Table Of Content

Index of Authorities 3

● Table of Cases 3

● Websites 3

● Statutes 3

Statement of Jurisdiction 4

Statement of Facts 5

List of Issues 6

Summary of Arguments 7-8

Arguments Advanced 9-11

• Issue I: 9

• Issue II: 9-10

• Issue III: 10-11

• Issue IV: 11

• Issue V: 11

Prayer 12
 Index Of Authorities
Table of Cases

1. Case: Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh, AIR
(1985) SC 652
2. Indian Council for Enviro- Legal Action v. Union of India, (20011) 12 SCC 768
3. Ambalal Sarabhai Enterprises ... vs Union Of India on 28 November, 1990
4. “Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh AIR 1987 SC 2187” introduced
the concept of “Sustainable Development”
5. “Indian Council for Enviro-Legal Action vs. Union of India AIR 1999 SC 1502”
6. “M.C. Mehta vs. Kamal Nath and Ors. (1996)”
7. TN Godavarman Thirumulpad vs. Union of India and Ors.”

Websites

1. indiankanoon.org
2. https://blog.ipleaders.in/
3. www.juscorpus.com
4. https://lawtimesjournal.in/
5. indianlawportal.co.i
6. https://main.sci.gov.in/

Statutes

1. The Environment (Protection) Act, 1986

2. The Wildlife (Protection) Act, 1972
3. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 (FRA)
4. The National Green Tribunal Act, 2010
5. Forest Conservation Act, 1980
6. Mines and Minerals (Regulation and Development) Act, 1957
7. Minerals Law (Amendment) Act, 2020
 Statement Of Jurisdiction
The Honorable Supreme Court of Parzania has the jurisdiction in this matter
under
Article 32 of the Constitution of Parzania which reads as follows:
“Remedies for enforcement of rights conferred by this Part—
1. The right to move the Supreme Court by appropriate proceedings for the enforcement of
the rights conferred by this Part is guaranteed.
2. The Supreme Court shall have power to issue directions or orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari,
whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
3. Without prejudice to the powers conferred on the Supreme Court by
clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable
by the Supreme Court under clause (2).
4. The right guaranteed by this article shall not be suspended except as otherwise provided
for by this Constitution.”
 Statement of Facts

1. Parzania is a secluded island in the Pacific Ocean, inhabited by 30,000 Parzanians for over 2000
years.
2. Parzanians are known for their reclusive nature, advanced science and technology, and rich mineral
resources.
3. Parzanians are organized into sub-groups based on familial skills, fostering distinct customs and
dialects.
4. Worship of deities is a central aspect, with different sub-groups having varied beliefs and practices.
5. Parzanians maintain a regimented lifestyle for survival and defense against potential threats.
6. A ruling clan has governed Parzanians for generations, establishing rules and hierarchies.
7. No external threats encountered in the past 50 years has led Parzanians to believe they are the last
surviving humans.
8. In 2020, Parzanians established a constitution, transitioning from a regimented society to a
democratic one with legislative, executive, and judiciary branches.
9. Parzania is home to diverse flora and fauna, rich mineral resources, and fossil wealth.
10. Continuous mining and industrialization over the last 50 years have led to significant
environmental degradation.
11. Low-lying regions near the coast are facing floods due to climate change.
12. The Pro-Nature People’s Association, an environmental group, advocates for sustainability and
absolute prohibition on mining activities.
13. The issue has garnered substantial public interest and reached the Supreme Court for constitutional
deliberation.
14. The Constitution of Parzania, including fundamental rights and directive principles of state policy,
supports environmental protection.
15. The Parzanians, recognizing their environmental responsibilities, are seeking a shift towards
sustainable practices.
16. The Constitution of Parzania guarantees fundamental rights to its citizens. These include the right
to life (Article 21), which encompasses the right to a clean and healthy environment. The
environmental degradation infringes upon this fundamental right, necessitating corrective
measures.
17. The directive principles of state policy, advocate for the protection and improvement of the
environment. Article 48A of the Parzanian Constitution emphasizes the duty of the state to
endeavor towards ensuring a balance between development and environmental conservation.
18. The Constitution of Parzania places a constitutional duty on the state to protect and improve the
environment for the well-being of its citizens. The right to life, encompassing the right to a clean
and healthy environment, must take precedence over economic interests that contribute to
environmental degradation.
19. The directive principles of state policy explicitly advocate for a balance between development and
environmental conservation, guiding the state towards sustainable practices.
 List of Issues

1. Whether the Public Interest Litigation (PIL) filed by the Pro-Nature People’s Association is
maintainable, whether the provisions of the Constitution of Parzania, provide a legal basis for
higher protection to the natural environment and the imposition of restrictions on mining
activities in Parzania and whether the Parzanian Constitution conflicts with the proposed
prohibition on mining and its impact on the economic and technological progress of the nation.

2. Whether the government and ruling clan of Parzania have fulfilled their constitutional duty to
protect the environment and address the impact of climate change, floods, and environmental
degradation on the well-being of the Parzanian people, whether the Absolute Prohibition on
Mining Activities aligns with the Constitutional provisions and the principles of environmental
sustainability and whether the environmental degradation and floods caused by climate change in
low-lying regions close to the coast necessitate the imposition of absolute prohibition on mining
activities, considering the balance between ecological preservation and economic development.

3. Whether the continuous mining and industrialization activities infringe upon the Fundamental
Rights of the Parzanian citizens

4. Whether the prolonged absence of visitors and external influences, leading to the belief that
Parzanians are the last surviving humans, imposes a unique moral responsibility on the
Parzanians to protect the environment for the continuity of their species, and if so, how it aligns
with constitutional principles.

5. What remedies and relief should be granted by the Supreme Court to ensure environmental
sustainability in Parzania while respecting the rights and traditions of its citizens, and whether
the Court can prescribe a roadmap for the transition from a regimented lifestyle to a democratic
society.
 Summary Of Arguments
1. Whether the Public Interest Litigation (PIL) filed by the Pro-Nature People’s Association is
maintainable, whether the provisions of the Constitution of Parzania, provide a legal basis for higher
protection to the natural environment and the imposition of restrictions on mining activities in Parzania
and whether the Parzanian Constitution conflicts with the proposed prohibition on mining and its impact
on the economic and technological progress of the nation.

The ProNature People's Association has filed a Public Interest Litigation (PIL) to challenge unregulated
mining activities, which harm the environment and citizens' livelihoods. The Constitution of Parzania allows
the state to restrict activities that threaten the environment and citizens' well-being. The PIL represents
citizens' right to seek redress for violations of their fundamental rights, particularly the right to a healthy
environment. The proposed prohibition on mining aligns with the constitutional mandate for sustainable
development in Parzania, ensuring long-term welfare while balancing economic and technological progress
with environmental preservation. The PIL encourages the exploration of environmentally friendly
technologies, fostering progress within ecological sustainability.

2. Whether the government and ruling clan of Parzania have fulfilled their constitutional duty to protect the
environment and address the impact of climate change, floods, and environmental degradation on the
well-being of the Parzanian people, whether the Absolute Prohibition on Mining Activities aligns with the
Constitutional provisions and the principles of environmental sustainability and whether the
environmental degradation and floods caused by climate change in low-lying regions close to the coast
necessitate the imposition of absolute prohibition on mining activities, considering the balance between
ecological preservation and economic development.

The Parzania government's inaction on environmental degradation and floods violates its citizens' right to
life and property. The government's failure to regulate mining activities contradicts the Directive Principles
of State Policy, which emphasizes the duty of the state to protect and improve the environment. The floods
in low-lying regions, exacerbated by climate change, threaten the Parzanian people's cultural rights. The
government must prioritize the preservation of ecological balance over short-term economic gains, as the
well-being of the Parzanian people is linked to their environment. The government and ruling clan have
failed to protect the environment and address climate change, requiring the Honorable Court's intervention.

3. Whether the continuous mining and industrialization activities infringe upon the Fundamental Rights of
the Parzanian citizens.

Article 21 of the constitution guarantees the right to life, including a healthy environment. However,
environmental degradation caused by mining and industrialization threatens this right. Climate change and
floods disproportionately affect different sections of society, violating Article 14's equality. Discrimination
based on religion, race, caste, sex, or place of birth is a fundamental right. Depletion of natural resources
disrupts traditional worship practices and infringes on Article 26's autonomy. Property devaluation due to
environmental degradation infringes on Parzanians' constitutional right to property under Article 300-A.
These issues highlight the need for addressing environmental degradation and ensuring a dignified and
wholesome environment for all citizens.

4.Whether the prolonged absence of visitors and external influences, leading to the belief that Parzanians are
the last surviving humans, imposes a unique moral responsibility on the Parzanians to protect the
environment for the continuity of their species, and if so, how it aligns with constitutional principles.
 The Parzanians, a democratic and egalitarian society, are embracing environmental protection as part of their
moral responsibility. The Parzanians' fragile ecosystem is threatened by mining and industrialization, and
their unique circumstances as the last surviving humans highlight the importance of the Right to Life under
Article 21 of the Constitution. The Pro-Nature People's Association's proposed measures demonstrate their
commitment to their species.

5. What remedies and relief should be granted by the Supreme Court to ensure environmental sustainability
in Parzania while respecting the rights and traditions of its citizens, and whether the Court can prescribe
a roadmap for the transition from a regimented lifestyle to a democratic society.

The Court aims to prohibit unregulated mining activities through strict regulations and monitoring mechanisms
to prevent resource depletion. It can prescribe guidelines for sustainable mining practices, direct the
government to promote eco-friendly practices, and encourage community participation in environmental
conservation efforts. The Court can declare the right to a healthy environment as an integral part of the right
to life under Article 21 of the Constitution, strengthening the legal framework for environmental protection. It
can prescribe a roadmap for transitioning from a regimented lifestyle to a democratic society that values
environmental sustainability, including phasing out industries contributing to environmental degradation and
encouraging eco-friendly technologies.
 Arguments Advanced
1. Whether the Public Interest Litigation (PIL) filed by the Pro-Nature People’s Association is
maintainable, whether the provisions of the Constitution of Parzania, provide a legal basis for
higher protection to the natural environment and the imposition of restrictions on mining activities
in Parzania and whether the Parzanian Constitution conflicts with the proposed prohibition on
mining and its impact on the economic and technological progress of the nation.

The ProNature People's Association filed a Public Interest Litigation (PIL) to address
environmental degradation caused by unregulated mining, which affects the lives and livelihoods
of its citizens. The Constitution of Parzania aims for a society where the State guards individual
rights and collective well-being. The PIL represents citizens' right to seek redress for violations of
their fundamental rights, particularly the right to a healthy environment. The ProNature People's
Association, acting as a watchdog for environmental protection, should be considered maintainable
in the larger interest of justice.
The Constitution of Parzania allows the State to restrict activities that threaten the environment
and citizens' well-being. Article 15(4) grants the State the power to create laws and policies for
societal improvement. The prohibition on mining activities is a legitimate exercise of this power,
as it addresses environmental degradation and public health risks. This targeted measure aims to
balance economic progress with environmental sustainability, aligning with the principles of
proportionality and reasonableness in the Constitution.
The court has the authority to review government actions for environmental and citizen welfare in
Parzania. The country's unique cultural context mandates the state to protect environmental rights,
with Article 48-A emphasizing the duty to safeguard forests and wildlife.
The proposed prohibition on mining aligns with the constitutional mandate for sustainable
development in Parzania, which aims to secure liberty and promote general welfare. This proactive
step ensures the nation's long-term welfare, while balancing economic and technological progress
with environmental preservation. The Constitution seeks a harmonious coexistence between
development and environmental preservation, ensuring the blessings of liberty and general
welfare.
The democratic setup allows for public participation in decision-making. The environmentalists,
represented by the Pro-Nature People's Association, are exercising their democratic right to
advocate for environmental protection. The prohibition on mining is a result of democratic
deliberations and reflects the will of the people.
The Parzanians, with their historical expertise in science and technology, can pivot towards
sustainable alternatives and innovations. The prohibition on mining encourages the exploration of
environmentally friendly technologies, fostering progress within the boundaries of ecological
sustainability.

2. Whether the government and ruling clan of Parzania have fulfilled their constitutional duty to protect the
environment and address the impact of climate change, floods, and environmental degradation on the well-
being of the Parzanian people, whether the Absolute Prohibition on Mining Activities aligns with the
Constitutional provisions and the principles of environmental sustainability and whether the
environmental degradation and floods caused by climate change in low-lying regions close to the coast
necessitate the imposition of absolute prohibition on mining activities, considering the balance between
ecological preservation and economic development.
 The degradation of the environment in Parzania directly affects the right to life under Article 21
of its inhabitants. The government's inaction in the face of environmental degradation and floods
infringes upon this fundamental right. The citizens of Parzania have a legitimate expectation that
their government will take concrete steps to ensure their right to a dignified life, free from the
adverse impacts of ecological degradation.
Article 300A, Right to Property, states that No person shall be deprived of his property save by
authority of law. The floods resulting from climate change pose a direct threat to the right to life
and property of the Parzanian citizens, violating their fundamental rights.
Article 48-A of the Directive Principles of State Policy emphasizes the duty of the State to protect
and improve the environment. The government's failure to regulate and prohibit mining activities
contradicts this constitutional directive.
The floods in low-lying regions close to the coast, exacerbated by climate change, demand urgent
and decisive action. The imposition of absolute prohibition on mining activities is not merely a
legal remedy but a constitutional imperative. The government must prioritize the preservation of
the ecological balance over short-term economic gains, recognizing that the well-being of the
Parzanian people is intricately linked to the health of their environment.
The unique customs, traditions, and worship practices of the Parzanian people are at risk due to
environmental degradation. The degradation of their natural surroundings directly impacts their
cultural rights, which are protected under Article 29 and 30 of the Constitution.
The Public Trust Doctrine emphasizes that the government holds natural resources in trust for the
people and is duty-bound to protect them.
The government and ruling clan of Parzania have failed to protect the environment and address
climate change, floods, and environmental degradation. The Absolute Prohibition on Mining
Activities is crucial for environmental sustainability and the well-being of the Parzanian people.
The Honorable Court's intervention is essential to restore the balance between ecological
preservation and economic development for present and future generations.

3. Whether the continuous mining and industrialization activities infringe upon the Fundamental Rights of
the Parzanian citizens.

Article 21 of the constitution guarantees the right to life, which includes the right to a healthy
environment. This right is not just about physical survival but also about living in a dignified and
wholesome environment. Environmental degradation, caused by mining and industrialization,
directly impacts the quality of life and threatens the essence of the right to life. Climate change,
exacerbated by industrial activities, poses a significant threat to the right to life and a healthy
environment. Parzania citizens seek refuge under Article 21 to address these issues.
The indiscriminate exploitation of natural resources, coupled with the adverse effects of climate
change and floods, disproportionately affects different sections of our society. The right to equality
under Article 14 is violated when the consequences of environmental degradation are borne
disproportionately by certain groups, thus creating an unequal burden on our citizens.
Article 15(1): The prohibition of discrimination on grounds of religion, race, caste, sex, or place
of birth is a fundamental right. The environmental degradation caused by continuous mining
activities has led to adverse consequences, particularly affecting certain low-lying regions close to
the coast. The resulting floods and other ecological imbalances disproportionately impact citizens
residing in these areas, thus creating a discriminatory impact on the basis of their place of
residence.
Article 26: Freedom to manage religious affairs: The worship practices of different sub-groups on
the island are protected under Article 26.The distinct sub-groups in Parzania, each with its own set
of customs and beliefs associated with the worship of their revered deities, rely on the island's rich
natural resources for their religious practices. The depletion of these resources disrupts the
traditional ways of worship and infringes upon the autonomy of religious denominations, as
protected by Article 26.
The continuous environmental degradation, caused by mining, leads to property devaluation.
Parzanians are being deprived of the value of their properties, infringing upon their constitutional
right to property under Article 300-A.

4. Whether the prolonged absence of visitors and external influences, leading to the belief that
Parzanians are the last surviving humans, imposes a unique moral responsibility on the Parzanians
to protect the environment for the continuity of their species, and if so, how it aligns with
constitutional principles.

The Parzanians, in their pursuit of a democratic and egalitarian society as envisioned in their 2020
constitution, recognize the need for a shift from their regimented lifestyle. This paradigm shift
includes embracing environmental protection as an integral part of their moral responsibility.
This proposal aligns seamlessly with the moral responsibility of the Parzanians to secure the
continuity of their species. The devastation caused by continuous mining and industrialization
directly threatens the fragile ecosystem of Parzania. The low-lying regions close to the coast are
now experiencing floods, putting the very existence of the Parzanians at risk.
The unique circumstance of the Parzanians being the last surviving humans heightens the
importance of the Right to Life under Article 21 of the Constitution.
The absence of ship visits or attacks for the past 50 years is an opportunity for the Parzanians to
embrace their unique moral responsibility.
The proposed environmental protection measures by the Pro-Nature People's Association are a
manifestation of the Parzanians' commitment to the continuance of their species.

5. What remedies and relief should be granted by the Supreme Court to ensure environmental
sustainability in Parzania while respecting the rights and traditions of its citizens, and whether the
Court can prescribe a roadmap for the transition from a regimented lifestyle to a democratic
society.

The Court seeks an absolute prohibition on unregulated mining activities, enforced through strict
regulations and monitoring mechanisms to prevent further depletion of mineral resources and
fossil wealth. It can prescribe guidelines for sustainable mining practices that align with
environmental conservation. The Court can direct the government to promote sustainable practices
in industries, agriculture, and everyday life, including tax benefits for eco-friendly initiatives,
subsidies for renewable energy projects, and strict penalties for harmful activities.

Community participation in environmental conservation efforts can be encouraged through

awareness campaigns, education programs, and involving local communities in decision-making
processes. The Court can declare the right to a healthy environment as an integral part of the right
to life under Article 21 of the Constitution, strengthening the legal framework for environmental
protection and empowering citizens to take legal action against activities that threaten ecological
balance.

A roadmap for transition from a regimented lifestyle to a democratic society that values
environmental sustainability can be prescribed by the Court, which may involve phasing out
industries that contribute to environmental degradation, promoting sustainable agriculture
practices, and encouraging the use of eco-friendly technologies.
Alternatives of mining like Recycling, Bioming, In-situ leaching, etc., can be used.
 Prayers

In the light of the issues raised, arguments advanced and authorities cited,

may this Hon’ble court be pleased to:

1. Completely prohibit all mining activities in the State of Parzania.

2. Order higher protection to the natural environment to promote sustainability.

AND/OR

Pass any other order that deems fit in the interest of Justice, Equity, and

Good Conscience.

And for this, the plaintiff as duty bound, shall humbly pray.