SLS NOIDA - 1ST RAM JETHMALANI MOOT COURT COMPETITION, 2020 WITH LEGITQUEST

Pauranik Party v. Union of Achaval and Ors., W.P. (C) 4253/2020 and
Utkarsh Chauhan and Ors. v. Speaker, Lok Sabha and Ors., W.P. (C) No. 4257/2020

Moot Problem1
1. The Republic of Achaval is a less-developed nation in the South-Asian sub-continent.
Hindus constitute a majority of Achaval’s population (about 78%) whereas the other major
religions such as Islam, Christianity, Buddhism, and Sikhism count amongst their followers
the remaining population in that order. Having gained its independence from the British
Empire in 1974, Achaval began as a democracy however saw significant internal strife
during its initial years including two civil wars and overthrows of two elected governments.
Ultimately with international intervention and regional leadership of the Republic of India,
Achaval transitioned into a constitutional democracy in 1987.

2. Since India was involved in helping Achaval transition into a constitutional democracy, the
institutional structure and constitutional values of Achaval are similar to India’s. The
Constitution of Achaval was drafted by a body of scholars and practicing advocates led by
Late Ram Jethmalani, a noted senior lawyer from India. Considering the similarities
between Achaval and India, it was the unanimous decision of the drafters that the Indian
Constitution be adopted as is with appropriate changes where necessary. However, it was
agreed by the framers that subsequent amendments to the Constitution of India would not
be automatically incorporated in the Constitution of Achaval. Similarly, any decisions
rendered by the Hon’ble Supreme Court of India interpreting the Constitution of India
would not be binding on the courts in Achaval.

3. Upon transition into a constitutional democracy in 1987, Jayant Thakur was elected as the
Prime Minister of Achaval. The internationally celebrated and respected Thakur was a
poster-child for democracy and had fought for Achaval’s transition to a constitutional
democracy. Thakur remained the Prime Minister of Achaval until 2012 (having won each
election with at least 140/200 seats in the Lok Sabha) at which time he announced his
formal retirement from politics on account of his ill-health. Even at the time of his
1
Drafted by Mr. Naman Joshi (Advocate) and settled by Hon’ble Mr. Justice (Retd.) Madan B. Lokur. Any
Participant trying to contact the drafters/reviewers of the problem will be disqualified from the competition.
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 retirement, Thakur was widely liked in Achaval and abroad and enjoyed an approval
rating of 66%. It was expected that if Thakur contested the elections again, he would again
become Prime Minister.

4. In the General Elections held in 2012, despite Jayant Thakur’s immense popularity, his
Achaval Nationalist Party slipped below the majority mark of 101 in the Lok Sabha having
won only 88 seats which made it the single largest party but two seats short of the 90 strong
Pauranik Party which consisted of three different religion-centric political parties together
in a pre-poll alliance. This was partially due to in-fighting between the children of Jayant
Thakur, i.e. Suraj Thakur and Itisha Thakur, in the Achaval Nationalist Party. Suraj while
younger to Itisha, considered himself the successor to his father’s legacy and sought control
of the party. Itisha on the other hand was not only older than her brother but also much
loved in Achaval for her grass-roots work especially with minorities. When asked who he
favoured, Jayant Thakur refused to weigh in on either side and in his quintessential style
said,

“Achaval is a democracy. I spent my youth fighting for it and my life nurturing it. The
party and Achaval will have to choose their own leader. Whether it is Suraj or Itisha or
even somebody else, it will be the people’s choice.”

Ultimately, Itisha Thakur was sworn in as the Prime Minister after she got the support of
four independent Members of Parliament and the Achaval Islamic Party that had 11
Members of Parliament. While Suraj Thakur became the Minister of Home Affairs in the
new government, rumour mills were abuzz for the entire term between a rift between
brother and sister and how Suraj spoke of breaking the party.

5. Come 2017, fresh elections were held in Achaval and again the Achaval Nationalist Party
failed to gain a majority on its own and only secured 76 seats. In fact, the Achaval
Nationalist Party’s position weakened further with Itisha as the leader as she was seen as
far too liberal and protective of the minority communities’ interests vis-à-vis the larger
Hindu majority. The Pauranik Party in fact was the single largest party with 84 seats.
However, once again Itisha was able to piece together a coalition and form a government
with the support of independent Members of Parliament and the Achaval Islamic Party.

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 This time though she was at the helm of a minority government and encountered severe
resistance on issues of personal and religious freedoms from within her own party as well.

6. On New Year’s Day, 2020, Itisha Thakur was away on a state visit and a holiday in Pakistan
as the personal guest of the Prime Minister. Itisha was scheduled to visit Sindh, the place
of birth of her grandfather and address a public gathering as well. Suddenly, around 10 AM
in the morning, all media outlets broke news of a press conference that was going to be
addressed by Suraj Thakur at his ministerial home. In a live broadcast, Suraj Thakur took
the podium and informed the press that,

“…my religious values and conscience do not allow me to remain a part of the present
government.”

He added that,

“…while I deeply love my elder sister, Itisha’s constant appeasement of the Muslims
and Christians was harming the interest of the Hindus and he could not allow the
largest group of people in Achaval to feel victimized.”

In the most shocking twist, he announced that of the 76 Members of Parliament of the
Achaval Nationalist Party, a substantial number were with him, and while many were away
in their constituencies and could not be here for the press conference, 13 were present with
him in the press conference. The said 13 Members of Parliament and Jayant Thakur signed
a common resignation from their memberships of the Achaval Nationalist Party and their
positions in the government and indicated their intention of forming a new political party
on live television.

7. Considering Itisha’s government was formed on the basis of 76 Members of Parliament of

the Achaval Nationalist Party, eight independent Members of Parliament, and 15 Members
of Parliament of the Achaval Islamist Party, the sudden resignation of 13 Members of her
own party severely weakened her position. The Pauranik Party with its 84 Members of
Parliament launched a nation-wide campaign calling for fresh elections and moved for a
vote of no-confidence against the government led by Itisha Thakur.

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8. Seeing the dire situation, Itisha Thakur immediately returned to Achaval and despite
arriving late in the night of 1st January, she headed straight to meet her father Jayant Thakur
at his residence. She did not answer any questions from the press on the tarmac in her usual
style as she walked to her car. After spending about two hours at her father’s residence,
Itisha Thakur at 5:30 AM told the press waiting outside Jayant Thakur’s house that she
would be addressing a press conference from the party headquarters at 8 AM. To a packed
house, Itisha Thakur announced that,

“…it is unfortunate that Suraj has chosen to take this step. I feel betrayed. Suraj was a
minister in my government and more importantly my brother. If there was some issue
he had, he should have come to me and like any elder sister I would have addressed his
concern… (T)he people of Achaval deserve a strong government with a clear mandate
and as such I will be tendering my resignation as Prime Minister during the course of
the day and advising the President to dissolve the Lok Sabha so that a strong
government may be elected.”

9. In the meanwhile, Suraj Thakur approached the Election Commission of Achaval and
sought registration of the Achavali Rashtriya Party. He was able to secure the same. He too
issued a call for fresh elections that would restore Achaval to the glory days of his father’s
era. He openly solicited support on the basis of his right-wing ideology and was quoted as
saying,

“India has made the right-choice in 2014 and in 2019. Time has come for Achavali’s
to stand for what is right by choosing the Achavali Rashtriya Party. In our holy land,
there will be no cow slaughter and there will be no pandering to the Muslims and
Christians.”

He then went on to look straight into the cameras and said,

“Yahi hai right choice!”.

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 This statement was made at a Hindu Gaurav Sabha event where even the Pauranik Party’s
President Nagender Agrawala was present and had earlier in the day in a question from the
press stated that,

“the Pauranik Party was set to form the government in the elections that will have to
be held and the Pauranik Party counted on the support of every Hindu.”

He went on to add that,

“family values are a cornerstone of a Hindu family and if Itisha Thakur could not even
keep her brother in the family, then how will she run the country?”

10. Fresh elections were announced in Achaval and the Election Commission considering
various factors such as weather and even children’s exams, scheduled the same for 14th
April, 2020. Election campaigns began immediately. On the one side was the depleted
Achaval Nationalist Party and the Achaval Islamist Party. On the other side were the
Pauranik Party and the Achavali Rashtriya Party. In a fiercely vitriolic campaign, the
Pauranik Party and the Achavali Rashtriya Party targeted Itisha Thakur personally and
criticized her for being foreign educated, running the Achaval Nationalist Party like a
family business, being too liberal on issues of pornography, LGBTQ rights, beef eating,
etc., and for being a “chronic appeaser of the Muslims.” A right-leaning media outlet called
Nation started doing small segments on various issues and its main anchor Aryan Saini
would end the segments by saying “Itisha da kasoor”. Independent commentators widely
called this the most intense political campaign in Achaval and observed that political
leaders were essentially in a race to the bottom and their followers were busy trolling each
other on social media. During the entire race, most surveys and polls showed the Pauranik
Party + Achavali Rashtriya Party combine leading and depending on which source was to
be believed, they were on track to win at least 102 seats and upto 160 seats.

11. 5 days before the scheduled polling, on 9th March, 2020 Jayant Thakur suffered a major
stroke. On his way to the hospital, before breathing his last, he was heard saying
“…Itisha…”. The only people in the ambulance with the former Prime Minister were the
medical staff and his friend Mahesh Kumar who had been a Member of Parliament and

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 Minister in every single government since 1987. When the former Prime Minister’s
personal physician addressed the press, he told the press that Jayant Thakur suffered a major
stroke at about 11:30 AM in his house. He was immediately rushed to the hospital.
However, he took his last breath at 11:43 AM in the ambulance. The doctor was stepping
off the podium when Aryan Saini asked the doctor if the Late Jayant Thakur had any last
words or wishes. The doctor replied saying,

“Jayant Ji, may God bless his soul, had suffered a massive stroke and it is difficult to
understand in such a situation what he was saying or wanted to say, but he took Itisha
Ji’s name.”

This led to a pandemonium and the press wanted to know if Suraj’s name was also taken
or if anything else was said. Some channels tracked down the other medical personnel and
one even conducted a sting operation hoping to find some contradiction in the story.
However, each version reiterated what the doctor had said in the press conference. In an
interview, Late Jayant Thakur’s friend Mahesh Kumar was asked if this meant that Itisha
was the Late Jayant Thakur’s choice and not Suraj. Kumar replied saying

“I have seen both kids grow with their father’s love and affection after their mother
passed away. The Late Prime Minister loved them both equally. A big deal is being
made about him taking Itisha’s name in his last moments…”

12. Considering Jayant Thakur’s stature both in Achaval and internationally, two weeks of
national mourning was declared. In an emergency meeting, the Election Commissioners
deferred the elections to 28th March, 2020. A visibly distraught Itisha was seen rushing to
the hospital on the day of her father’s death. On the same day, in the evening, the Achaval
Nationalist Party announced that as a mark of respect for the Late Jayant Thakur, all
political activity was being suspended until after the Tervi. Itisha’s campaign manager
Aishan took to social media and announced that Itisha was deeply pained by her father’s
death and would not be attending any public events or meeting the press during this period
of mourning. Suraj too was seen receiving the news of his father’s death on the campaign
trail and rushing back to the capital. However, after the news of Jayant Thakur’s last words
being “…Itisha…” went viral, Suraj’s PR team went in damage control mode and increased

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 their engagement with the media. It was believed by some independent observers that
Jayant Thakur had announced the results of the polls even before a single vote had been
cast and that Itisha Thakur would ride the sympathy wave to victory. Others claimed that
while this would not give Itisha Thakur a win, but surely save her from a major loss.

13. When Achaval went to polls on 28th March, 2020 the voters were clearly split in factions.
While the Pauranik Party and the Achavali Rashtriya Party still had a significant amount of
the Hindu vote, there was a sympathy vote shift towards the Achaval Nationalist Party.
Ultimately when the votes were counted and results declared on 1st April, 2020, the
Pauranik Party emerged as the single largest party but with only 66 seats. Pauranik’s prepoll
ally Achavali Rashtriya Party led by Suraj Thakur won 30 seats. On the other Itisha
Thakur’s Achaval Nationalist Party won 60 seats. The Achaval Nationalist Party’s ally
Achaval Islamist Party won 22 seats. Independent candidates aligned to Itisha Thakur won
eight seats. The remaining 22 of the seats were won by independents and unallied political
parties chief amongst which was AKP which won 15 seats. AKP was a new entrant in
politics of Achaval but had essentially run an anti-establishment campaign focusing on
basic needs of citizens and the job crisis.

14. As no party or alliance had managed to secure a majority on its own, the politicking began.
The Pauranik Party’s Nagender Agrawala held a press conference with Suraj Thakur and
went on record saying the people’s mandate was with them and they will be forming the
government. In the evening Nagender Agrawala met the President, although Suraj Thakur’s
absence was conspicuous. The Pauranik Party informed the President that as the single
largest party and pre-poll alliance, it would be staking its claim to form the government and
would tender letters of support within 48 hours that would comfortably take the alliance
beyond the majority mark.

15. 48 hours came and went and no letters of support were secured by the Pauranik Party. In
the meanwhile, the rumour mill was abuzz that Nagender Agrawala had met AKP leader
Avin Gupta and sought his support. However, Avin Gupta had refused to do so on account
of the far-right approach of the Pauranik Party and its ally the Achavali Rashtriya Party.
Avin Gupta later went on the record to say that his party would prefer to be fierce in
opposition than meek in power. Rumours were also going around that Suraj Thakur was

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 insisting on more cabinet berths than originally agreed including for the position of Deputy-
Prime Minister for himself with the charge of the Ministry of Home Affairs. Members of
the Pauranik Party leaked details of the pre-poll alliance to the press wherein Suraj Thakur
was to be the Deputy Prime Minister with only 1 cabinet berth per 10 seats being allocated
to him and his party. Members of the Achavali Rashtriya Party made off the record
statements saying that since Pauranik had failed to win on its own or even come close, the
Achavali Rashtriya Party had a right to renegotiate the alliance terms and without them
Pauranik could not even form the government. Nagender Agrawala again met the President
of Achaval and requested for a further 72 hours. The President granted the said time.

16. Over ten days passed in this situation of flux in Achaval. Nagender Agrawala sought time
till 14th April, 2020 in tranches and was given said time by the President. Multiple
allegations of horse-trading were levelled and each Party moved its elected members to
different locations. On 13th April, 2020, Itisha Thakur sought time to meet the President.
The President met Itisha Thakur. After the meeting was over, Itisha Thakur emerged from
the President’s House and addressed the press. She said

“…since the Pauranik Party had failed to form the government, it was incumbent for
me to step forward. I have requested the President for 12 hours to submit letters of
support. Our pre-poll alliance was 90 strong which included the Achaval Nationalist
Party, the Achaval Islamist Party, and our eight independent friends. Our post-poll
government will be formed with a majority…”.

Within hours an urgent petition was filed by the Pauranik Party being Pauranik Party v.
Union of Achaval and Ors., W.P. (C) 4253/2020 in the Supreme Court of Achaval seeking,
inter alia, reliefs against the President inviting the Achaval Nationalist Party and its alliance
to form the government. Since the Chief Justice had risen for the day, the matter was
mentioned at her residence and listed for 14th April, 2020. No interim reliefs were granted.

17. Late in the night of 13th April, 2020, Itisha Thakur submitted a letter to the President bearing
the signature of 90 members of her pre-poll alliance with the statement that she had the
support of other elected members from the Achavali Rashtriya Party who were presently

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 being held against their will a few hundred kilometres away from the capital. The truth will
come out on the floor of the house.

18. When the Supreme Court heard the matter on 14th April, 2020, it declined to grant any
interim reliefs and observed that

“…the herding of elected representatives to distant pastures is surely condemnable and

hopefully better sense will prevail…”.

In a brief order the Supreme Court directed that a pro-tem speaker of the Lok Sabha would
swear in all elected Members of Parliament on 15th April, 2020 and thereafter a floor test
would be conducted immediately. When the floor test was actually conducted, all political
parties issued a three-line whip directing their members to vote in line with their party’s
decision. Earlier in the day, Itisha Thakur had while entering the Lok Sabha asked all
Members of Parliament including from her own party to vote as per their conscience. She
said she missed her father particularly today as seeing him before taking her oath at the
beginning of each term was a tradition for her. She added that her father too would have
asked all Members of Parliament to vote as per their conscience. Asked as to why then her
party had issued a three-line whip, she said it was an oversight and her party members were
free to vote as they deemed fit.

19. After major pandemonium in the Lok Sabha, when there was a division of the votes, Itisha
Thakur proved her majority on the floor of the House with 19 members of the Achavali
Rashtriya Party having walked across the well of the House to join their former colleagues
of the Achaval Nationalist Party and supporting Itisha Thakur. The same day, the chief
whip of the Achavali Rashtriya Party wrote to Mahesh Kumar, the pro-tem speaker seeking
disqualification of the 19 members of the Achavali Rashtriya Party who had defected in
accordance with Paragraph 2 of the Tenth Schedule of the Constitution. However, Mahesh
Kumar refused to take said decision saying propriety demanded that the elected speaker of
the Lok Sabha takes a decision. But before a decision could be taken by the Speaker on
the disqualification, the 19 Members of Parliament approached the Hon’ble Supreme Court
in Utkarsh Chauhan and Ors. v. Speaker, Lok Sabha and Ors., W.P. (C) No. 4257/2020
and were able to secure an interim order from the Hon’ble Supreme Court restraining the

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 Speaker from acting on the letter of the chief whip of the Achavali Rashtriya Party until
further orders.

20. The Hon’ble Chief Justice constituted a Constitution Bench including her and her four
seniormost colleagues to adjudicate the issues raised by the parties and the matters were
tagged. The Hon’ble Court framed the following issues:

In Pauranik Party v. Union of Achaval and Ors., W.P. (C) 4253/2020:

A. Whether the President can invite a party or alliance not being the single largest party
or alliance to form the Government?

B. Whether the President erred and violated principles of natural justice by inviting the
Achaval Nationalist Party to form the Government despite having granted time till
14th April, 2020 to the Pauranik Party and its pre-poll alliance?

Utkarsh Chauhan and Ors. v. Speaker, Lok Sabha and Ors., W.P. (C) No. 4257/2020

A. Whether the Tenth Schedule of the Constitution of Achaval, especially Paragraph

2(1)(b), is unconstitutional inasmuch as its impinges on the basic structure of the
Constitution of Achaval and forces elected representatives to vote in a particular
manner?

B. Whether the Court could direct the Speaker to perform or refrain from performing
any act? If yes, to what extent?

Notes:
1. The teams will argue matters as:
Pauranik Party (Petitioner in Pauranik Party v. Union of Achaval and Ors., W.P. (C)
4253/2020) and Achavali Rashtriya Party (Respondent No. 2 in Utkarsh Chauhan and
Ors. v. Speaker, Lok Sabha and Ors., W.P. (C) No. 4257/2020)
OR

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 Achaval Nationalist Party (Respondent No. 2 in Pauranik Party v. Union of Achaval
and Ors., W.P. (C) 4253/2020) and Utkarsh Chauhan (Petitioner No. 1 in Utkarsh
Chauhan and Ors. v. Speaker, Lok Sabha and Ors., W.P. (C) No. 4257/2020).

2. While the Constitutions of India and Achaval are identical in all respects, judgments of
the Hon’ble Supreme Court of India are not binding on the Hon’ble Supreme Court of
Achaval regardless of bench size. All judgments of the Hon’ble Supreme Court of India
or any other courts, Indian or otherwise, will have a persuasive value.

3. Any information not given is deemed to be irrelevant and no team may assume the same
to be in its favor while making submissions.

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