MOOT PROBLEM

1. The state of Erangle is a quasi-federal state with strong unitary features. Erangle, which
became a sovereign democratic republic in 1947, comprises more than 25 states and a
few union territories. It follows a parliamentary system of government with the federal
Parliament comprising upper and lower houses. An indirect method of election is
followed to choose members of the upper house while a direct method (wherein adults
above the age of 18 years exercise their voting rights) is followed to choose members of
the lower house. Both the houses are headed by the President, who is only a titular head
of the state. The actual powers under the parliamentary system lie with the Prime
Minister, the de facto chief of the state of Erangle The Prime Minister heads the council
of ministers, who represent the majority party in the lower house of the Parliament. Right
now, the majority party in Erangle is the Federalist Party.

2. A bill (except a money bill, in which case the bill has to be originated in the lower house
only) may be originated either in the upper house or in the lower house, as the case may
be, and after the bill is passed in both the houses of the Parliament after relevant
deliberations and scrutiny (by a few Parliamentary Committees established for this
purpose), it is sent for the assent of the President of the state of Erangle Once the
President accords assent to the bill, it becomes an Act, a living law.

3. Compared to its neighbors, Erangle is a rich country and provides a lot of work
opportunities to its citizens. For this, many communities and social groups living in the
adjoining countries have been migrating to Erangle legally or illegally. The karakin

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 community is one of those that has consistently crossed borders in search of better lives
and livelihood in Erangle Since the past few years, the number of people crossing borders
has been severe high resulting in sporadic protests by the local communities especially
those thriving in the border regions. The localities alleged that their work opportunities
had terribly shrunk because of such migration. Following a series of protests across
various border regions of the state of Erangle regarding illegal immigration of people
especially from the karakin community, a minister from the Federalist Party tabled a bill
in the lower house of the Parliament of Erangle The bill was called the Citizenship
(Amendment) Bill, 2019. After intense deliberations and heated debates, the Bill
eventually come to light into an Act, the Citizenship (Amendment) Act, 2019, on
10.12.2019. The Act amends the relevant provisions of the Citizenship Act, 1955,
including the Third Schedule, and the Citizenship Rules, 2003. It redefines the contours
of acquisition and determination of citizenship by excluding karakin who live in large
numbers in the border countries adjoining Erangle Barring karakin the Act allows all
other communities stating that all of them barring karakin had fled persecution in their
respective home countries neighboring Erangle The Act forbids only karakin from being
naturalized citizens thereby dividing the populace of the state on racial/ethnic basis, in
clear violation of equal protection clauses enshrined under Articles 14 and 15 of the
Constitution of Erangle, 1949.

4. As an administrative measure to curb the menace of illegal immigration, the federal

5. As a pilot model, the NRC was first taken up in Shanok, one of the North-western states
of Erangle, which faces recurrent problems of cross-border infiltration, especially in
 reference to karakin Shanok has a total population of about nine million, which is nearly
one-tenth of the population of the state of Erangle The first NRC list, which was
published on 31.01.2020, excluded approximately half million people from the NRC list,
which was compiled based on certain indicators as decided by the federal government on
the basis of the existing provisions (constitutional and statutory) on citizenship. The draft
revealed that most of the excluded people did not have any reliable citizenship proof to
support their cause. The draft created another category of doubtful or dubious citizens
who allegedly did not have sufficient proof in support of their citizenship credentials.

6. Following the publication of the NRC list under the supervision of the Supreme Court,
which saw more than half a million names, especially of karakin, excluded, rampant mass
protests erupted in different parts of Shanok so much so that public life across the state
was severely paralyzed. Stray incidents of violence were also reported from tension- prone
areas and quite a few government offices and buildings were vandalized, and a few public
vehicles were torched. It was alleged that the violent activities were carried out especially
by a section of those excluded people who were facing the imminent danger of
statelessness and subsequent deportation to the countries they originally belonged to. The
state government of Shanok found it hard to tackle such a sensitive issue.

7. Shanok state capital is Miramar, a happening place that integrates varied customs and
tradition, promotes the culture of democratic protests and protects fundamental freedoms
of individuals and social groups. The blending of culture, the mixing of races and other
cultural and social peculiarities typical to Miramar has motivated the establishment of
diverse institutions and cultural and social organizations that vouch for human rights,
animal rights, green environment, refugee-related problems, drug trafficking, etc., among
other things. Most of these social organizations are incorporated and registered either
under the Societies Registration Act, 1860 or under the Erangle Trusts Act, 1882.

8. The Miramar Law Forum (MLF) is one such organization that was incorporated in 1982
as per the relevant provisions of the Societies Registration Act, 1860. The primary
objectives of this organization are to fight for social causes, to ensure access to justice by
providing free legal aid to those who can’t afford it, to promote legal awareness by using
 the media, including new media, and to publish articles and reviews in a quarterly
journal, a registered one, relating to laws and their violations. MLF is headed by eminent
jurists, journalists, social scientists and activists.

9. The Forum had often filed Public Interest Litigations and writ petitions both in the High
Court of Shanok and in the Supreme Court of Erangle Following mass protests on the
Citizenship (Amendment) Act, 2019 and the NRC data collection process, the Forum
decided to file a writ petition before the Hon’ble High Court of Shanok; the petition
questioned the constitutionality of the Citizenship (Amendment) Act, 2019 in light of
Articles 14 and 15 of the Constitution of Erangle, 1949, and the veracity of the NRC data
collection process. The Hon’ble High Court of Shanok admitted the petition and kept the
date of hearing on 20.03.2020.

10. One of the members of the Forum is Prof. (Dr.) Shang-chi, a retired professor of
Sociology, who has extensively conducted research studies on mass migration, social
movements and class conflicts. He is a champion of human rights and a devoted social
activist. He served as a professor of the University of Yggdrasil between 10.12.1982 to
15.12.2016, following which he superannuated from his post and services. Many Students
of the University of Yggdrasil and of other academic institutions adore him not only for
his great oratory skills but also for his steadfastness and conviction to stand against any
violation of human rights and dignity.

11. Prof. (Dr.) Shang-chi was erstwhile the resident of the state of Gallopolis. Gallopolis,
which adjoins Erangle, is strife with regional and ethnic tensions. He along with his family
members moved from the state of Gallopolis to the state of Erangle on 03.12.1962,
following ethnic cleansing and a genocide-type situation. When he left his mother state, he
was barely 10-years-old. Since then, he and his family has been staying in Shanok.
Although they were initially treated as refugees but over time the government of Shanok
started recognizing them as citizens and issued identity cards such as Election card,
driving licence, etc.
12. The first NRC list classified him and a few of his family members as doubtful or dubious
citizens. A few others of his family members were excluded from the list. He had to run
from pillar to post to have the issues addressed through the state government executives.
But nothing fruitful ensued and he was subjected to a lot of humiliation and harassment.
Demoralized and intimidated by his harrowing experiences, Prof. (Dr.) Shang-chi decided
to pitch the matter up and to sensitize the community about the futility and infirmity of
the Citizenship (Amendment) Act, 2019 in general and the NRC data collection process
in particular. On 7th March, 2020 he addressed a mass gathering in a public place in
Miramar, which witnessed the presence of more than 2000 persons that counted in people
from the academia, including a few of his erstwhile colleagues, and a large number of
people from the karakin community. Excerpts from his speech…

“Dear all, we must understand that we are in an anarchy. The way the state government
of Shanok is listing citizens only indicate a malafide intention of the government to not
only oust a certain community but also promote a totalitarian regime that demeans the
culture of protest. The Chief Minister of the state is corrupt and incompetent and is
blindly giving in to the dictates of the Prime Minister without even applying his mind.
Under him, the state of Shanok and the capital city of Miramar will be converted into a
war zone in no time and a genocide-type situation will become the order of the day.
When people like me with valid citizenship documents are subjected to such agony, think
about those who do not possess the requisite documents to prove that they are the citizens
of the state of Erangle Time has come for a change and we must overthrow the state
government by any means. We must not take things lying down since the government
and its institutions are infringing our human rights, including our right to life and liberty.
Under the circumstances, I request you to come forward and join hands to oust the
Shanok government either by force or by any other applicable means...”

13. Following the powerful public speech, many of his followers, friends and colleagues,
especially from the MLF, started accusing the incumbent Shanok government and shared
photos, documents and anecdotes alleging the misrule of the government in handling the
NRC crisis. When the state government heard about the incident and its
 aftereffects that led to intense protests across the state of Shanok, the government through
its representatives filed an FIR against Prof. (Dr.) Shang-chi charging him with the
offence of sedition. Prof. (Dr.) Shang-chi was arrested subsequently and was taken out of
the state Shanok to an adjoining state Asgard. There he was kept in preventive detention
for 21 days, without being officially told the grounds of his detention.

14. In the meantime, Mr. Bruce, a lawyer, filed a bail petition on behalf of Prof. (Dr.) Shang-
chi before the Shanok District Court saying that the charges of sedition are baseless. He
also filed a writ petition before the Hon’ble High Court of Shanok stating that the arrest
and preventive detention of Prof. (Dr.) Shang-chi is without due process and is therefore in
violation of Articles 21 and 22 of the Constitution of Erangle, 1949. Mr. Bruce also argued
that Shanok did not have the necessary territorial jurisdiction to entertain such preventive
detention order and that the detention order was unconstitutional.

15. The petition filed by MLF questioning the constitutionality of the Citizenship
(Amendment) Act, 2019 and the veracity of the NRC data collection process and the
petition challenging the arrest and preventive detention of Prof. (Dr.) Shang-chi were
clubbed by the Hon’ble High Court of Shanok The date of hearing is 09.08.2020.

The Hon’ble High Court of Shanok drew up the following issues:

(1) Whether the Citizenship (Amendment) Act, 2019 is in violation of Articles 14 and 15 of
the Constitution of Erangle, 1949?

(2) Whether the charge of sedition against Prof. (Dr.) Shang-chi is valid in law and in fact?

(3) Whether the arrest and detention order of Prof. (Dr.) Shang-chi is in violation of Articles
21 and 22 of the Constitution of Erangle, 1949?