MOOT PROPOSITION

>1. Indinagar is a country which was, throughout its

history, intermittently
disturbed by invasion from outside. Espccially
important was the coming of
Islam. Eventually. some of those raiders stayed. By the end of 13th century
Brilih major portion of the subcontinent was under Muslim rule. Major external
LnvaMOn intluences (mainly British), arriving by sea resulted into decline of the
ruling
Muslim elite and absorption of the subcontinent within the British Empire. As
such. direct administration by the British began in 1858 which affected the
political and economic unification of the subcontinent.
2 . On 15.08.1947 the Union of Indinagar declared its independence from the
colonial rule of British Empire.
Lndepondence Consequently the British left
Indinagar.
However, before
leaving the
British, through the enactment of Indinagar
Independence Act, 1947, largely divided Indinagar into two sovereign states
namely Union of Indinagar and Republic of Bhuminagar. But some 580 princely
states that had signed subsidiary alliances with the British also had their
sovereignty fully restored to them and were given three options:
i) to remain as independent territories, or
ii) to join the Dominion of Indinagar or
i) join the Dominion of Bhuminagar.
Lauman 3 . Section 6(a) of the Indinagar Independence Act, 1947 said that this act of
joining one of the two countries was to be through an Instrument of Accession
otacceion Though no prescribed form was provided, a state so joining under Section 6(2)
could specify the terms on which it was deciding to join one of the new
dominions. With the efforts of the then political leaders all the stakeholders
were brought on the table and were promiseda Union of States that would stand
up for justice, human rights, quality and the rule of law.
>4. Almost all the princely states signed the treaty of accession with the Union of
Indinagar except few states including Purbapradesh. Pre-1947, Purbapradesh
was a princely state with a Hindu king and a majority Muslim population. Due

ouonmmH
Pnbop
t o its strategic geographical location, its ruler Dhiraj Singh initially decided to
remain independent and preferred to sign standstill agreements with Indinagar
and Bhuminagar. In September 1947 the Purbapradesh was attacked by the
tribals, allegedly aided by the Bhuminagar Army. At this stage Maharaja Dhiraj
Singh sought indulgence and protection from the Union of Indinagar. The union
agreed for the help on the condition that the Maharaja has to sign and ratity the
accession of the State of Purbapradesh to Indinagar.
 35. The lnstrument of Accession was thus signed on certain terms on 26 October

fccemmo 1947 and Lord Owen Hart as iovernor (ieneral of independent Indinagar
accepted it on 27 October 1947 on b e h a l f o f t h e Giovernment o f Indinagar. The

Schedule appended to the Instrument of Accession gave the Indinagar

Ace

Parliament power to legislate for Purbapradesh on only defence, external affairs

and communications.
6. In Clause 5 of Purbapradesh's Instrument of Accession, Dhiraj Singh

wiunen
bevaue
explicitly mentioned that the terms of "my Instrument of Accession cannot be
varied by any amendment of the Act or of Indinagar Independence Act unless
such amendment is accepted by me by an Instrument supplementary to this
Instrument."
7 . On 27.10.1947 the troops from the Union of Indinagar reached Purbapradesh
for aide against the unwelcomed invaders and the Indinagar Army was able to
p u l l back the invaders till they reached Rajpur Valley where they came in face
Craaken
ahen to face with Bhuminagar Army and a stand still was initiated with armies of
both the countries holding their respective post, which was later termed as the

L-CC Line of Control and the area in possession of the Bhuminagar Amy was termed
LO as Bhuminagar occupied Purbapradesh. The Purbapradesh conflict thereafter
became a territorial conflict primarily between Indinagar and Bhuminagar over
the Purbapradesh region.
8. The dispute was then referred to the Nations Alliance (The Nations Alliance
i s an international organization committed to maintaining international peace
Maliolion and security) and a Nation Alliance Commission for Indinagar and Bhuminagar
by
NAG (NAC) was established to investigate the issue and mediate between the two
countries but both the countries did not agree of any of the mediation efforts of
NAC.
9 . The framers of the Constitution of Indinagar inserted Article 370 in
theindinagar constitution which gave special status to Purbapradesh confering
At370 it with the power to have a separate constitution, a state flag and autonomy over
the intenal administration of the state. The article was drafted in Part XXI of
the Constitution: Temporary, Transitional and Special Provisions
10. On 26.01.1950 the Union of Indinagar adopted the Constitution of Ind1nagar

Couat:
1 replacing Indinagar Act (1935) as the governing document
the Government of
then President of Indinagar, viaa
dunaar
A o f Indinagar. Another circular was passed by the
apla the State of
which the powers of the union Government were extended
to
Constitution of
Purbapradesh, under power conferred under Article 370 of the
Indinagar.

A
 11. The Constituent Assembly of Purbapradesh was convened on 31st October
1951 and afler adopting the Purbapradesh Constitution a decision was taken to
Pimoul dissolve it trom 26th January 1957.
2 . In the year 1952 an agreement was signed between the Union of Indinagar
Roe and the constituent assembly of the State of Purbapradesh, that all the powers of
Kthe Union Government shall be exercised in consonance and on aid and advice

Keyudalion3
s

sper
A O,
of the elected representative of the State.
13. In the year 1975 a pact was signed between the then Prime Minister of the

Union of Indinagar and the Chief Minister of the Purbapradesh that the affairs
of the state of Purbapradesh will be regulated as per the terms stipulated in
Article 370 of the Constitution of Indinagar.
14. In 1989, Purbapradesh protest movements were started to voice

grievances with the Indinagar government in the

r o t i smoe Purbapradesh's disputes and
Valley. While claiming for
for
Indinagar-controlled
-mentume Purbapradesh
self-determination some Purbapradesh separatists gotinvolved in armed conflict
amadcofid
with the Indinagar government.
15. In the year 2010 Purbapradesh unrest began after an alleged fake encounter
urar
aia
between local youth and security forces. Thousands of youths in Purbapradesh
attacked security forces, burned government offices, and attacked railway
ounLndinaga
ntartd
a l

stations and official vehicles in steadily intensifying violence. The Indinagar

government blamed separatists and Islamic Caliphate Organization,
a
cka

-
Bhuminagar-based militant group, for stoking the 2010 protests. The adjoining
boundary of Purbapradesh with the Republic of Bhuminagar became a regular
route for the terrorists for sneaking into Indinagar which resulted into several
terrorist attacks all over Indinagar

Duotuion >16. Due to disruption in the State of Purbapradesh, on 22.11.2018 the legislative

amemblyr assembly of the State of Purbapradesh was dissolved by

Purbapradesh and subsequently restrictions were imposed
the Governor of
in the state of
S Purbapradesh especially in Purbapradesh Valley and state leaders were detained
forces
in their home and an atmosphere of fear was created by deploying armed

Prmiþblihdop
0rderdmtad 17.
Jof
in enormous number.
On 05.08.2019 the President of Indinagar
Indinagar exercising the power conferred
order in the Gazette
published an

by clause I of Article 370 of the

Article 367
Constitution of Indinagar. The order amended Article 370 through
leading to removal of the special status of the state of Purbapradesh.

lmeoedad
communication lines
>18. Soon after the announcement ofscrapping Article 370,
All 100 telephone exchanges in
Were snapped across Purbapradesh.
S u h
oran
 Purbapradesh were shut down as part of the communication blockade. Curfew
was imposed. tourists and pilgrims were evacuated from the state and several
political leaders were detained Various academicians and activists sought
restoration of the telecom and internet facility and denounced the restriction as

arbitrary and undemocratic'. A press relcasc released by the academicians

was

and activists stating that a fundamental norm in a democracy is that the party in

power does not have the right to lock up its political opponents when they have
not cven been accuscd of any crimes.

Pproached 19. The restrictions, especially the blockade on communication lines,

normal life in the region and affected essential services. An activist organization
namcd
onloekdan
n
People's Welfare Organization filed a petition before the Hon'ble
disrupted

Supreme Court for the illegal lockdown leading to violation of the basic
human and fundamental rights, stating the aforementioned contentions.
20. Mr. Amir Hussain who happens to be a resident of the State of Purbapradesh
the
Sridni iled petition before the Hon'ble Supreme Court thereupon challenging
a
of
presidential order dated 05.08.2019 being illegal, arbitrary and void
ordechallai
constitutional authority and has also sought intervention of the Hon'ble

Supreme Court with regards to the violation of Human rights in the State of
Purbapradesh.
The main contention of the petitioner challenging the Constitution
Cowtlion
,onnlio 21.
o thechallana
Application to Purbapradesh) Order, 2019 is that the Presidential Order
g a i n

tantamounts
o r d e e
* *
to the President doing indirectly what he cannot do directly i.e.
amending Article 370 through Article 367 because he has power to amend no

Article 370 directly. It is further contented by the petitioner that multiple

Article 370 is
Supreme Court decisions have established that
a permanent
S G

provision precisely because the Constituent Assembly of Purbapradesh

dissolved itself without making such a recommendation.
clause cannot override
22. The petitioner further submitted that an interpretation
Article 367(4)Md) cannot override
Validao Athe clear meaning of the actual provision i.e.
Article 370(3). Article 370(I(d) only empowers the President to modify
And3703 are made applicable to
existing provisions of the Constitution when they
a fresh provision to
Purbapradesh. The Presidential Notification however adds
the Constitution in the form of Article 367(4).
constitutional amendment to
23. Thus finally the petitioner contends that for any
be applicable to Purbapradesh, we need to follow the process under Article Sos.
contended that the President can pass an order only n
Moreover, it is
consultation with the state govemment.
 24. Defending the Constitution (Application to Purbapradesh) Order, 2019 the

Abrogalion government has primarily submitted before the Supreme Court of Indinagar that
militants and separatist elements, with the support of foreign forces inimical to

o Indinagar, were taking advantage of the situation and has further submitted that
nad Article 370, in its original form, was a temporary provision with respect to
decision
Purbapradesh. Further, the Indinagar Union Govt. submitted that the
theha
a

hwas that removed the special status enjoyed under Article 370 was taken in national

interest and in the interest of the security and integrity of the country.
Prepare Memorial and counter memorial for both the parties.