Drafting

Memorials
Important Points
Orientation and Training Workshop
Mooters’ Society of Law Centre-1

A Sample Memorial
(Format for Various Parts of the
Memorial
&
Important Aspects in Creating
Those Parts)

Prepared by:
Ananth Srinivas
LL.B. Final Year (2004-05)
Law Centre-I, Faculty of Law,
University of Delhi
 (Title page)
Name of the Competition

IN THE SUPREME COURT OF INDIA

or
IN THE HIGH COURT OF ………
(Writ Petition No._________ of 2004)
or
SLP No.___________ of 2004)
or
(Cr/Civil/Misc./Appeal No._________ of 2004)

IN THE MATTER OF
Name of party …..PETITIONER/APPELLANT
Versus
Name of respondent ….....RESPONDENT

Through:
Advocate for the …………………
(Appellant/Petitioner/Respondent)
Name
Class
Roll No.
(Delete or substitute According to the
Rules of the Competition)
 INDEX
S. No. Particulars Page
1. Memo of Parties ii
2. List of references iii
3. Statement of jurisdiction vii
4. Statement of facts viii
5. Statement of issues xii
6. Summary of pleadings xiii
7. Statement of pleadings 1
8. Prayer 13
 (Memo of Parties)
IN THE SUPREME COURT OF INDIA
or
IN THE HIGH COURT OF ………
(Writ Petition No._________ of 2004)
or
(SLP No.___________ of 2004)
Or
(Cr/Civil/Misc./Appeal No._________ of 2004)

IN THE MATTER OF
Name of party ……PETITIONER/APPELLANT
Versus
Name of respondent ….....RESPONDENT

Through

Advocate for ………….

Writ / Appeal Petition / Reply to the writ / Appeal /

Petition filed on behalf of Petitioner / Appellant /
Respondent

Most respectfully showeth,

Treatises, Digests, Books, & Articles
(Sequence & use of italics)

• P.M. Bakshi, Constitution of India,

(5th Edition, 2003), Universal Law
Publishing Corpn. (P) Ltd.
• M.P. Jain, Indian Constitutional
Law, (5th Edition, 2003). Wadhwa
& Co.
• M.P. Singh (ed.) V.N. Shukla
Constitution of India, (10th Edition,
2003). Eastern Book Co.
• H.M. Seervai, Constitutional Law
of India – A Critical Commentary,
Vol. I, II and III, (4th Edition,
1991), N.M. Tripathi (P) Ltd.
 LIST OF REFERENCES
(List of materials – statutes,
books, articles, periodicals and
websites referred to in the
Memo)
• Statutes (E.g.)
– Constitution of India
– The Representation of the Peoples Act,
1951
– Prevention of Corruption Act, 1986

• Judicial Decisions (Italics & Full

Citations)
– D. C. Wadhwa v. State of Bihar, (1987)
1 SCC 378
– Ankul Chandra Pradhan v. Union of India,
(1997) 6 SCC 1
– University of Delhi v. Anand Vardhan
Chandal, (2000) 10 SCC 648
 STATEMENT OF
JURISDICTION

(In case you accept jurisdiction of the

court, the statement may be made
on the following lines)
Under Section……of the ……..Act/Code/
Article….of the Constitution of
India this Hon’ble Court has
jurisdiction. This appeal / petition
before the Hon’ble Supreme/High
Court arises pursuant to the order
passed by the Election Tribunal.
If the Court thinks it appropriate to
proceed in this matter, we humbly
accept your jurisdiction.
 STATEMENT OF
JURISDICTION
(Or you may have objection to
the jurisdiction and may want
to raise it as a preliminary
objection. In such cases, you
may want to deny jurisdiction
quoting the relevant provisions
of law. For example,
The petition does not indicate
violation of any fundamental
right and hence the Hon’ble
Court has no jurisdiction to
deal with this matter under
Article 32 of the Constitution.)
STATEMENT OF FACTS
(Important notes)
• Succinct and presented in a
chronological manner
• Do not repeat the same
language but present them in
your own language
• Do not omit any relevant fact
• State facts in a manner that
favours your position without
omitting relevant facts on the
other side.
• No addition the facts given in
the problem
• No arguments / inferences
• Facts should normally be
summarised in one / two pages
and not more
• Negative marking is usually
given for biased reporting of
facts
 STATEMENT OF ISSUES

• Issue is the
question of law or
fact that needs
determination
• Always frame the issues in
interrogative form.
• Try to frame them in a
manner so that the answer
to the question should go
in your favour
• Include a brief
description of law or facts
that constitute the issue
STATEMENT OF ISSUES
For example
1. Whether the Ordinance
promulgated is justiciable?

2. Whether the Ordinance

promulgated is mala fide
and colourable exercise of
executive power and
unconstitutional,
particularly with reference
to Article 14?
SUMMARY OF PLEADINGS
1. The Ordinance is justiciable because:
• The ordinance violates fundamental rights.
• The state is not authorised to make laws in
violation of fundamental rights as per
Article 13 (2).
• An ordinance is ‘law’ according to Article 13
(a) (3).
• Judicial review of laws in violation of
fundamental rights is a basic feature of the
Indian Constitution.

2. The Ordinance promulgated is mala fide &

colourable exercise because:
• the ordinance was left in abeyance for over
a year and it is a clear manifestation of
mala fide on the part of the Centre,
specially because an ordinance is
promulgated without public debate.
• The provisions of the Ordinance facilitating
selective targeting of the subject matter
and lack of independence to judges in the
period of appointment, reveal contrary
intent of the Centre.
 Pleadings
Full pleadings include
• Applicable legal provisions
• Explanation of those provisions with
the help of judicial decisions
• Commentaries from prominent
authors on the subject, other books,
articles and other relevant materials
in support of the interpretation
offered by you
• Reference to relevant facts given in
the problem to show how they
fulfilled the requirements of those
provisions as explained by you for
the relief that you will be asking
from the court.
 PRAYER
Wherefore in the light of the law
points put forth, cases cited and
arguments forwarded, it is humbly
prayed for the Petitioner /
Appellant / Respondent that this
Hon'ble court may kindly:
a) declare the Representation of
Peoples (Amendment) Ordinance,
2003 as unconstitutional,
b) quash the orders of the Election
Tribunal disqualifying the
petitioner and,
c) pass any other order as the Court
may deem fit.
 Affidavit
IN THE SUPREME COURT OF INDIA
or
IN THE HIGH COURT OF ………
(Writ Petition No._________ of 2004)
or
(SLP No.___________ of 2004)
or
(Cr/Civil/Misc./Appeal No._________ of 2004)

IN THE MATTER OF
A …..PETITIONER / APPELLANT
vs.
B …..RESPONDENT

Affidavit

I…….., w/o or d/o or s/o…………………….r/o…………………….do hereby solemnly affirm

and state as under:
That I am the petitioner/appellant/respondent in the above noted case and as
such am in a position to swear to this affidavit.
That I have read and understood the contents of the accompanying
petition/appeal/reply to the petition/appeal that has been drafted
under my instruction.
I do hereby solemnly affirm that para nos. ……..to…….of the
petition/appeal/reply are correct based on personal knowledge and
that para nos.……..to…..are believed to be true according to the
information supplied by…………..
Deponent
(This is to be signed by the person on whose behalf the affidavit is being filed
and not by the advocate)

Verification
Verified that the contents of this affidavit are true, that it conceals nothing,
and that no part of it is false.
At……………… (Place) on this……….day of ……….(month and Year).

Deponent