B.M.S. COLLEGE OF LAW(Affiliated to Karnataka State Law University and

Approved by Bar Council of India)

B.M.S. EDUCATIONAL TRUST

Bull Temple Road, Basavanagudi, Bengaluru - 560 019.

Email: bmscl@yahoo.in Website: www.bmscl.ac.in

Ph: 080-26679336/26602430/26508375

B. M. SREENIVASAIAH MEMORIAL th5 NATIONAL MOOT COURT COMPETITION - 2020

26 – 28 March, 2020

FOUNDERS

SRI B.M. SREENIVASIAH SRI B.S. NARAYAN

BMSCL

öImparting quality legal education.

öSetting up new standards by:

a) Inculcating a sense of professionalism.

b) Creating a sense of rule of law and responsibility

towards society.

c) Providing globalized legal education.

öProviding an excellent, affordable and distinctive

education.

öPromoting legal knowledge and service to enrich the legal

profession and the communities we serve.

öCapitalize on unique environment we are located.

Mission

Vision

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COUNCIL OF TRUSTEES

Dr. B.S. Ragini Narayan Donor Trustee, BMSET

Chairperson, BMSCL & BMSCW

Dr. P. Dayananda PaiIndustrialist & Educationist

Chairman, BMSCE & BMSCATrustee, BMSET,

Shri. M. Madan Gopal, IAS (Retd.)Former Additional Chief Secretary, GOK

Chairman, BMSSABMSET &

BMSCL

Dr. Manjula N., IASManaging Director, BESCOM

Sri. Aviram SharmaTrustee, BMSET,

Chairman, BMSCC&M and ICD

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Principal, BMS College of LawDr. Anitha F N D'Souza

FACULTY MEMBERS

Associate Professors

Dr. Sujatha S.

Dr. Veerabhadraiah C.

Assistant Professors

Guest FacultySri. Raghuveer Prasad

Dr. Rekha Lakshman

Dr. Poonam Agarwal

Ms. Monica P.

Sri. Kanya Naik

Dr. Sathish K. S.

Dr. Nalini R.

Smt. Shwetha P.

Dr. Gayatribai S.

Dr. Roopa S.

Smt. Prathiba Singh S.

Sri. Raghuveer R. Sattigeri

Sri. Anubhav Raj Shekar

Smt. Shilpa Shenoy

Sri. Manohar L. Bhat

Smt. Shruthi T.

Smt. Roshni Sharma

Smt. Malvika Singh

Sri. Abhishek Sharma P.

Dr. Ramdhass P.

Smt. Ramya K.

Dr. Shreekara K.

Smt. Tara Gopinath

BMSCL

Sri. Harish Lambani Asst. Professor & Faculty Coordinator

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Ref: BMSCL/ /20 -20 Date:

To,

The Director/Dean/Principal

Dear Sir/Madam,

B.M.S.College of Law is pleased to announce the 5th edition of B.M.Sreenivasaiah MemorialthNational Moot Court Competition 2020 scheduled to be held from 26 to 28 March, 2020.

On behalf of the entire fraternity of B.M.S. College of Law, Invitation is hereby extended toyour esteemed Institution to participate in the Moot Court Competition.

Looking forward to your team’s participation.

Warm regards,

(Dr. Anitha F N D’Souza) Principal

Encl: Moot Proposition, Rules and Registration Form.

th

Greetings from B.M.S. College of Law, Bengaluru!

Sub: INVITATION TO PARTICIPATE IN THE B.M.SREENIVASAIAHTH MEMORIAL 5 NATIONAL MOOT COURT COMPETITION 2020

MOOT PROPOSITION

1. The Republic of Selandia (“RoS/Selandia”) is a multi-cultural and multi-ethnic country with a developing economy and having a population of more than 1 (one) billion and continues to grow tremendously every year. RoS is a Union of States having 28 states with a Quasi-Federal system of governance and has a democratically elected government once every 5 (five) years for both the Union and the States.

2. The Selandians are largely peaceful and the demographics of Selandia is such that 79.8% of the population practices a polytheistic religion called as Ubuntu, 14.2% adheres to monotheistic a religion called as Bantu, while the remaining 6% adheres to other religions such as Christianity, Sikhism, Buddhism, Jainism, etc. In fact, Selandia prides itself worldwide for its Unity in Diversity and the supreme lex of the country, the Constitution of Selandia, reflects the Secular ethos.

3. Selandia attained Independence in the year 1947 after having undergone a bloody partition on religious lines and was divided into 2 parts – Republic of Selandia and Republic of Mordor. The partition resulted in the majority of the Bantu shifting to Mordor, whereas the majority of the Ubuntu shifted and/or continued to remain in Selandia. Selandia on attaining Independence became a secular state, while Mordor became a theocratic state whose state religion was Bantu and all other communities remaining in Mordor were continuously persecuted and treated as second class citizens. In the year 1971, due to civil war in Mordor, a portion of Mordor separated from Mordor and formed a separate country namely, 'East Mordor', which like its parent State of Mordor, is a Bantu dominated theocratic country. Selandia shares its International borders with 7 different countries including East Mordor and Mordor, the longest one being with East-Mordor.

4. Selandia has also recently started to garner some reputation for its humanitarian approach towards domestic and international issues and its increased adherence to the principles enshrined in various international human rights covenants. This has resulted in widespread appreciation from countries across the world and International Organisations such as the United Nations.

5. Selandia follows a Parliamentary System of governance in which the President is the Ceremonial Head of Union and the Commander-in-Chief of the Armed Forces whilst the elected Prime-Minister acts as the Head of the Executive, and is responsible for running the Union government. The Parliament is bicameral in nature, with the Lok Sabha being the Lower House, and the Rajya Sabha as the Upper House. The Judiciary systematically contains the Supreme Court which is the apex court of the Union and each State having its own High Courts which are highest law courts of the States and sub-ordinate to the Supreme Court, and several District Courts, all sub-ordinate to the High Courts.

6. The Prime Minister is appointed by the President of Selandia from the party or coalition that has the majority of seats in the Lok Sabha. The members of the Lok Sabha are directly elected for a term of five years by universal adult suffrage through a first-past-the-post voting system. Members of the Rajya Sabha, who represents the states, are elected by the members of State Legislative Assemblies by proportional representation, except for 12 members who are nominated by the President. Selandia is currently the largest Democracy in the world, with around 850 million eligible voters, as of 2019.

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7. In the year 2003, the Central Government of Selandia amended the Citizenship Act, 1955 by way of the Amendment Act, 2003 and inserted, inter-alia, the following provisions:“Sec.3 Citizenship by birth. - (1) Except as provided in sub- section (2), every person born in Selandia-(a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987;(b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship

(Amendment) Act, 2003 and either of whose parents is a citizen of Selandia at the time of his birth;

(c) on or after the commencement of the Citizenship (Amendment) Act, 2003, where-(i) both of his parents are citizens of Selandia; or(ii) one of whose parents is a citizen of Selandia and the other is not an illegal migrant at the time of his birth, shall be a citizen of Selandia by birth.

(2) A person shall not be a citizen of Selandia by virtue of this section if at the time of his birth-(a) either his father or mother possesses such immunity from suits and legal process as is

accorded to an envoy of a foreign sovereign power accredited to the President of Selandia and he or she, as the case may be, is not a citizen of Selandia; or

(b) his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy”.

“Sec.14A. Issue of National Identity Cards.- (1) The Central Government may compulsorily register every citizen of Selandia and issue

National Identity Card to him.(2) The Central Government may maintain a National Register of Selandian Citizens and for

that purpose establish a National Registration Authority.(3) On and from the date of commencement of the Citizenship (Amendment) Act, 2003, the

Registrar General, Selandia, appointed under sub- section (1) of Section 3 of the Registration of Births and Deaths Act, 1969 (18 of 1969 ) shall act as the National Registration Authority and he shall function as the Registrar General of Citizen Registration.

(4) The Central Government may appoint such other officers and staff as may be required to assist the Registrar General of Citizen Registration in discharging his functions and responsibilities.

(5) The procedure to be followed in compulsory registration of the citizens of Selandia shall be such as may be prescribed.”

8. Pursuant to the amendment in 2003, the Government of Selandia notified 'The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003' (“NIC Rules”). Under the NIC Rules: (a) Rule 3 (1) mandated that the Registrar General of Citizen Registration shall establish and

maintain the National Register of Selandian Citizens; (b) Rule 3 (3) stipulated that contents of the National Register of Selandian Citizens shall

have particulars in respect of every Citizen, namely—(i) Name; (ii) Father's name; (iii) Mother's name; (iv) Sex; (v) Date of birth; (vi) Place of birth; (vii) Residential address (present and permanent);(viii) Marital status —If ever married, name of the spouse; (ix) Visible identification mark; (x) Date of registration of Citizen; (xi) Serial number of registration; and (xii) National Identity Number.

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Rule 3 (4) stipulated that the Central Government may, by an order issued in this regard, decide a date by which the Population Register shall be prepared by collecting information relating to all persons who are usually residing within the jurisdiction of Local Registrar.

(d) Rule 3 (5) stipulates that the Local Register of Selandian citizens shall contain details of persons after due verification made from the Population Register.

9. The Ubuntu Peoples Party (UPP) is the party that currently holds the majority in the Lower House of the Parliament and forms the Central Government of Selandia. During its 2019 Lok Sabha campaign, the UPP promised to amend the Citizenship Act, the central legislation dealing with the identification and grant of citizenship in Selandia, to allow certain persecuted religious minorities in neighbouring countries of East Mordor, Mordor and Ghanistan to apply for citizenship in Selandia by relaxing conditions for citizenship.

10. Subsequently, in the year 2019, the Government of Selandia presented a Bill titled 'Citizenship (Amendment) Bill, 2019' (“Bill”) in the Lower House of Parliament seeking to amend Section 2 and the Third Schedule of the Citizenship Act, 1955 (hereinafter referred to as the “Principal Act”). The extract of the amendment to be passed as under the Bill is reproduced below:

“Amendments 1. In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, in sub-

section (1), after clause (b), the following provisos shall be inserted, namely: —Provided that persons belonging to minority communities, namely, Ubuntus, Sikhs, Buddhists, Jains, Parsis and Christians from Ghanistan, East Mordor and Mordor, who entered into Selandia on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into Selandia) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made there under, shall not be treated as illegal migrant for the purposes of this Act;

2. In the principal Act, in the Third Schedule, in clause (d), the following proviso shall be inserted, namely: —Provided that for the persons belonging to minority communities, namely, Ubuntus, Sikhs, Buddhists, Jains, Parsis and Christians from Ghanistan, Mordor and East Mordor, the aggregate period of residence or service of a Government in Selandia as required under this clause shall be read as “not less than five years” in place of “not less than eleven years”

11. During the discussion on the Citizenship Amendment Act - 2019, Union Home Minister Nasser Sylvester announced that the government would bring a nationwide NRSC (National Register of Selandian Citizens). Thereafter, the Bill faced a lot of opposition in the Upper House of the Parliament. The opposition parties namely the Selandia National Conquest (SNC) and the All Selandian Bantu Unity Dal (ASBUD) stated that the Bill violated the very fabric of secularism enshrined in the Constitution and was ultra vires the Constitution. The Opposition also raised an issue of the Bill introducing a new classification for grant of citizenship which was never envisaged in the Constitution or the Citizenship Act and arbitrary against the secular fabric of the country. After a robust, meaningful debate discussing the pros and cons of the Bill, the same was passed with majority before the Lok Sabha and thereafter, tabled before the Rajya Sabha. While celebrating the passage of the bill before the Lok Sabha, the Prime Minister John Balboa addressed the nation stating that “The Citizenship (Amendment) Bill, 2019 is not for the benefit of anyone but a penance against the injustice and wrongdoings in the past.” The bill was subsequently passed by the Rajya Sabha without any amendment and received the assent of the President on November 30, 2019. The Citizenship Amendment Act, 2019 was subsequently published in the Official Gazette on December 12, 2019 (“Amendment Act”).

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12. The SNC raised a hue and cry that the Amendment Act was a product of vote bank politics to please the Ubuntu majority in the country. A group of protestors said to have been backed by the SNC and ASBUD staged protests for days vehemently opposing the Amendment and created discord and violent riots throughout Selandia. The leader of the Opposition, Dr. Ernst Blofeld from the SNC stated that the “Amendment Act, explicitly and blatantly seeks to enshrine religious discrimination into law, contrary to our long-standing secular constitutional ethos”. Dr. Ernst Blofeld has filed a writ petition under Article 32 of the Constitution of Selandia before the Supreme Court of Selandia, challenging the vires of the Amendment Act as being violative of principles of equality and discriminating against the Bantu by violating the principles of secularism enshrined under the Constitution of Selandia. The same was posted by the Supreme Court of Selandia for hearing objections of the Central Government in the month of March 2020 along with a number of other petitions filed against the Amendment Act on similar grounds.

13. In the meantime, the Central Government of Selandia by way of a gazette notification dated December 13, 2019 (“Notification”) notified the provisions pertaining to preparation of the National Population Register which reads as follows: “In pursuance of sub-rule (4) of rule 3 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, the Central Government hereby decides to prepare and update the Population Register (PR) and the field work for house to house enumeration throughout the country except State of Rivendale for collection of information relating to all persons who are usually residing within the jurisdiction of local registrar shall be undertaken between the 1st day of April 2020 to 30th September, 2020.” The State of Rivendale is a state in the Republic of Selandia that had NRSC conducted under the guidance of the Supreme Court of Selandia and hence, outside the ambit of the Notification.

14. ASBUD had a majority in the state of San Monique which was a state in Selandia and its Chief Minister was Dr. Harlem Kananga being elected from the ASBUD Party. The UPP was the principle opposition party in the State of San Monique. Dr. Harlem Kananga being a vocal critique of the Amendment Act and the Notification tabled a petition and thereafter, introduced a resolution on January 05, 2020 (“Resolution”) in the Assembly of the State of San Monique criticising the passing of the Amendment Act and Notification as being anti-Bantu and being against the secular ethos of the Constitution of Selandia. The UPP boycotted the Assembly during discussion of the resolution stating that introduction of the resolution is inappropriate and not in accordance with the applicable laws and the State Government was under the obligation to implement the law of the land. The Resolution was thereafter passed with overwhelming majority by members of ASBUD and SNC. The Resolution also recorded that the Government of San Monique would protest and not co-operate with the Central Government of Selandia in implementing the provisions of the Amendment Act and Notification under the NIC Rules in the state of San Monique.

15. The Governor of the State of San Monique on being informed of the Resolution being passed by the State Assembly of San Monique, prepared and sent a report to the President of Selandia, that passing of the Resolution by the Assembly of San Monique amounted to breakdown of constitutional machinery and was against the principle of cooperative federalism under the Constitution of Selandia. The President on being satisfied with the Report of the Governor, acting on the advice of the council of ministers, by way of a Proclamation under Article 356 (1)of the Constitution of Selandia dated February 04, 2020 dissolved the State Assembly of San Monique. The Proclamation dated February 04, 2020 was subsequently approved by the Lower House of the Union on February 06, 2020 and is awaiting approval of the Upper House of the Union.

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16. Pending approval of the Upper House of the Union, the Chief Minister of the State of San Monique filed a Petition before the Supreme Court stating that the action of the President in passing the Proclamation was faulty and that the State Assembly was fully within its rights of passing the Resolution. That the State Assembly in passing the Resolution was upholding the law of the Constitution of Selandia, in that it only reiterated secularism and equality being the guiding principles of the Constitution which should be followed though-out San Monique and non-cooperation along with right to dissent is a freedom granted under the Constitution of Selandia. Further, the members of State Assembly in passing the Resolution were also exercising their right of dissent against an unjust law passed by the Central Government and hence, fully within their rights in passing the Resolution. Dr. Harlem Kanango also stated in his petition that the Resolution being passed was part of the privileges being accorded to the members of the State Assembly in exercising their freedom of speech and hence, cannot be deemed to constitute an event leading to breakdown of constitutional machinery.

17. The Republic of Selandia has resisted the petition filed by Dr. Harlem Kananga as not being maintainable and liable to be dismissed, inter-alia, on the grounds that the principles of cooperative federalism are of utmost importance and essential for the survival of the Union. In any case, unless any law shall not be deemed to be unconstitutional unless held so by a court of law and that the law passed by the Central Government in the Parliament is the mandate given to it by the people of the Selandia. Further, the freedom of speech as available to members of the State Assembly is not absolute and it is required to be used in such a measured manner so as to uphold the constitutional principles of Selandia. The demand in the Resolution for scrapping of the Amendment Act and Notification and the threat of non-cooperation with the Central Government amounted to breakdown of cooperative federalism within Republic of Selandia which actions have to be nipped in the bud or would otherwise send a wrong message to the rest of the States in Republic of Selandia.

18. The Supreme Court has raised the following issues and has now posted the matter to be heard on merits for final arguments:

ISSUES RAISED

a. Whether the Petition filed by the Petitioner is maintainable before the Hon'ble Supreme Court of Selandia?

b. (i) Whether the Resolution dated January 05, 2020 passed in the Assembly of the State of San Monique is in accordance with the applicable law?

(ii) Whether passing of the Resolution by the Assembly of San Monique amounts to break down of cooperative federalism and constitutes a breakdown of constitutional machinery for the purposes of Article 356 of the Constitution of Selandia?

c. Whether the Proclamation of the President of the Republic of Selandia for dissolution of the Legislative Assembly of San Monique is proper in law and in accordance with the applicable provisions of law?

19. A bench of 'appropriate strength' before the Hon'ble Supreme Court has been constituted by the Chief Justice of Selandia to consider all the above issues raised.

***Selandia after attaining Independence has adopted a Constitution which is verbatim the same as that of the constitution of the Republic of India and hence, all applicable laws in the Republic of India are in pari-materia applicable to the Republic of Selandia.

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RULES OF THE COMPETITION

I. Date and Venue:26-28 March, 2020 at B.M.S. College of Law, Bull Temple Road, Basavanagudi, Bengaluru – 560019

II. Dress Code: Ladies: Black trousers, White shirt, Black blazer and Black formal shoes. Men: Black trousers, White shirt, Black tie with Black blazer and formal Black shoes.

III. Language: The entire proceedings in the competition, written as well as oral, shall be in English.

IV. Eligibility: The competition is open for law students currently pursuing Bachelor's Degree in Law i.e. 3 Year LL.B. or 5 Year LL.B. Programme.

V. Team Composition: Each team shall consist of 3 members. This number cannot be modified under any circumstances. Each team shall include two orators, who will be accompanied by one researcher, all of whom shall have to be accordingly designated during the registration process. Each team will be allotted a team code. The team code shall be sent to the teams through mail after the registration is complete. Teams shall not disclose their identity or of their institution or city during any time of the competition; such disclosure shall invite penalties including disqualification. The entries are restricted to 24 (Twenty Four) teams on first registration basis.

VI. Registration: 1. The registration fee for the competition is Rs. 3500/- (Rupees Three Thousand Five hundred only). All the teams are

required to make the payment in the form of a bank draft drawn in the name of PRINCIPAL, BMS COLLEGE OF LAW, BENGALURU. Soft copies of Registration Form and bank draft shall be sent to bmsclnationalmoot5@gmail.com latest by the 24 Feb, 2020 and the hard copy of the Registration Forms which contain the details of the students taking part along with the hard copy of the draft should be submitted latest by 06 March, 2020 addressed to: THE PRINCIPAL (B.M. SREENIVASAIAH MEMORIAL 5th NATIONAL MOOT COURT COMPETITION - 2020), BMS COLLEGE OF LAW, Bull Temple Road, Basavanagudi, Bengaluru – 560019.

2. The registration form shall contain the details of the participants, signature and seal of the Head of the Institution/Faculty in charge of MCC. Each team must register by filling the enclosed Registration Form.

VII. Memorandum of Written Submissions: 1. The following requirements must be strictly followed with respect to submission of Memorandum of Written

Submissions. Non- conformities will be liable to penalties while awarding marks thereon. a. Each team must prepare Memorandum of Written Submissions for both sides to the dispute (Petitioner and

Respondent). b. Once the Memorandum of Written Submissions have been submitted, no revisions, supplements, or

additions will be allowed, however, teams may carry annexure along with and can submit them in the beginning of each round.

c. Teams shall send a soft-copy of the Memorandum of Written Submissions in Adobe PDF format only, via Email to bmsclnationalmoot5@gmail.com on or before 11 March, 2020.

d. All participating teams shall submit 6 sets of written memorials (Six sets i.e., 6 for Petitioner and 6 for Respondent - totally 12 copies) must reach the organizers latest by the 16 March, 2020. Participants are advised to carry copies of Memorandum of Written Submissions during the competition for their own perusal.

e. Not adhering to the rules and late submission of Memorandum of Written Submissions will lead to deduction of 3 Marks and 5 Marks for each day of delay respectively. Any revisions, supplements or additions to the Memorandum of Written Submissions after submission shall not be allowed.

f. The Memorandum of Written Submissions have to be submitted on typed A4 size paper printed on one side and must contain the following mandatory heads:w Team code on top right corner of 1st page w Cause Title (Identity of the College/ Participant should not be disclosed)

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w Table of Contents w Index of Authoritiesw Statement of Jurisdictionw Statement of Facts (not exceeding 1 page)w Issues Roundw Summary of Arguments (not exceeding 3 pages)w Arguments Advanced (not exceeding 25 pages) w Prayer (not exceeding 1 page)w Appendix (Optional) w Exhibits (Optional)w Total No. of 45 pages

2. Format Requirements: The written Memorials shall confirm to the below mentioned standards:

Font: Times New Roman Font Size: 12 and for footnotes 10 Line Spacing: 1.5 Margin: 1 inch Memorandum of Written Submissions should be spiral bound and not stapled. Cover page must be placed on written Memorials as follows:Petitioner - Blue Colour Respondent - Red Colour.

Evaluation of Written Submissions: The Memorials submitted by the teams will be evaluated by a team of experts and marks will be notified before the commencement of the competition and memorial marks will be carried forward in each round of the competition. (i.e. from Preliminary round to Final round of the Competition). Since the arguments put forth by the competitors are based on memorials submitted, the memorial marks become an essential element in every round of the competition. A total of 100 Marks will be awarded for each side of the Memorandum of Written Submissions.Parameters for Marking Memorandum of Written Submissions shall be:

VIII. Structure of Oral Rounds. The oral round shall comprise of two Preliminary Rounds, Quarter-Finals, Semi-Finals and a Final Round.

1. Preliminary Rounds:i. There shall be two preliminary rounds. Every team shall be given the opportunity to argue each side in the

Preliminary Rounds which shall be determined by way of draw of lots. ii. a. There shall be two preliminary rounds for 60 minutes each. Every team will get a total of 30 minutes to present

their case. The time includes rebuttal and sur-rebuttal. The division of time between the speakers is at the discretion of the team members subject to the maximum of fifteen minutes for any one speaker and allocation of time must be communicated to the Court-clerk. Any extension of time beyond this specified period is subject to the discretion of the Panel.

b. No Orator of a Team shall speak for more than 15 minutes, including the time reserved for rebuttals. c. No team shall reserve more than 5 minutes for Rebuttals. d. No Researcher of any Team will be permitted to speak but would be allowed to communicate with his/her team

members in a discreet manner.

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Logical progression of ideas. Originality in analysis and arguments.

Understanding essential legal issues presented. Clear, concise and unambiguous writing style.

Forceful and persuasive presentation. Integration of facts into legal arguments. Understanding and analysis of authority. Proper use of citations and citation form.

Effective use of authority to support arguments. Neatness, legibility, no types or format errors

SL. NO. PARAMETERS MAXIMUM MARKS

TOTAL

10

10

10

10

10

10

10

10

10

10

100

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

e. Top eight teams on their cumulative marks scored in oral presentation as well as in the written submission shall be qualified for the Quarter-Final Rounds. In case of a tie, the teams shall advance to the next round on the basis of highest memorial score. If the tie is still not broken, then the highest speaker score will determine which team advances to the Quarter-finals.

2. Quarter Final Rounds: Qualifying teams shall argue on only one side in the Quarter Finals and the side to be represented by the team shall be determined by way of draw of lots. Each team shall get a total of 30 minutes to present their case. The time includes rebuttal and sur-rebuttal. The division of time between the speakers is at the discretion of the team members subject to the maximum of fifteen minutes for any one speaker. In determining the winner in the Quarter-final rounds, Memorial scores of the respective side will be added to the oral scores. Top four teams of the Quarter-final round shall advance to the semi-finals.

3. Semi Final Rounds: Qualifying teams shall argue only on one side in the Semi- Finals and the side to be represented by the team shall be determined by way of draw of lots. Each team shall get a total of 30 minutes to present their case. The time includes rebuttal and sur-rebuttal. The division of time between the speakers is at the discretion of the team members subject to the maximum of Fifteen minutes for any one speaker. Each qualifying team shall communicate to the court-clerk about their allocation of 30 minutes.

In determining the winner in the Semi-final rounds, Memorial scores of the respective side will be added to the oral scores. Top two teams of the Semi-final rounds shall advance to the Final round of the Competition.

4. Final Round: Each team shall get a time of 45 minutes to present their case. The time includes rebuttal and sur-rebuttal. The division of time between the speakers is at the discretion of the team members subject to the maximum of twenty-five minutes for any one speaker. Each qualifying team shall communicate to the court-clerk about their allocation of 45 minutes.

a) No Orator of a Team shall speak for more than 25 minutes, including the time reserved for Rebuttals. b) No Team shall reserve more than 5 minutes for Rebuttals. c) No Researcher of any Team will be permitted to speak but would be allowed to communicate with his/her

team members in a discreet manner. d) In determining the winners in the Final round, Memorial scores of the respective side will be added to the oral

scores. Note: The Memorial Scores of the teams shall be taken into consideration along with oral marks in each rounds of the Competition. The equation is explained below: Preliminary Round: Memorial Scores + Oral Scores (to qualify for the quarter-final rounds). Quarter-finals: Memorial Scores + Oral Scores (to qualify for the semi-final rounds). Semi-finals: Memorial Scores + Oral Scores (to qualify for the final round). Final Round: Memorial Scores + Oral Scores (to decide winners). In case of a tie between two teams in any of the rounds, memorial scores will be taken in to consideration to break the tie.

Parameters for judging orals shall be:

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Reference to Written Submissions in the course of Oral Pleadings

Court Mannerisms10. 10

Knowledge of Law and FactsAppreciation and Application of Facts

Interpretation and Application of FactsUse of Authorities

Response to QuestionsOrganization of Arguments

Clarity of Thought and ExpressionArgumentative Skills and Creativity

SL. NO. MARKING CRITERIA MAXIMUM MARKS

TOTAL

10

10

10

10

10

10

10

10

10

100

1.

2.

3.

4.

5.

6.

7.

8.

9.

13

IX. Researching TestI. The researchers test will be conducted on 27 March, 2020 (Tentative)Ii. The researchers test shall be in the format of M.C.Q.’s based on the applicable law, Precedents and facts,

pertaining to Moot Propositioniii. Duration of the test shall be 30 min.iv. Winners of the test shall be determined by the highest score attained in the test.

X. Prizes and Awards:

***Every Participating Team shall be awarded a “Token of appreciation and Certificate of Participation”

XI. Scouting: 1. Teams will not be allowed to observe the orals of any other team. Scouting is strictly prohibited. Scouting by any of

the team members will result in immediate disqualification. The organizers' decision will be final in this regard. 2. The researchers shall sit with the orators at the time of the orals and shall not attend the court sessions of any other

team participating in the competition.

XII. Accommodation, Food and Transport: 1. Accommodation shall be provided only to the outstation teams on the days of the competition only i.e. from 26-28

March 2020. It shall be extended to the members of the team (maximum three) only. Team/s shall be soley responsible for any/ damages caused by them during their stay.

2. Food shall be provided to all the teams on days of the competition. 3. Transportation between the accommodation and the college for the participating teams shall be provided. All

teams shall send their travel plan on or before 18 March, 2020.

XIII. Code of Conduct: All the participants must behave in a dignified manner and not cause any inconvenience to the organizers. Any participant found misbehaving with other participants or volunteers will be disqualified immediately. Deference to the Judges of the moot court competition must be maintained inside and outside the Court Hall. Participants will be entirely disqualified from the competition on the following Grounds: a. If found smoking or consuming/ carrying drugs or alcohol in the campus or place of accommodation. b. If found misbehaving, or causing nuisance, or making abusive statements, showing disrespect towards judges, co-

participants or members of the host institution.

XIV. Queries regarding the problem: All queries regarding problem, rules and regulations, shall be mailed to bmsclnationalmoot5@gmail.com and the same will be cleared by the organizers. Any queries after 06 March, 2020 with regard to problem will not be entertained, except at the sole discretion of the organizers.

XV. Miscellaneous: 1. The OC reserves the right to amend, modify, change, or repeal any of the Rules of the Competition. The OC shall

communicate any changes made in the Rules of the Competition to the Teams.2. The OC reserves the right to take decisions on any matter not mention in the Rules of the Competition. Any such

decision taken by the OC shall be final and binding.3. The OC reserves the right to interpret any of the Rules of the Competition. Such interpretation shall be final and

binding.4. If any member of a team is notified or informed of any detail or information concerning the Competition, it shall be

deemed as if the said team as a whole has been duly notified or informed.

all

BMSCL

SL. NO. CITATION PRIZES AND AWARDS

1.

2.

3.

4.

5.

6.

Trophy + INR 35,000/- (Cash prize)Trophy + INR 30,000/- (Cash prize)Trophy + INR 5,000/- (Cash prize)Trophy + INR 5,000/- (Cash prize)Trophy + INR 5,000/- (Cash prize)Trophy + INR 5,000/- (Cash prize)

Winning TeamRunners-Up Team

Best Written SubmissionBest Orator - Male

Best Orator - FemaleBest Researching

14

THB. M. SREENIVASAIAH MEMORIAL 5 NATIONAL MOOT COURT COMPETITION - 2020

March 26-28, 2020

Yes Yes No Air / Train / BusMode of Transportation:Accomodation required:

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BMSCL

Annexure I

ABOUT THE COLLEGE

BMSCL

B.M.S. College of Law, a premier institution of excellence in imparting legal education, was

started during the academic year 1963-64 by Late Sri. B S Narayan (Donor Trustee)under the

aegis of BMS Educational Trust. The trust is named after Sri. B M Sreenivasaiah, a great

visionary and philanthropist conferred with the title of “Rajakarya Prasaktha” by the then

Maharaja of Mysore in the year 1946. The BMS Educational Trust is managed by Council of

Trustees consisting of Dr. B. S. Ragini Narayan, Donor Trustee and Chairperson, Dr. Dayananda

Pai, Industrialist & Developer, Sri. M. Madan Gopal, IAS (Retd.) Former Chief Secretary,

Government of Karnataka, Sri. Aviram Sharma, Trustee, Dr. Manjula N, IAS, Managing Director,

BESCOM, Government of Karnataka.

The BMS Educational Trust runs the following highly reputed Institutions providing education

to around 12000 students in areas like Law, Engineering, Science, Commerce, Information

Technology and Architecture viz.,

17

BMSCL

I. B.M.S. College of Engineeringii. B.M.S. College of Lawiii. B.M.S. College for Womeniv. B.M.S. PU College for Womenv. B.M.S. College of Arts & commercevi. B.M.S. Evening College of Engineeringvii. B.M.S. Institute of Technologyviii. B.M.S. School Architectureix. B.M.S. Evening College of Arts & Commercex. B.M.S. Training & Research Institutexi. B.M.S. Center for Executive Education & Distance Learningxii. B.M.S. College of Commerce & Management

B.M.S. College of Law is affiliated to Karnataka State Law University and approved by the

Bar Council of India, New Delhi. The college imparts education in B. Com. LL.B., B.A. LL.B.,

& LL.B., 5 & 3 Year Degree Courses. The college takes pride in its distinguished legacy of

legal luminaries like Hon'ble Mr. Justice E. S. Venkataramaiah (Former Principal, BMS th th

College of Law), 19 Chief Justice of India., Hon'ble Mr. Justice M. N. Venkatachalaiah, 25

Chief Justice of India., Hon'ble Mr. Justice Rama Jois, former Chief Justice of Punjab and

Haryana High Court and former Governor of State of Bihar., Hon'ble Mr. Justice H. G. Bala

Krishna (Late), former Judge, High Court of Karnataka., Hon'ble Mr. Justice S. R. Nayak,

former Judge, High Court of Karnataka & former Chief Justice of High Court of Chhattisgarh

& former Chairman of Karnataka State Human Rights Commission., Prof. Lakshmi Sagar,

former Minister of Law & Parliamentary Affairs, Government of Karnataka.,

Dr. B. V. Acharaya, Senior Advocate, former Advocate General, Govt. of Karnataka, former

Member Law Commission of India., being associated with the institution in various

capacities.

Hon'ble Mr. Justice C. N. Aswathanarayana Rao, Hon'ble Mr. Justice R. Gururanjan, former

Judges of High Court of Karnataka., Hon'ble Mr. Justice S. R. Bannurmath, former Chief

Justice of High Court of Kerala and former Chairperson, MSHRC., Sri K. Jairaj, IAS (Retd.)

served as Chairmen of BMS College of Law.

Hon'ble Mr. Justice Nagarjuna Reddy, Former Judge, High Court of Andhra Pradesh.,

Hon'ble Mr. Justice S. N. Sathyanarayana, Hon'ble Mr. Justice P. S. Dinesh Kumar,

Hon'ble Mr. Justice Mahesh Nagaprasanna, Judges of High Court of Karnataka, Prof.

Ravivarma Kumar, Sri. D. Nanjunda Reddy & Sri. S. N. Murthy, Senior Advocates are the

proud Alumni's of the institution.

18

IMPORTANT DATES

Last date for queries regarding the Moot Proposition

Last date for submission of Memorials (Soft Copy)

Last date for submission of Memorials (Hard Copy)

Last date for Online submission of Travel Plan

Inaugural, Draw of Lots & Researcher Test

Moot Court Competition

Last date for online Registration

Last date for receipt of hard copy of Registration Form along with DD

11 March, 2020

16 March, 2020

18 March, 2020

26 March, 2020

27 March, 2020

06 March, 2020

06 March, 2020

24 February, 2020

BMSCL

CONTACT DETAILS

Simran NayakVasaviNageshEshaSanjayRitikaAryan J.CharismaChaitanya

+91 8050972177+91 8277648847+91 9538230143+91 9538134345+91 9538914820+91 9304282203+91 9606480999+91 9880197551+91 9035896532

STUDENT CO-ORDINATORS

FACULTY CO-ORDINATORS

Sri Harish Lambani

Dr. Gayatribai S. Mob. +91 9535155616

bmsclnationalmoot5@gmail.com

, Assistant Professor - Mob. +91 9538166946/9916931341

Assistant Professor -

E-MAIL:

Semi Final, Final & Valedictory Function 28 March, 2020

ALL COMMUNICATIONS MUST BE ADDRESSED TO

THE PRINCIPAL B.M.S. COLLEGE OF LAW

th(B M SREENIVASAIAH MEMORIAL 5 NATIONAL LEVEL MOOT COURT COMPETITION)

Ph: 080-26679336/26602430/26508375 Email: Bull Temple Road, Basavanagudi, Bengaluru - 560 019.

bmsclnationalmoot5@gmail.com

19

3rd Moot Court (26 - 28 Oct 2017)

1st Moot Court (21 - 23 March 2014)

2nd Moot Court (10 - 12 March 2016)

4th Moot Court (28 - 30 March 2019)

B.M.S. COLLEGE OF LAWBull Temple Road, Basavanagudi, Bengaluru - 560019

Email: bmscl@yahoo.in Website: www.bmscl.ac.in

Ph: 080-26679336/26602430/26508375