MOOT PROPOSITION

The Republic of Xindia is a Union of States having laws “Pari Materia” with that of
country India. It Got independence from British Rule in 1947. The Constitution of
Xindia imbibes in itself wisdom and farsightedness based on the principle of "Secular,
Socialist and Sovereign” and it welcomes every citizen with open heart. The country
Xindia have a governing constitution of its own which has been formulated after
taking inspiration from the constitutions of the major democracies of the world. It
encompasses the values of Human Dignity and Equality. The constitution guarantees
certain basic rights which are known as Fundamental rights. Moreover, Xindia is a
member of the U.N. and has vowed to abide by and implement the mandate of all
International Human Rights instruments.

The Republic of Xindia is a Secular Country and major religion is Hinduism but
besides that there are several other minority religions such as Islam, Christianity, and
Jainism etc.

The constitution of Xindia is majorly based on the system known as “Right to

Equality” which clearly states that every person irrespective of caste, creed, sex,
place of birth will be treated equal.

Though the Constitution provides for ‘gender equality', but Xindia is Patriarchal
Society and thus dominated by males and because of this reason women never
enjoyed equal rights as that of males. However, with the passage of time, women of
Xindia have become aware of their rights and liberties, and sporadically, voices are
raised by the women bodies and organizations laying emphasis on equal and greater
participation of women in the governance of the country, both at federal and
provincial levels. Although there was continuous protest to provide women
reservation in legislative assemblies, parliament and other government owned offices
but no ruling government took an active interest in passing any such law since this
amendment need to be passed with full majority and no ruling government was
having full majority.

Since mass protest were going on therefore in the year 2015 a group of women
activists, formed a political party known as “Aam Aurat Party”, whose main agenda
 for the elections were to provide 33% reservation for the women in the different
sectors so women can also enjoy equal status in the society as that of male member
and also reservation and special privileges to other minorities residing in Xindia.
Many other political parties such as “Xindia Janta Party” and “Norace” criticized this
demand of “Aam Aurat Party” on the ground that it is not legitimate demand as it
infringes Right to Equality which is a core essence on which constitution of Xindia is
based.

Even after all this criticism “Aam Aurat Party” carried its election campaign and
because of the support from the masses it celebrated a whopping victory with full
majority and thus soon after formation of the new government “Aam Aurat Party”
passed a constitutional amendment and a new article 15(3) was added and through
which they passed a legislation which provides 33% reservation to women under
different government sectors and they also provided certain type of reservations for
minorities. Aggrieved by this Leader of Xindia Janta Party Mr. Jogendra Lodhi filed
an application in Supreme Court against the validity of this constitutional amendment
and stated that this amendment violated the basic structure of Xindian Constitution as
it clearly infringes Right to equality. Also leader of “Norace” party Mr. Foul Aandhi
also filled a PIL in Supreme Court of Xindia court against the constitutional validity
of this amendment and reservation being provided to women on the ground that it
infringes right to equality and also he contended that no special need to be provided
to minorities community since Xindia being a secular country and thus it infringes the
core basic structure of Xindian Nation and also it will create communal ruckus.

Although the ruling party i.e. “Aam Aurat Party” denied all the allegations and stated
that these petitions are frivolous in nature and on the basis of these frivolous petitions
these parties want to drag Xindia backward and also stated that since in order to
achieve equal status in the society women reservation and minority reservation is the
necessary step.

Supreme Court of Xindia has clubbed both the petition and reserved the matter for
final hearing on 14th September.

THE MAIN ISSUES BEFORE THE SUPREME COURT ARE:-

1. WHETHER THE LAW PROVIDING FOR 33% RESERVATION TO

 WOMEN IN THE PARLIAMENT IS ARBITRARY AND VIOLATIVE
OF THE CONCEPT OF EQUALITY?

2. WHETHER LEGISLATING SUCH LAW PROVIDING 33%

RESERVATION TO WOMEN IN PARLIAMENT AND THE
AMENDMENT TO ARTICLE 15(3) SMACKS OF SOME ULTERIOUR
RELIGIOUS MOTIVES, AND IF SO, DO THEY VIOLATE SECULAR
PRINCIPLES AND CAN THEY BE CHALLENGED ON THIS
GROUND?

3. WHETHER SUCH CONSTITUTIONAL AMENDMENT TO ARTICLE

15(3) VIOLATES THE BASIC STRUCTURE OF THE
CONSTITUTION?