ILNU CONSTITUTIONAL LAW OPEN CHALLENGERS 2022-23

MOOT PROPOSITION

1. Union of Konoha is a developing Country in South Asia, with a population of 139.34 Crores.
The literacy rate of the country is 97% and consequently, the economic status of citizens is
also good. Konoha is famous for its democratic approach towards catering to the needs of
the citizens. The fundamental rights and the directive principles of the state policy enshrined
in the Constitution hold the primer position in the legal system of the country.

2. The legal framework of the country is praised internationally for impartial, sound and quick
responses in formulating laws for emerging problems. At the Central level, laws are
formulated by the Parliament of Konoha and at the State level, they are formulated by
Legislative Assemblies and Councils of the respective States.

3. Konoha is the largest producer and consumer of tobacco. A variety of tobacco products are
available at very low prices. It is commonly consumed in various ways such as khaini, gutka,
betel quid with tobacco, zarda, bidi, cigarettes and hookah, etc. The rate of tobacco
consumption and deaths due to such consumption have shown a drastic increase when
compared to past decades.

4. A recent Government report shows a rapid increase in use of e-cigarettes among teenagers
rather than consumption of tobacco products. The report concludes that if such a scenario
continues then the number of people addicted to nicotine and e-cigarettes will increase
drastically in the coming years.

5. Asuma, a 24-year-old Bachelor is a student at the Akatsuki University of Law. Asuma lives
with other 3 Bachelors of same age. All three are chain smokers and addicted to smoking.
They are aware to the severity of the impacts of cigarettes on human body, however, they
still cannot help themselves. They have tried using nicotine gums, patches, lozenges, sprays,
inhalers and all other medical and clinical measures available to quit smoking but to no
avail.

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6. In 2018, e-cigarettes/vapes gained popularity in the Indian market. Asuma was suggested
by his friend who is a renowned Pulmonologist that vapes are comparatively less harmful
than cigarettes as one of the harmful elements, ignition, is excluded in e-cigarettes and the
major content of vapes is Nicotine and propylene glycol. The body’s urge to intake nicotine
in form of smoke is the main reason for addiction to cigarettes. Asuma and his friends,
therefore, shifted to vaping rather than smoking cigarettes and they were finally able to quit
smoking cigarettes after a long time.

7. However, in 2019, the Government of Konoha passed the Prohibition of Electronic

Cigarettes Act, 2019 (hereinafter, “the Act”) which imposed a ban on the production,
manufacture, import, export, transport, sale, distribution, storage and advertisement of
electronic cigarettes throughout the country.

8. Various health experts, individuals and NGOs criticised the Act claiming that the
enforcement of such a law would lead to black marketing of e-cigarette products and rather
than reducing the consumption of e-cigarettes it will only result in loss of potential tax the
Government could impose over such products. Moreover, the provision of the Act that
directs the immediate disposal of e-cigarettes and related stock in the shops and warehouses
was a big shock for importers, manufacturers and retailers of e-cigarettes and related
products.

9. Asuma and his friends who were relieved that they were able to quit smoking cigarettes and
were reducing smoking altogether were forced to shift back to cigarettes due to severe
withdrawal symptoms that they could not overcome. For Asuma, the ban on e-cigarettes
proved even more harmful as after shifting back to cigarettes, he suffered severe throat
infection and is fearful that the less harmful alternative found by them is banned by the
Government.

10. Asuma challenged the Act of 2019 on the grounds that it is against his fundamental rights
and he is deprived of choosing a suitable alternative.

11. The petition filed by Asuma is clubbed with two other petitions already listed for hearing.

i. WP/No. 89/2019 (PIL), filed by an NGO named “ESSE” challenging the Act on the
grounds that the Act lacks practicality and the effects of the Act are not in consonance
with the objective sought by it.
ii. WP/No. 92/2019, filed by an E-Cigarette importer and retailer chain named “Alfabar”
on the grounds that the Act violated their Fundamental Rights and should be struck
down. Alfabar has 100 outlets throughout the country and they primarily sold e-

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 cigarettes and related products. However, after the enforcement of the Act, they could
not continue selling the products.

All three petitions are listed before the constitutional bench of the Supreme Court of Konoha
for the final hearing.

For the purpose of memorial and oral rounds:

The laws of Union of Konoha are Para Materia to the laws of Union of India.

Note:

• This Moot Proposition has been authored by Mr. Narendra Singh Shekhawat
[Advocate, Delhi High Court] with the help of Mr. Divyapratap Parmar
[Constitutional Law Vertical head MCC(I)].
• Teams are prohibited from contacting the aforementioned persons in relation to the
preparation of competition directly or indirectly. The MCC(I) reserves the right to
take appropriate action, including disqualification and/or blacklisting of the entire
team if any team member is found to be engaging in such conduct.