. -What is the demography of the Mayeechin population in No clarification needed

terms of religion?
13. Is the petition of Krishna neel verma against the validity No clarification needed
of CAA is maintainable despite being defective?

14. What is the present position of the Supreme Court of No clarification needed
Mayacheen regarding Mentioning?

15. What does the proposition mean by “lack of consistency No clarification needed
in the manner of dispensation of justice”?

16. Are all the three functions viz. roster, listing and No clarification needed
assignment performed by the Chief Justice alone?

17. Under which Rule the present 11 judge bench has been No clarification needed
constituted?

18. Are fundamental rights guaranteed by the Mayeechin No clarification needed

Constitution absolute in nature? If not, what are the
“reasonable restrictions” that could be imposed on these
rights?

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 13th NALSAR B.R. Sawhny Memorial Moot Court
Competition, 2020
19. What is the manner in which the CJI forms the Roster? Is No clarification needed
there any specific set of guidelines that the Chief Justice
follows in accomplishing the said task?

20. Is the principle of Primus inter pares applicable to only No clarification needed
judicial functions, or does it extend to administrative
functions as well?

21. Is the contention regarding Article 21B limited to the No clarification needed
word “everyone’ as is raised in proposition (raised in
Para 9)?

22. Whether the latest developments after 18th December No clarification needed
2019 in India are applicable to the moot problem?
23. Please clarify the point‘d’ of Note Bene’? No clarification needed
24. With respect to para 6 “Mentioning a matter before the No clarification needed
Chief Justice means an oral hearing, which takes place
before the first court presided by the Chief Justice….”
Does this mean that the bench constitutes only the Chief
Justice or can any other judge of SC be the part of the
mentioning bench (which in turn is presided by the Chief
Justice)?
25. Whether the rules and regulations of Bar Council of No clarification needed
India and Supreme Court of Bar Association is same as
Confederation of the Bar (COB) and Bar Association of
the Supreme Court of Mayeechin (BASCOM)
respectively mentioned in the para 5 of the Moot
Proposition?
26. What is the ambit of word “Punishing” in the last line of No clarification needed
the second para of the moot proposition i.e. whether it is
statutory punishment or non-statutory punishment?

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