4th NIU National Moot Court Competition 2024 : Moot Problem Solution

AdityaKaushik

This is a sharp legal analysis for the 4th National Moot Court Competition 2024, to be held on 28th-29th September 2024 at Noida International University. It explores both sides of the debate on the Citizenship (Amendment) Act, 2019, the National Register of Citizens, and the clash between secularism and national security, using real-world case law to dissect these critical constitutional issues.

Facts of the Case:

Context: The Republic of Indiana, a democratic nation with diverse ethnic and religious groups, and its neighbor, the Islamic Republic of Rosstan, which has a large Muslim population but remains conservative in terms of gender equality.
Main Parties Involved:
- Dua Akhtar: A citizen of Rosstan, married to Farhmaan Akhtar, and later connected with Kabir, an Indian citizen.
- Farhmaan Akhtar: Dua’s husband, living in Rosstan.
- Kabir: An Indian citizen who began a relationship with Dua via FriendBook.
Key Events:
- Dua developed a relationship with Kabir and eventually immigrated illegally to Indiana with her two children.
- The Government of Indiana passed the Citizenship (Amendment) Act, 2019 (CAA), which allows non-Muslim illegal immigrants from neighboring countries to become citizens, but not Muslims.
- Dua, fearing deportation due to her illegal status and Muslim background, is seeking refuge and legal protection in Indiana.
- Farhmaan, angered by his wife’s actions, filed a suit for Restitution of Conjugal Rights (RCR) and custody of his children in Rosstan.

Issues for Argument:

Constitutional Validity of CAA 2019: Whether the Citizenship (Amendment) Act, 2019 violates the Constitution of Indiana, particularly principles of equality and non-discrimination.
Validity of the National Register of Citizens (NRC): Whether the NRC, intended to identify illegal immigrants, is constitutionally valid and whether its application can lead to the deportation of individuals like Dua.
Secularism and CAA 2019: Whether the CAA violates the principle of secularism, which is part of the basic structure of the Constitution of Indiana.
Deportation of Dua Akhtar: Whether Dua Akhtar should be deported to Rosstan or allowed to remain in Indiana, considering her fears of persecution and the ongoing legal proceedings in Rosstan.

Arguments to Be Made:

For the Petitioner (Dua Akhtar)

Challenge to CAA 2019:
- Violation of Article 14: Argue that the CAA violates the right to equality by discriminating against Muslims, as it provides citizenship to non-Muslim illegal immigrants but excludes Muslims.
  - Case Law: Maneka Gandhi v. Union of India (1978) The Supreme Court emphasized that laws must be just, fair, and reasonable and should not arbitrarily discriminate between individuals.
- Principle of Secularism: Argue that the CAA undermines the secular fabric of the nation, violating the basic structure doctrine as established in Kesavananda Bharati v. State of Kerala (1973).
NRC Challenge:
- Arbitrary and Discriminatory Implementation: Highlight how the NRC, in combination with the CAA, disproportionately affects Muslims, leading to potential statelessness.
  - Case Law: Shayara Bano v. Union of India (2017) The court struck down arbitrary practices that violate constitutional principles.
Protection Against Deportation:
- Right to Life under Article 21: Argue that deportation to Rosstan would endanger Dua’s life and liberty, as she could face persecution or inhumane treatment.
  - Case Law: NHRC v. State of Arunachal Pradesh (1996) The court held that even illegal immigrants have the right to life and liberty under Article 21.
Jurisdictional Issues:
- International Human Rights Obligations: Argue that Indiana is bound by international treaties to protect refugees and those fearing persecution.
  - Case Law: Reference the Vishakha v. State of Rajasthan (1997), where international conventions were used to fill legal gaps.

For the Respondent (Government of Indiana / Farhmaan Akhtar)

Defense of CAA 2019:
- Reasonable Classification: Argue that the CAA creates a reasonable classification based on the distinct situations of religious minorities in neighboring countries.
  - Case Law: State of West Bengal v. Anwar Ali Sarkar (1952) Classification is permissible if it is based on an intelligible differentia and has a rational nexus with the object sought to be achieved.
- National Security Concerns: Argue that the exclusion of Muslims is justified due to national security concerns and historical context.
  - Case Law: A.K. Gopalan v. State of Madras (1950) The court recognized the state’s power to make laws in the interest of national security.
Justification of NRC:
- Legitimate State Interest: Defend NRC as a legitimate tool for identifying illegal immigrants and preserving national sovereignty.
  - Case Law: Sarbananda Sonowal v. Union of India (2005) The court upheld the necessity of identifying illegal immigrants for protecting the interests of citizens.
Deportation Justification:
- Sovereign Right to Deport: Argue that as an illegal immigrant, Dua has no legal right to remain in Indiana, and the state has the sovereign right to deport her.
  - Case Law: Hans Muller of Nurenburg v. Superintendent, Presidency Jail, Calcutta (1955) The court upheld the government’s right to deport foreigners.
Validity of RCR Claim:
- Jurisdiction and Personal Law: Argue that matters of marriage, restitution, and child custody fall under personal laws, and the courts of Rosstan have jurisdiction over these matters.
  - Case Law: T. Sareetha v. T. Venkatasubbaiah (1983) The court discussed the jurisdictional issues and the application of personal laws in matrimonial disputes.

These are foundational arguments and only meant for reference purposes. Real-life case law citations strengthen the arguments, making the positions more robust. Each side can further build on these foundations with additional jurisprudence and statutory analysis.

You can apply to this Competition by simply applying on this email 📧 until 31st August:-

[mootsociety@niu.edu.in](mailto:mootsociety@niu.edu.in)