MOOT COURT PROBLEM FOR 3RD
SEMESTER 2024
1. The Republic of Akhand Bharat is an independent ‘Union of States'. The diversity
in cultural aspects like religion, language, traditions etc of Akhand Bharat is truly a
remarkable feature. It got its independence from British Raj in the year 1947. The
country of Akhand Bharat is proud of the fact that they got their independence by
non-violent movement. The Constitution of Akhand Bharat was wisely drafted by
the members of its Constituent Assembly, considering important feature of
constitutions of major democraties of the world. Democracy, Equality and
Secularism are the basic features of the Constitution. It encompasses the Human
values, Dignity of individual and Equality of status of all citizens. It guarantees to
its citizens certain fundamental rights - the scope of which is considerably enlarged
by the dynamic judgments of the Supreme Court of Akhand Bharat. The
Constitution of Akhand Bharat has unique feature in the matter of reservation in
govt.jobs, admission in the educational institutions and other welfare measures of
the country.
2. Reservation in Akhand Bharat is about reserving certain seats in the government
jobs, educational institutions, and even in the matter of elections to legislatures for
certain sections of the population. The reservation policy is also make positive
discrimination.
The two main aims are to provide reservation as per the Constitution of Akhand
Bharat as under:
a. Advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) OR any
socially and educationally backward classes of citizens OBC (i.e. under–
Article 15 (4), Article 15 (5)).
b. Adequate representation of any backward class of citizens in the services under
the State. – (i.e. under Article 16 (4)).
3. Extending the policy of Reservation, in January 2019 the Government of Akhand
Bharat brought 103rd Amendment of the Constitution. The bill was passed in Lok
Sabha by 323 members voting in favor and 3 members against the bill. It was
subsequently passed by Rajya Sabha with165 members in the favor and only 7
members against the bill. It provides reservation of jobs in central government as
well as state government educational institutions. It applies to citizens belonging to
the economically weaker sections from the unreserved category. This reservation is
over and above the existing reservation scheme, which allows maximum of ten per
cent reservation for OBC. The Statement of Objects and Reasons of the Bill states
that, people from economically weaker sections of the society have largely
remained excluded from attending the higher educational institutions and public
employment on account of their financial incapacity to compete with the persons
who are economically more privileged.
4. The bill states that it is drafted with a will to mandate Article 46 of the Directive
Principles of State policy of Constitution of Akhand Bharat. The Directive
Principle urges that, the government to protect the educational and economic
interests of the weaker sections of society. While socially disadvantaged sections
have enjoyed participation in the employment in the services of the state, where as
no such benefit was provided to the economically weaker sections.
AMENDEDARTICLES
Article 15 (6) is added to provide reservations to economically weaker sections for
admission to educational institutions including private educational institutions,
whether aided or unaided by the State, other than the minority educational
institutions referred to in clause (1) of Article 30. The amendment aims to provide
reservation to those who do not fall in Article -15 (5) and 15(4) (effectively, SCs,
STs and OBCs).
Article 16 (6) is added to provide reservations to people from economically
weaker sections in government jobs.
An explanation to Article 16 (b) states that "economic weakness" shall be decided
on the basis of "family income" and other "indicators of economic disadvantage."
5. Ms. Ginny Potter, a leading legal activist has filed a petition in Supreme Court
challenging the constitutional validity of the 103rd Constitutional Amendment 2019.
6. In September, 2018, a five-judge Constitutional bench of the Supreme Court in
Karnail Singh case1ruled that the "creamy layer exclusion" principle can be
extended to Scheduled Castes (SCs) and Scheduled Tribes (STs). Subsequently the
Court also ordered the Government to notify appropriate norms for application of
creamy layer principle in case of SC/ST reservation.
7. Now Mr. Ron Weasley has approached the Supreme Court against the inaction of
the government regarding the said order. He argues that due to its political
considerations, till date, government has not notified any norms or criteria to
exclude economically well off SC/ST Community from the benefits of reservation
system. Government on its part claimed that creamy layer principle was originally
introduced in context of OBCs only. The creamy layer policy against SC/ST
reservation is made by 5 judge bench judgment. It is a violation of the precedent of
Mandira Sawhney2judgment as the pronouncement made by majority view of 9
judge Constitutional bench of 1993.
1
ThisJudgmentis Parimateria to Jarnail Singh vs Lachhmi Narain Gupta and other, AIR 2018 SC 4729.
2
This Judgmentis Parimateria to Indra Sawhney vs Union of India, AIR 1993 SC 477.
8. The Chief Justice of Akhand Bharat's Supreme Court has setup a 11 judge
Constitutional bench to decide these following issues:
I. Whether the 103rd Constitutional Amendment is constitutionally valid or not?
II. Whether the Karnail Singh Judgment is in violation of Mandira Sawhney
Judgment of 1993 or not?
III. Whether the “creamy layer exclusion "principle should be extended to
Scheduled Castes (SCs) and Scheduled Tribes (STs) reservation or not?
Note: The laws, reports, data and statistics are par -materia to the Union of India.
