CONSTITUTION

Source: Constitutional Law of India by Dr.J.N. Pandey,

ChatGpt- 4

Date:12/11/24

The Twenty-Sixth January, 1950, was a red-letter day in the long and
chequered history in India. For, on that day the present Constitution of India
was brought into force which announced to the world the birth of new
republic.

What is Constitution: A Constitution means a document having a special legal

sanctity (the state or quality of being holy, sacred, or saintly) which sets out
the frame – work and the principal functions of the organs of the government
of a state and declares the principles governing the operation of those
organs.
~ (Here, the principal functions of the organ of the government are the three
organs of the government i.e. Legislative, executive, Judiciary)
What is Constitution Law: constitutional law is often defined as the body of
law that establishes the structure, functions, and limits of a government. It
outlines the rights and responsibilities of both the government and its citizens
and defines the framework for legal authority within a country. This includes
the division of powers among different branches of government (such as
legislative, executive, and judicial), the protection of fundamental rights, and
the principles of democracy, rule of law, and federalism, if applicable.
In simple terms, constitutional law sets the "rules of the game" for the
government and ensures that everyone—including government officials—
follows those rules. It protects citizens' rights and ensures that government
power is used fairly and within limits.

[ What is Legislative, executive, Judiciary:

 1. Legislative: This branch is responsible for making laws. In a democracy,
it’s usually composed of elected representatives who debate and pass laws that
reflect the will and needs of the people. Examples include parliaments or
congresses, like the Parliament in India or the U.S. Congress.
2. Executive: This branch is responsible for enforcing and implementing the
laws created by the legislative branch. It includes the head of state or
government (like a president or prime minister), their cabinet, and various
government departments and agencies. The executive ensures that laws are
put into action and manages the day-to-day affairs of the government.
3. Judiciary: This branch interprets and applies the law, resolving disputes and
ensuring justice. Courts, judges, and justices make up the judiciary. They
review cases, make rulings, and sometimes have the power to determine
whether laws are constitutional. The judiciary acts as a check on the other
branches to prevent the abuse of power. ]

What are Constitution rules?

Constitutional rules are the fundamental principles and laws outlined in a
constitution that define how a government operates and regulates the
relationship between the government and its citizens. These rules set the
framework for governance, ensuring a structured and fair society by
establishing clear guidelines on power distribution, individual rights, and
government responsibilities.
Key aspects of constitutional rules include:
1. Separation of Powers: Divides government power among the
legislative, executive, and judiciary branches to prevent any single
branch from becoming too powerful. Each branch has distinct functions,
with checks and balances on each other.
2. Rule of Law: Ensures that all people, including government officials, are
subject to and accountable under the law. This principle promotes
fairness and prevents the misuse of power.
3. Fundamental Rights and Freedoms: Lists the basic rights guaranteed to
all citizens, such as freedom of speech, religion, equality, and the right
to a fair trial. These rights are protected by the judiciary.
 4. Federalism (if applicable): Defines the division of powers between a
central (federal) government and regional (state/provincial)
governments, outlining the areas each level of government can govern.
5. Amendment Process: Establishes the procedures for making changes to
the constitution, allowing it to evolve over time while preventing easy or
arbitrary alterations.
6. Sovereignty of the People: Affirms that the ultimate power rests with
the people, often through democratic principles like free elections and
representation in government.
7. Judicial Review: Grants courts the authority to review laws and
government actions to ensure they comply with the constitution.
Courts can invalidate laws that violate constitutional principles.

Foundational concepts in law:

1. Statutes:
 Definition: Statutes are laws written and passed by the legislative branch
of government, like a parliament or congress.
 Purpose: They set specific rules that people and organizations must
follow and cover a wide range of areas, such as criminal law, civil rights,
and business regulations.
 Example: In India, the Indian Penal Code (IPC) is a statute that defines
criminal offenses and penalties.
2. Amendments:
 Definition: An amendment is a formal change or addition to a legal
document, like a constitution or statute.
 Purpose: Amendments allow laws or constitutions to evolve and adapt to
changing social, economic, or political needs.
 Example: In India, amendments to the Constitution (such as the 73rd
Amendment for Panchayati Raj) are changes made to address new issues
or clarify existing laws.
3. Precedent:
  Definition: A precedent is a past court decision that serves as an example
or rule for future cases on similar issues.
 Purpose: It helps ensure consistency and fairness in the legal system.
 Example: If a court decides a specific way on a property dispute, future
similar cases may follow this decision.
4. Bill:
 Definition: A bill is a proposed law introduced in the legislative branch. It
goes through debates, revisions, and voting before it can become a
statute.
 Purpose: Allows lawmakers to discuss, evaluate, and refine ideas before
making them law.
 Example: The Right to Information (RTI) Act was first introduced as a bill
before becoming law in India.
5. Ordinance:
 Definition: An ordinance is a temporary law issued by the executive (like
the President or Governor) when the legislature is not in session.
 Purpose: Allows the executive branch to address urgent matters without
waiting for the legislature to reconvene.
 Example: The Indian government has occasionally passed ordinances for
quick policy changes.
6. Code:
 Definition: A code is a comprehensive collection of laws organized by
subject, making it easier to reference and apply laws within specific
areas.
 Purpose: Provides a systematic, accessible structure for laws.
 Example: The Indian Penal Code (IPC) consolidates criminal laws in India.
7. Common Law and Civil Law:
 Common Law: Developed through judicial decisions and precedents
rather than statutes. It is used in countries like the UK and the US.
  Civil Law: Based on comprehensive statutes and codes rather than
judicial decisions. Many countries in Europe follow this system.
8. Judicial Review:
 Definition: Judicial review is the power of the judiciary to examine laws
or executive actions to ensure they comply with the constitution.
 Purpose: Protects citizens' rights and ensures that government actions
don’t violate constitutional principles.
 Example: In India, the Supreme Court can strike down a law if it violates
the Constitution.

Key concepts and topics related to Constitutional Law

that can deepen your understanding of how constitutions
work and their importance in governance:

1. Preamble:
 Definition: The preamble is an introductory statement in a constitution
that outlines its purpose, goals, and guiding principles.
 Purpose: It sets the tone for the Constitution and defines the core
values, such as justice, liberty, and equality.
 Example: The Preamble of the Indian Constitution begins with "We, the
people of India, having solemnly resolved to constitute India into a
Sovereign Socialist Secular Democratic Republic..."
2. Fundamental Rights:
 Definition: These are basic human rights guaranteed to all citizens and
protected by the Constitution.
 Purpose: To ensure that individuals’ essential freedoms, like the right to
equality, freedom of speech, and the right to life, are upheld.
 Example: In India, the Fundamental Rights are mentioned in Part III of
the Constitution (Articles 12-35).
3. Directive Principles of State Policy:
  Definition: These are guidelines or principles in the Constitution that set
out the aims and objectives of the state in governing the country.
 Purpose: To establish a framework for the state's goals, such as
promoting social and economic welfare.
 Example: Article 39 of the Indian Constitution outlines principles like
ensuring that citizens have access to adequate means of livelihood.
4. Separation of Powers:
 Definition: The division of government responsibilities into distinct
branches (legislative, executive, and judiciary) to prevent any one branch
from becoming too powerful.
 Purpose: To maintain a system of checks and balances.
 Example: The legislative branch makes the law, the executive enforces it,
and the judiciary interprets it.
5. Amendment Process:
 Definition: The process by which a Constitution can be altered or
updated to meet new challenges or reflect societal changes.
 Purpose: To ensure that a Constitution remains relevant and adaptable
over time.
 Example: In India, Article 368 provides the procedure for amending the
Constitution, allowing changes to be made by Parliament.
6. Federalism:
 Definition: The distribution of power between a central (national)
government and regional (state or provincial) governments.
 Purpose: To ensure that both levels of government have distinct powers
and responsibilities.
 Example: In India, power is shared between the central government and
states, as outlined in the Union List, State List, and Concurrent List in the
Constitution.
7. Judicial Review:
  Definition: The power of courts to review laws, statutes, or government
actions to determine if they are consistent with the Constitution.
 Purpose: To ensure that laws or executive actions do not violate the
Constitution.
 Example: The Indian Supreme Court has the power of judicial review to
strike down unconstitutional laws.
8. Basic Structure Doctrine:
 Definition: The doctrine that certain fundamental features of the
Constitution cannot be altered by amendments.
 Purpose: To protect the core principles of the Constitution from being
modified by simple legislative changes.
 Example: The Indian Supreme Court introduced the Basic Structure
Doctrine in the Kesavananda Bharati case (1973), ruling that the basic
structure of the Constitution cannot be amended.
9. Constitutional Supremacy:
 Definition: The idea that the Constitution is the highest law of the land,
and all other laws, government actions, and policies must comply with it.
 Purpose: To establish the Constitution as the ultimate source of
authority in a legal system.
 Example: In India, any law inconsistent with the Constitution is
considered void.
10. Emergency Provisions:
 Definition: These are provisions that allow the government to take
extraordinary measures in situations of national or state emergencies
(like war or financial crisis).
 Purpose: To give the government special powers to address critical
situations while still maintaining constitutional norms.
 Example: In India, Articles 352, 356, and 360 lay out provisions for
national and state emergencies.
11. Constitutional Remedies:
  Definition: These are legal remedies available to individuals if their
fundamental rights are violated by the state.
 Purpose: To provide a means for citizens to seek redress if their
constitutional rights are infringed.
 Example: In India, Article 32 allows individuals to directly approach the
Supreme Court if their fundamental rights are violated.
12. Constitutional Conventions:
 Definition: Unwritten practices or customs followed by government
institutions that help ensure smooth operation, even though they are
not legally binding.
 Purpose: To provide flexibility in the application of the Constitution and
maintain stability in governance.
 Example: In the UK, the convention that the Prime Minister must be a
member of the House of Commons.
13. Constitutional Interpretation:
 Definition: The process by which courts interpret the meaning and
application of the Constitution's provisions.
 Purpose: To clarify and apply the Constitution’s provisions in specific
cases, ensuring they remain relevant in changing times.
 Example: The Supreme Court of India often interprets constitutional
provisions to adapt to modern challenges, such as interpreting "equality"
to include gender equality.
14. Secularism:
 Definition: The principle that government institutions and policies
should remain neutral regarding religion, not favoring or endorsing any
particular religion.
 Purpose: To maintain religious freedom and equality for all citizens.
 Example: India is a secular state, meaning the government does not
favor any religion, and all religions are treated equally under the law.
15. Sovereignty:
  Definition: The supreme authority of a state to govern itself without
external interference.
 Purpose: To ensure that the state has control over its territory and
affairs.
 Example: India's sovereignty is guaranteed by the Constitution, meaning
it has the ultimate authority within its territory.

MOOT COURT
A Moot Court is a simulated court proceeding where law students argue cases
in front of a judge or panel of judges. It’s a mock trial, allowing participants to
apply their legal knowledge, research, and advocacy skills in a controlled
setting.
Key Components of Moot Court:
1. Case/Problem:
The competition usually revolves around a specific legal issue or case.
The problem typically involves complex legal questions where
participants have to argue either side of the case.
2. Memorials (Briefs):
Participants prepare written arguments called memorials, which are
structured like legal briefs. These memorials are divided into sections,
including:
o Statement of Facts: A brief summary of the case.
o Issues: The legal questions raised.
o Arguments: The legal arguments supporting your side.
o Conclusion: A summary of your stance.
3. Oral Arguments:
The participants present their arguments verbally before a panel of
judges. The goal is to persuade the judges through your reasoning,
analysis, and ability to respond to questions.
4. Judges:
In a moot court competition, judges can be senior lawyers, professors, or
even judges of real courts. They listen to both sides, ask questions, and
then decide the outcome.

How to behave in Moot Court:

1. Professionalism:
Treat the competition like a real court proceeding. Dress formally, act
respectfully, and address the judges as "Your Lordship" or "Your Honor."
This shows your understanding of the seriousness of the competition.
2. Preparation:
o Research: Thoroughly research the case. Understand the legal
issues, relevant statutes, case law, and precedents.
o Know Your Side: Whether you’re arguing the petitioner or
respondent side, be ready to present compelling arguments.
Prepare to refute the opposing side’s arguments.
o Practice Your Arguments: Memorize key points, but don’t rely too
heavily on notes. Be clear, concise, and persuasive in your delivery.
3. Argument Structure:
 o Start by briefly stating the facts and the legal issues involved.
o Present your main arguments logically. Each argument should be
supported by relevant case law or legal principles.
o Anticipate counterarguments and be ready to address them.
o Conclude by summarizing your key points and emphasizing why
the judge should rule in your favor.
4. Answering Questions:
Judges may interrupt you with questions during your argument. Stay
calm and composed when answering. If you don’t know the answer to a
question, don’t panic. It’s better to say you will look into it and get back
with a well-researched response.

Court Etiquette:

5. Stand when addressing the court.

6. Always show respect to the judges and opposing counsel.
7. Listen carefully to the opposing side’s arguments without interrupting. Be courteous,
even if you disagree.

Roles:
1. Petitioner (or Appellant):
o This is the party that brings the case to court. If you represent the
petitioner, your job is to argue that the decision of the lower court
(or the actions of the opposing party) was wrong and should be
overturned or modified.
o In some cases, this side may be called the Appellant if it is an
appeal case.
2. Respondent (or Defendant):
o This is the party responding to the petition or appeal. If you
represent the respondent, your job is to defend the decision of the
lower court or the actions of your client and argue why the
petitioner's request should be denied.
o The respondent may be called the Defendant in criminal cases or
when defending against the petition.
 Key Concepts You Should Understand:
1. Basic Structure Doctrine:
o Definition: The Basic Structure Doctrine holds that certain
fundamental features of the Constitution cannot be altered or
destroyed by amendments. This doctrine was established by the
Supreme Court of India in the landmark case of Kesavananda
Bharati v. State of Kerala (1973).
o Purpose: The doctrine aims to preserve the core principles of the
Constitution even if amendments are made by Parliament. It
ensures that the Constitution's "basic structure" remains intact, no
matter the amendments passed by the legislature.
o Core Principles of Basic Structure: The Supreme Court has listed
several features that constitute the basic structure, such as:
 Democracy
 Republic
 Separation of Powers
 Rule of Law
 Judicial Review
 Federalism (in some interpretations)
2. Constitutional Jurisprudence:
o Definition: Constitutional jurisprudence refers to the body of
judicial decisions and legal principles that interpret and apply the
Constitution.
o Recent Changes in Jurisprudence: In recent years, constitutional
jurisprudence in India has seen shifts in how the courts interpret
constitutional provisions, particularly with respect to the Basic
Structure.
o Examples of Drastic Changes: You might need to explore how the
courts' approach to fundamental rights, judicial review, and
federalism has evolved. Recent judgments on the Amendment
 Power (Article 368), Judicial Overreach, and Judicial
Independence could be key areas for discussion.

Develop Arguments:

3. For the Petitioner (if arguing in favor of changes): You could argue that some of
the restrictions imposed by the Basic Structure Doctrine should be relaxed to
allow for more flexibility in constitutional amendments, especially in light of
changing societal needs.
4. For the Respondent (if arguing against changes): You could argue that the Basic
Structure Doctrine ensures the preservation of democracy and fundamental
principles of the Constitution, and any drastic changes to constitutional jurisprudence
may undermine these principles.

Structure of Your Argument:

5. Introduction: Briefly introduce the case and the core constitutional issue you're
dealing with (Basic Structure and its changes).
6. Historical Context: Discuss the origins of the Basic Structure Doctrine and how it
evolved.
7. Legal Framework: Explain the role of judicial review and constitutional
amendments.
8. Your Argument: Present the legal and constitutional basis for your side. Support it
with relevant case law.
9. Counterarguments: Consider what the opposing side might argue and prepare
responses.
10. Conclusion: Summarize your key points and emphasize why the court should rule in
your favor.

About the case:

NOTE:

The Supreme Court of Jambudwepa is a fictional or

hypothetical court mentioned in your moot court proposition. It
is not an actual court that exists in any real country. The term
Jambudwepa appears to be part of the case scenario or legal
exercise you are participating in for your moot court
competition, designed to simulate a constitutional legal system
similar to India's.
 In the context of your moot court:

 The Supreme Court of Jambudwepa functions like the Supreme

Court of India. It is the highest judicial authority in the country
(or in this case, in the fictional country of Jambudwepa).

 This court is responsible for hearing significant constitutional

matters, especially those related to the Constitutional validity of
laws (such as the 118th Amendment Act), fundamental rights,
and disputes involving the basic structure of the Constitution.
 It also resolves important public interest litigations (PILs), such
as the ones filed by Aparajita International and Public
Democratic Front of Jambudwepa, which challenge government
actions and laws.

In short, the Supreme Court of Jambudwepa is a central

institution in your moot court case, playing a crucial role in
determining whether the actions and laws involved are in line
with the Constitution of Jambudwepa, similar to how the
Supreme Court of India adjudicates important constitutional
questions in India.

Aparajita International and the Public Democratic Front of

Jambudwepa are both fictional organizations mentioned in the
context of your moot court proposition. They are part of the
scenario in the competition and represent entities involved in the
legal challenges being heard by the Supreme Court of
Jambudwepa. Here’s what they represent in this case:

1. Aparajita International

 Type of Entity: Aparajita International is a non-governmental

organization (NGO). In your case, it has filed a Public Interest
Litigation (PIL) in the Supreme Court of Jambudwepa.
  Purpose of PIL: The organization is challenging the Constitution
(118th Amendment) Act, 2023, claiming that it violates the
basic structure of the Constitution of Jambudwepa.
 Role in the Moot Court: Aparajita International seeks to defend
the principles that form the foundation of the Constitution,
especially its basic structure, and argues that the Amendment in
question is unconstitutional.

2. Public Democratic Front of Jambudwepa

Type of Entity: This is another registered society or political group in

the fictional country of Jambudwepa.

 Purpose of PIL: The organization has also filed a PIL against the
Central Government's order related to the inauguration of the
Grand Temple at Dandakarnya. They argue that the
government's involvement in the inauguration violates
secularism, democratic principles, and constitutional morality.
 Role in the Moot Court: The Public Democratic Front
challenges the state's involvement in religious affairs and claims
that such actions serve political purposes in the context of
upcoming elections, undermining the secular nature of the
government.

Summary of Their Roles:

 Aparajita International is concerned with defending the

Constitution's basic structure and is challenging an amendment
to the Constitution that it believes undermines it.
 Public Democratic Front of Jambudwepa is concerned with
political misuse of religious symbolism (like the Grand Temple
inauguration), arguing that it violates secularism, democratic
principles, and constitutional morality.

PIL:
 PIL stands for Public Interest Litigation. It is a legal mechanism in which an
individual or organization can approach the court to seek judicial intervention in
matters that concern the public interest, even if the person filing the case is not
personally affected by the issue. PILs are typically filed in cases that deal with issues
affecting a large group of people or the public at large, such as social justice,
environmental concerns, human rights, or constitutional matters.

Key Features of PIL:

1. Non-Justiciable Parties: Unlike regular lawsuits, the person filing the PIL does not
need to show personal harm or injury. The focus is on issues that have a public impact
or broader societal implications.
2. Public Interest: PILs are meant to address issues that affect public welfare, such as
pollution, discrimination, human rights violations, or issues of constitutional
importance (like fundamental rights).
3. Filing by Anyone: A PIL can be filed by any citizen, organization, or even a public-
spirited individual or NGO who is concerned about a public issue. There is no
requirement for the petitioner to be directly affected.
4. Judicial Review: Courts use PILs to review laws or government actions that may be
detrimental to the public good or in violation of the Constitution. It allows courts to
address constitutional and legal violations that might otherwise go unnoticed.
5. Examples of PIL Cases:
o Environmental Protection: Cases regarding pollution control and conservation
of natural resources.
o Fundamental Rights: Cases involving violations of rights such as freedom of
speech, equality, etc.
o Social Justice: Issues like child labor, access to education, healthcare, and
marginalized communities.

PIL in India:

In the context of India, PIL was introduced in the Supreme Court and High Courts
through judicial activism to bring attention to issues of human rights, environmental
protection, and social justice. It has empowered the courts to take a proactive role in
ensuring justice, even in cases where no one has directly filed the case, as long as the
issue concerns the public interest.

In Your Moot Court:

 The PILs filed by Aparajita International and the Public Democratic Front of
Jambudwepa are examples of how PILs are used to challenge actions or amendments
that the petitioners believe violate constitutional values, such as the basic structure of
the Constitution or secularism in the case of the Temple inauguration.

Here’s a brief explanation of the NGO, W.P. numbers, and

the Act involved:
 1. Aparajita International (NGO) - W.P. No. 1004191/2023 (PIL)

 What it is: Aparajita International is an NGO that filed a Public Interest Litigation
(PIL) before the Apex Court (Supreme Court) challenging the Constitution (118th
Amendment) Act, 2023.
 Reason: The NGO claims the Amendment violates the basic structure of the
Constitution, particularly principles like secularism and democracy.

2. Public Democratic Front of Jambudweepa - W.P. No. 1004578/2023 (PIL)

 What it is: Public Democratic Front of Jambudweepa is a registered society that also
filed a PIL in the Supreme Court, challenging the central government’s actions around
the temple inauguration.
 Reason: They argue the government’s involvement in the temple inauguration violates
secularism, and its political nature could distort democracy, especially in the election
context. They seek a stay on the inauguration.

3. The Constitution (118th Amendment) Act, 2023

 What it is: This Amendment Act is being challenged for potentially violating the basic
structure of the Constitution. The focus is on whether the amendment interferes with
the secular nature of the state and the democratic values by involving the government
in religious affairs during an election period.

The W.P. Numbers:

 W.P. No. 1004191/2023 (PIL): This petition is filed by Aparajita International (NGO)
challenging the 118th Amendment.
 W.P. No. 1004578/2023 (PIL): This petition is filed by Public Democratic Front
challenging the central government’s involvement in the temple inauguration as
unconstitutional.

The Grand Temple at Dandakaranya is a central focus of the moot court

proposition you're dealing with. Here's a detailed explanation of the key aspects
surrounding it:

1. Background of the Temple

 The Grand Temple in Dandakaranya is a religious structure being constructed by

the central government.
 The temple inauguration is scheduled for January 17, 2024, and is set to be a grand
event, with the Prime Minister of the country scheduled to inaugurate it.
 The timing of the inauguration is crucial because it comes right before the general
elections scheduled for May 2024. The timing has raised concerns among some
observers, including political analysts and certain state governments.
2. Key Issues Raised Around the Temple Inauguration

 Political Motivations: The decision to inaugurate the temple at this particular time,
ahead of the elections, has led to criticisms that it could be used as a political tool to
gain favor from voters, especially in a religiously significant context. Critics claim
that using religious symbols and events for political gain undermines the secular
fabric of the nation and violates democratic principles.
 Secularism Concerns: The Indian Constitution maintains a secular state, meaning
that the state should not show preference to any particular religion. The involvement
of the government in the temple inauguration, including the Prime Minister
officiating the event, raises questions about the state's role in religious affairs. Many
argue this could compromise the secular nature of the government.

3. Government Orders Relating to the Temple Inauguration

 Order on 12-12-2023: The central government passed an order in December 2023,

detailing several actions around the inauguration:
o Declared a holiday on January 17, 2024, to mark the event as a “National
Cultural Renaissance”.
o Government funds would bear all the expenses for the temple inauguration.
o Railways were instructed to provide five free trains to transport people to
Dandakaranya from all states and Union Territories for the event.
o Doordarshan (the state-run television network) was directed to provide live
telecast of the inauguration.
o The central government ordered state governments to cooperate and make
necessary arrangements, reserving their autonomy in the process.

4. Criticism of the Central Government’s Actions

 Election Year Timing: Many state governments and critics argue that the timing of
the inauguration and the grand scale of the event right before elections could be a
political gimmick to influence voters.
 Religious Neutrality: The government’s involvement in a religious event,
particularly the inauguration of a temple, raises concerns about the state’s
secularism. This could be seen as an undue interference in religious affairs,
potentially violating the constitutional principle of separation of religion and state.

5. Public Democratic Front's PIL Against the Temple Inauguration

 Challenge to State Interference: The Public Democratic Front of Jambudweepa

filed a PIL challenging the central government’s order. The petition argues that the
government’s actions are:
o Excessively interfering with religious matters, particularly favoring one
religion over others.
o Politically motivated, aimed at appealing to religious voters before the
election.
o Undermining secularism and constitutional morality by using religious
events for electoral gain.

6. State Governments’ Orders Against Telecast of the Inauguration

  Two states, Kovilnadu and Bangarajya, took further steps to limit the publicity of
the temple inauguration:
o Kovilnadu passed a state notification banning the live telecast of the
inauguration, citing concerns over social unrest and potential violence due to
the event.
o Bangarajya passed a similar order, but the High Court of Bangarajya did not
stay this order.
 This led to further legal challenges in the respective High Courts, with citizens
challenging these orders as violations of their fundamental rights, such as the right
to information and freedom of speech.

Summary of Key Points

 Inauguration Controversy: The Grand Temple at Dandakaranya is being

inaugurated by the Prime Minister in January 2024, just before the elections. The
event has sparked criticism over its timing, suspecting it could be a political move.
 State vs. Government: Several state governments have expressed concerns about
the central government’s overreach in religious matters and its potential violation of
secular principles.
 PILs Filed: Both the Aparajita International NGO and the Public Democratic
Front have filed PILs against the 118th Amendment and the government’s
involvement in the temple inauguration on constitutional grounds, raising issues of
secularism, democracy, and fundamental rights.

1. Whether the Constitution (118th Amendment) Act, 2023, Violates Basic

Features of the Constitution?

 Key Points to Consider:

o Basic Structure Doctrine: You’ll need to argue whether the 118th
Amendment impinges on any fundamental principles of the Constitution. The
Basic Structure Doctrine, which has been developed by the Indian Supreme
Court, holds that certain features of the Constitution are so fundamental that
they cannot be altered by amendments.
o Core Principles to Examine: Review the key principles like democracy,
secularism, judicial independence, and federalism. Is this amendment
threatening any of these basic features?
o Legal Precedents: Reference landmark cases like Kesavananda Bharati
(1973), Minerva Mills (1980), and I.R. Coelho (2007) where the Court held
that amendments cannot alter the basic structure of the Constitution.
 Possible Arguments:
o If the amendment violates the basic structure, it should be declared
unconstitutional.
 o If the amendment does not violate the basic structure, you could argue it is
within the powers of Parliament to amend the Constitution, provided it doesn’t
alter the core values.

2. Whether the State Action in the Inauguration of the Temple Violates the
Constitutional Limitations and Democratic Values in the Light of Elections?

 Key Points to Consider:

o Separation of Church and State: Consider whether state involvement in
religious activities violates the principle of secularism, as stated in the
Constitution.
o Election Period: You can argue that the timing of the inauguration during an
election may lead to electoral malpractices or misuse of government
machinery for electoral gains.
o Democratic Values: Analyze whether the action undermines democratic
values like equality and non-discrimination, especially if it involves the use of
state funds or facilities for a religious purpose.
 Possible Arguments:
o If the inauguration involves state funds or is being used for political purposes
(e.g., boosting electoral prospects), it could be unconstitutional and a
violation of secular principles.
o If the action is neutral and non-partisan, you could argue that there is no
violation of democratic values.

3. Whether the Orders Passed by the State of Kovilnadu Dated 20-12-2023 and
State of Bangarajya Dated 21-12-2023 Are Violative of Rights of Citizens Under
Part I of the Constitution of Jambudweepa?

 Key Points to Consider:

o Part I of the Constitution: This may relate to fundamental rights and
freedoms. You'll need to examine whether the orders infringe upon citizens'
rights.
o Freedom of Religion, Speech, and Expression: If these orders interfere with
individuals' fundamental rights, they could be deemed unconstitutional.
o Due Process and Equality: Consider whether the orders treat citizens equally
and follow due process under the law.
 Possible Arguments:
o If the orders infringe upon fundamental rights (such as freedom of speech,
expression, or religious freedom), they could be deemed unconstitutional.
o If the orders do not align with the rights guaranteed under Part I, they may
need to be struck down.
 4. Whether the Orders Passed by the State of Kovilnadu and Bangarajya on 20-
12-2023 and 21-12-2023 Are Justified Within the Contours of Order Dated 12-
12-2023 and Art. 355 of the Constitution of Jambudweepa?

 Key Points to Consider:

o Article 355: This likely refers to the provisions for ensuring that the
governance of states is in line with the Constitution. You need to explore
whether the orders passed on 20-12-2023 and 21-12-2023 are in accordance
with the powers conferred by Article 355.
o Consistency with Preceding Orders: Evaluate whether the actions are in line
with the prior orders passed on 12-12-2023. Are they consistent with the
overall framework set by that order?
 Possible Arguments:
o If the orders violate the scope of Article 355 or contradict the previous orders,
they can be deemed unconstitutional.
o If the orders are justified within the legal framework of Article 355, you can
argue they are valid and within constitutional limits.

For petitioner side:

Petitioner (For Challenging the Amendment and the Government Actions)

The Petitioner (e.g., Aparajita International, Public Democratic Front of

Jambudwepa) argues that the Constitution (118th Amendment) Act, 2023 and the
State actions (temple inauguration) violate the basic structure of the Constitution
and constitutional morality.

Key Arguments for the Petitioner:

1. Violation of Basic Structure of the Constitution:

o Basic Structure Doctrine: The 118th Amendment Act is argued to violate the
basic structure doctrine established by the Supreme Court in Kesavananda
Bharati case. The amendment may change core features of the Constitution,
like secularism, democracy, or federalism, thereby undermining the balance
the Constitution seeks to maintain.
o Secularism: The temple inauguration and the associated government actions
(such as funding the event, declaring it a national holiday, and broadcasting it
nationwide) can be seen as state interference in religious affairs, which goes
against the secular nature of the state as laid out in Article 25 of the
Constitution.
o Violation of Fundamental Rights: The government's interference in religious
affairs, particularly the temple inauguration by the Prime Minister, violates the
fundamental right to equality (Article 14) and freedom of religion (Article
25).
2. Excessive State Interference in Religious Affairs:
 o The temple inauguration is argued to be a political gimmick ahead of the
elections, using religious symbolism to influence voters, which can
undermine the neutrality of the state in religious matters.
o Electoral Malpractice: The timing and nature of the event, combined with
state-funded promotion, can be seen as an attempt to appease voters based
on religious identity, thus violating democratic values.
3. Violation of Secularism and Democratic Values:
o By declaring a national holiday for the temple inauguration and directing
various state institutions to participate, the state might be favoring one
religion over others, thus undermining secularism.
o The state's action could be seen as an undue use of power, and as the PIL
argues, it denigrates the political democracy and violates constitutional
morality.
4. State Orders Violate Citizens' Rights:
o The actions of the states of Kovinadu and Bangarajya, restricting the live
telecast of the temple inauguration, may also be challenged on the ground that
they violate the fundamental rights of citizens to access information freely
(freedom of expression under Article 19).
o The arbitrary nature of the government’s orders, such as directing the
railways to provide free transport to the inauguration, could be seen as
discriminatory and partisan.

Opposite Side (Government's Defense)

The Opposite side (respondent, i.e., Government of Jambudwepa) defends the
118th Amendment and the actions surrounding the temple inauguration. They
argue that these actions do not violate the Constitution but are in line with state
policy.

Key Arguments for the Government (Opposite Side):

1. Constitutional Validity of the 118th Amendment:

o The 118th Amendment is a necessary constitutional change aimed at
improving or refining governance, not violating any basic structure of the
Constitution.
o It may be within the purview of the Parliament to enact amendments, and
there is no violation of the basic structure as long as the amendment does not
alter the fundamental framework of the Constitution (secularism,
democracy, federalism, etc.).
o The court should defer to the legislature's power to make constitutional
amendments unless it is clearly shown that the amendment crosses
constitutional boundaries.
2. State Action is Constitutional:
o The temple inauguration is not an attempt to interfere with religion but rather
a cultural event aimed at celebrating and promoting national heritage. The
government can organize and sponsor events that are of historical or cultural
significance without violating the principle of secularism.
 o The government is not promoting a specific religion, but instead, it is taking
steps to honor national culture and promote tourism and economic
development, which can be seen as secular in nature.
3. Election Period Actions Are Justified:
o The election period does not automatically invalidate government actions.
The temple inauguration and its promotion by the government may be seen
as an expression of cultural pride, rather than a political stunt.
o The state's involvement in cultural and religious matters should not be
automatically construed as violating secularism if the actions do not promote
one religion over another. The government's involvement in such events is a
legitimate exercise of its powers under the Constitution.
4. Fundamental Rights and Restrictions:
o The state orders such as providing free trains and telecasting the event are not
arbitrary but are in line with public welfare and cultural celebration. The
restrictions placed on the live telecast in certain states could be justified on
the grounds of public order, especially if there is a possibility of social
unrest.
o The free train services and the public holiday are seen as part of the
government’s responsibility to promote national unity, and any challenge to
this may seem like an attempt to undermine government initiatives for
public good.

Conclusion:

 Petitioner’s Side argues that the 118th Amendment and government actions violate
the basic structure, secularism, and fundamental rights under the Constitution.
 Opposite Side (Government) argues that these actions are constitutional, do not
violate the basic structure, and are in line with promoting national culture and
heritage, while the state's actions during elections are justified and not illegal.

Articles:

Article 25: Freedom of Religion (Indian Constitution)

Article 25 guarantees freedom of conscience and the right to freely

practice, profess, and propagate religion in India. It is a part of the
Fundamental Rights under Part III of the Constitution.

Key Points of Article 25:

1. Freedom of Conscience: Every individual has the freedom to hold and

follow any religious belief according to their conscience.
2. Right to Practice, Propagate, and Profess Religion: Every person is
free to:
 o Profess their religion (publicly declare their faith).
o Practice their religion (carry out religious activities).
o Propagate their religion (spread or preach their beliefs to others).
3. Reasonable Restrictions: The right is not absolute. The State can
impose reasonable restrictions in the interest of:
o Public order,
o Morality, or
o Health.
4. Other Provisions:
o It allows the State to regulate or restrict any religious practices
that harm public order, morality, or health.
o The state can make laws related to regulation of religious
institutions, charitable endowments, and the administration of
religious affairs to ensure fairness and transparency.

Article 19: Protection of Certain Rights regarding Freedom of

Speech, etc.

Article 19 guarantees the freedom of speech and expression and other

rights related to personal liberty and public freedom. These are
constitutional freedoms that can be restricted only in certain situations.

Key Points of Article 19:

1. Six Fundamental Freedoms under Article 19:

o Freedom of speech and expression (19(1)(a)): The right to
express one’s opinions freely through speech, writing, media, etc.
o Freedom to assemble peaceably and without arms (19(1)(b)):
The right to hold peaceful assemblies.
o Freedom to form associations or unions (19(1)(c)): The right to
form any association, club, or trade union.
o Freedom to move freely throughout the territory of India
(19(1)(d)): The right to travel anywhere in India.
o Freedom to reside and settle in any part of the territory of
India (19(1)(e)): The right to choose your place of residence and
settle anywhere in India.
o Freedom to practice any profession or carry on any
occupation, trade, or business (19(1)(g)): The right to engage in
any legal profession, occupation, or business.
2. Reasonable Restrictions:
o The State can impose restrictions on the rights in the interests of:
 Sovereignty and integrity of India,
 Public order,
  Security of the State,
 Friendly relations with foreign countries,
 Decency or morality,
 Contempt of court,
 Defamation, and
 Incitement to an offense.

These restrictions must be reasonable, and their application should not

be excessive or arbitrary.

Relation to the Case:

 Article 25: The petitioners in the case may argue that the state’s
involvement in the temple inauguration, by providing financial support,
declaring a national holiday, and broadcasting the event, violates
secularism and represents excessive state interference in religious affairs,
which is against the freedom of religion protected by Article 25.
 Article 19: The orders from certain states to restrict live telecasts of the
inauguration could be challenged on the grounds that it violates freedom
of speech and expression (Article 19(1)(a)) and the freedom to receive
information. The state restrictions must be shown to be reasonable under
the restrictions allowed in Article 19.

According to ChatGPT, the final consideration for winning the case is as

follows:

In a moot court, the winning side depends significantly on how well

arguments are presented, how evidence is interpreted, and how
convincingly the law is argued. However, given the nature of the
questions raised (especially regarding basic structure, secularism, and
fundamental rights), the petitioners challenging the government’s
actions and amendments may have a higher probability of winning,
assuming they present their case strongly with relevant precedents and
logical arguments.
 ~ Preparing memorials for a moot court competition involves presenting
arguments in a structured and organized manner. Here's a step-by-step
guide to help you prepare your memorials effectively:

1. Understand the Problem

 Read the moot court proposition carefully.

 Identify the main issues raised in the problem.
 Understand the facts, the parties involved, and the legal aspects (laws,
precedents, articles, etc.).

2. Research Thoroughly

 Gather relevant statutes, case laws, and legal principles related to the
issues raised.
 Use legal research tools, textbooks, online databases (like JSTOR, SCC
Online, Manupatra, etc.), and judgments that are applicable.
 Make sure you’re aware of both sides of the argument (for the petitioner
and respondent) as you'll need to prepare arguments for both.

3. Structure of the Memorial

A memorial typically includes several sections. Here is the basic format:

I. Title Page

 Court Name
 Title of the Case
 Parties (Petitioner/Respondent)
 Name of the Team (with your names)
 Moot Court Competition Name
 Date of submission

II. Table of Contents

 List of all the sections of your memorial, along with page numbers for
quick reference.

III. List of Abbreviations

 Use standard legal abbreviations (e.g., "CPC" for Civil Procedure Code,
"SC" for Supreme Court).

IV. Issues
 List all the issues raised in the problem. These should be framed
concisely and clearly.
 Example: "Whether the [Law] violates [Fundamental Right]?"

V. Statement of Jurisdiction

 Mention why the court has jurisdiction to hear the case.

 Include relevant articles of the Constitution, or legal provisions, for the
jurisdiction of the court.

VI. Statement of Facts

 Present a clear and concise summary of the facts of the case.

 Stick to the facts and avoid any opinions or assumptions.

VII. Summary of Arguments

 Briefly state the major arguments you will be presenting in the memorial.
 Mention both sides of the argument, focusing on the key issues.

VIII. Arguments (Main Body of the Memorial)

 This is the most important part of the memorial.

 Organize your arguments under headings or subheadings for each issue.
o Legal Arguments: Discuss relevant laws, articles, case laws, and
precedents.
o Analysis: Analyze how the law applies to the facts of the case.
o Application: Apply the legal principles to the facts of the problem.
 Be sure to cite relevant cases, statutes, and legal principles.
 Each argument should be logically connected and backed with reasoning.

IX. Conclusion

 Summarize your arguments and state your final request to the court.
 For example: "In light of the above arguments, it is prayed that the court
may declare [specific relief]."

X. Prayer

 Request the relief you seek from the court.

 Example: "It is therefore prayed that the Hon'ble Court may dismiss the
appeal and uphold the decision of [lower court]."

4. Formatting
 Use professional formatting: Times New Roman, size 12 font, 1.5 line
spacing, and justified alignment.
 Footnotes should be used for citations and references (preferably
Bluebook or Indian citation style).
 Be concise and stick to the word limit.
 Ensure proper referencing and citation of cases, statutes, and authorities.

5. Argument Development

 For the Petitioner (Plaintiff):

o Build strong, logical arguments based on legal precedents and
principles.
o Refer to past judgments that support your side.
o Address counter-arguments effectively.
 For the Respondent (Defendant):
o Identify weaknesses in the petitioner’s arguments.
o Provide alternative interpretations of laws and facts.
o Use precedents to defend your stance.

6. Language and Clarity

 Use formal, legal language throughout the memorial.

 Avoid unnecessary legal jargon or complicated language.
 Be clear and precise in your arguments.

7. Proofreading and Revision

 After completing the memorial, thoroughly proofread it to ensure there

are no typographical or grammatical errors.
 Ensure that the memorial flows logically from one argument to the next.
 Double-check that all citations are correctly formatted.

8. Practice the Presentation

 Once your memorial is ready, practice presenting your arguments.

 Be prepared to defend your position and counter opposing arguments
during the oral round.
About 118th amendment act 2023 of India:

The 118th Amendment Act, 2023, also known as the 106th Amendment to the
Constitution of India, primarily focuses on the reservation of seats for women
in legislative bodies, which includes Parliament and the Legislative Assemblies
of States and the National Capital Territory (NCT) of Delhi.
Key provisions of the amendment are:
1. Reservation for Women: Seats are now mandated to be reserved for
women in:
o The House of the People (Lok Sabha).
o The Legislative Assemblies of States.
o The Legislative Assembly of NCT Delhi.
2. One-third Reservation: A significant portion of the seats reserved for
Scheduled Castes (SC) and Scheduled Tribes (ST) will be allocated to
women. Specifically, one-third of these reserved seats in the Lok Sabha
and Legislative Assemblies will be reserved for women belonging to SCs
and STs.
3. Delimitation and Rotation: These reservations will take effect after a
delimitation exercise is conducted based on census data, following the
publication of figures from the first census after the commencement of
this amendment. The reservation system will continue for 15 years, with
provisions for rotating these reserved seats as determined by
Parliament.
This amendment is a step forward in ensuring greater representation of women
in India's legislative processes, enhancing their participation in both the Lok
Sabha and State Assemblies

The "118th Amendment Act," proposed in 2023, stirred controversy by

suggesting the removal of the words "socialist" and "secular" from the
Preamble of the Indian Constitution. These terms, added through the 42nd
Amendment during the Emergency period in 1976, represent India’s
commitment to a state that is neutral toward religions (secular) and promotes
social justice and equality (socialist).
Proponents argue that these additions reflect an ideological imposition that
does not align with India's original Preamble, which simply declared India a
"sovereign democratic republic." Opponents, however, believe that removing
"socialist" and "secular" could dilute the inclusive and pluralistic vision of India
and undermine foundational values that support equal treatment of all
religions and social equity
.
The amendment has sparked a significant debate, balancing views of
ideological purity in the Constitution with the practical need to reflect India’s
evolving democratic identity.

The terms "socialist" and "secular" in the context of the Indian Constitution
refer to key ideological principles that guide India's governance:
1. Socialist: This term was added to the Preamble of the Indian
Constitution through the 42nd Amendment Act of 1976. It reflects
India's commitment to social and economic equality. A socialist state is
one that seeks to reduce economic disparities and provide basic welfare
to all citizens, particularly focusing on the upliftment of disadvantaged
sections of society, such as the poor and marginalized. It emphasizes a
system where the government plays an active role in regulating the
economy to ensure equitable distribution of wealth and opportunities.
2. Secular: The inclusion of "secular" also came with the 42nd
Amendment, and it underscores the principle that India does not have
an official religion. In a secular state, the government remains neutral
regarding religion and ensures that individuals can practice their faith
freely without interference from the state. It promotes religious
tolerance and equality among different faiths, ensuring that all religions
are treated equally under the law.
These terms reflect the values of inclusivity and equality, aiming to build a
society where economic justice and religious freedom are fundamental
principles