8TH Grand
Intra Moot Court Competition, 2014
21st-22nd March,2014.
21st-22nd March,2014.
The
Republic of Madiba is a developing country in South West Asia with a population
second to only China. The Unique Identification Authority of Madiba (UIAM),
is an attached office of the Planning Commission of Madiba constituted to issue
Unique Identification Number "HELP YOU" card to all the citizens of Madiba.
The UIAM, established by the Ruling Party Government in 2009 to
propagate the Help You card program, which is proposed to tag every citizen of
Madiba with a 12-digit Unique Identification (UID) number, primarily on the
basis of bio metric data and other parameters like photograph and residential
address proof. The data-bank thus generated is under the direct supervision of
the UIAM. It is to be mentioned here that the data collection for the HELP YOU
program is supposedly the world’s largest bio metric data collection program.
Pandora
is one of the largest states in the Republic of Madiba and one of the first
states to immediately implement the HELP YOU card for its residents and made it
compulsory for all citizens to show the HELP YOU Card to procure benefits of
Essential Commodities for themselves. People for Pandora is a famous NGO which
undertakes public interest litigation (PIL) on behalf of its residents. In
2013, People for Pandora approached the High Court of Pandora challenging the
Constitutional Validity of the UIAM action to bring the HELP YOU card into
force in as much as they were not only incompetent to do the same, but also
that the HELP YOU card violates fundamental rights of all the people of Madiba.
In
2013, in a sensational verdict in People
for Pandora v State of Pandora and Ors., a division bench of the High Court
of Pandora, relying on the landmark doctrine of ‘presumption of
constitutionality’ in the Indian case of Mohd.
Hanif Qureshi v State of Bihar upheld the constitutional validity of the
UIAM HELP YOU Card. However, it observed that HELP YOU card cannot be a
compulsory document for realizing Government-provided benefits and services
that an ordinary citizen of Madiba is constitutionally entitled to. The High
Court also clarified the voluntary nature of enrollment under the HELP YOU card
program.
Aggrieved
by the decision to uphold the validity of the HELP YOU Card, the People of
Pandora have approached the Hon’ble Supreme Court of Madiba vide a Special Leave
Petition. While admitting the Petition, a plea was made by the Counsel for
People for Pandora that the landmark doctrine of ‘presumption of
constitutionality’ in the Indian case of Mohd. Hanif Qureshi v State of Bihar
was outdated in today’s times and merited a different stand today. The Supreme
Court of Madiba admitted the petition naming it SLP 124/2013.
In
the meantime, the State of Pandora too, being aggrieved by the observations of
the High Court of Pandora, has approached the Supreme Court of Madiba by a
Special Leave Petition seeking to expunge the observations of the High Court.
The Supreme Court of Madiba admitted the petition naming it SLP 123/2013.
A
constitutional bench of the Supreme Court of Madiba, formed in light of the
importance of the present case, clubbed these two petitions and has now framed
the following issues for final hearing today:
1. Whether
the HELP YOU Card violates fundamental rights of people of Madiba?
2. Whether
the UIAM has legislative competence to bring into effect the HELP YOU Card?
3. Whether
the doctrine of presumption of constitutionality rests on sound interpretation
of the Constitution of Madiba?
4. Whether
the UIAM’s policy of bringing the HELP YOU card is constitutional?
Leave
was also granted for other issues to be framed by the parties. For brevity, the
written and oral submissions should address People for Madiba as the
“Appellant” and Union of Madiba, State of Pandora and others as “Respondent”
while presenting their case.
Note:
1. The
Constitution, Law, Rules, Regulations of Madiba are in pari material with that
of India.
2. The
decisions of the Courts of India although not having binding force are of great
persuasive value in Madiba. The Supreme Court of Madiba usually relies only on
decisions Indian Courts for interpretation of their legal system.
For Registrations Contact:
Disha Shetty (Chairperson)- 9833461545
Prasham Shah (Vice- Chairperson)- 9833982017
