Saturday 12 July 2014

Freshers Moot Court Competition, 2014.
Indus is a prominent developing country in South Asia with a population of over 2 billion with its religions, cultures, laws and constitution similar to India. Mahadweep is one of the most important states in Indus, also having the financial capital of the country, Trombay. In recent times, Mahadweep has become world renowned for its educational quality as also for its tolerance to people from all religions and cultures.
In 2009, Indus headed for elections and the National Tolerance Party, (NTP) came to power in both the Centre as well as Mahadweep. However, their record for the next 5 years was riddled with corruption and finally, in 2014, the Indus Revolution Party (IRP) came to power in the Centre grabbing almost 90% of the vote share.
Mahadweep comprises of various linguistic minorities amongst which 51% belong to the Majata tribe. Similarly, Mahadweep also comprises of various religious groups wherein about 30% Mahadweepans follow Islam.
Stunned with the drubbing at the Centre, and with elections for Mahadweep slated for October, 2014, the NTP passed an ordinance to accord 16% reservation for Majata linguistic tribes and 5% for Muslims in government jobs and educational institutions. With already existing 52% quotas for various other sections, reservation in jobs and schools and college in Mahadweep will go up to a staggering 75%.
People for Educated Indus (PEI) is a prominent student NGO in Indus having various branches all over the country petitioned the Hon’ble Trombay High Court under Article 226 of the Constitution of Indus to strike down this reservation as unconstitutional and void.
The Advocate for the Petitioner has stated that the reservations violate the provisions of Article 14, 16 and 21 of the Constitution. The Learned Advocate General of Mahadweep appeared for the State of Mahadweep and stated that the reservation is in accordance with the provisions of the Constitution.     
The Trombay High Court has now listed the matter for final arguments on three issues amongst others:
1.      Whether the reservations offend Article 14 and 16 by being discriminatory in nature?
2.      Whether the reservations offend Article 21 hampering life and personal liberty?
3.      Whether the law is in furtherance of ‘conscience of the Constitution’ as under Part III and Part IV of the Constitution of Indus?
4.      Any other issues as the advocates deem fit. 

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