[Type the document title]

TEAM CODE: P-5

MAHARAJA AGRASEN UNIVERSITY, H.P., INDIA

SCHOOL OF LAW

MOOT COURT

SESSION 2015-2020

BEFORE THE HON’BLE SUPREME COURT OF INDIA

SONAL SINHA (PETITIONER)

V.

UNION OF INDIA (RESPONDENT)

ON SUBMISSION TO THE REGISTRY OF THE COURT

OF THE HON’BLE SUPREME COURT OF INDIA

MEMORIAL FOR THE RESPONDENT- UNION OF INDIA

PREPARED AND SUBMITTED BY- SHASHANK GUPTA (MAU15UBL041)

SUBMITTED TO- Mr. RAJESH KUMAR

[Type text] Page 1
 SUPREME COURT OF INDIA, NEW DELHI

Civil No.-_______________________

SONAL SINHA ……………………………………………………………..(PETITIONER)

V.

UNION OF INDIA ………………………………………………………..(RESPONDENT)

INDEX

[SHASHANK GUPTA, MAU15UBL041]

S.No. PARTICULARS DATE PAGE
No.
01. List of Abbreviations 14/04/2020 01-02
02. Index of Authorities 14/04/2020 03-05
03. Statement of Jurisdiction 14/04/2020 06
04. Statement of Facts 14/04/2020 07-08
05. Statement of Issues 14/04/2020 09
06. Summary of Arguments 13/05/2020 10-11
07. Advanced Arguments 13/05/2020 12-44
I) Whether CAA violates the spirit of constitution of … 12
Republic of India?
II) Whether CAA violates the constitutional
provisions or not? … 15
1) Challenge on the basis of violation of Article 5-11
of Constitution of India. … 16
2) Challenge on the basis of violation of Article 14
of Constitution of India. … 17
3) Challenge on the basis of violation of Article 15
& 19 of Constitution of India. … 33
4) Challenge on the basis of violation of Article 21
of Constitution of India. … 34
5) Challenge on the basis of violation of Article 25-
28 of Constitution of India. … 39
III) Whether Section 14A OF 1955 ACT is arbitrary … 41
or not?
IV) Whether cut-off date set by government is … 42
arbitrary or not?
V) Whether does CAA give wide discretion to … 43-44
government to cancel OCI registrations or not?
08. Prayer 14/05/2020 45
09. Affidavit 14/05/2020 46
10. ANNEXURE- R 01 … 47-48
11. ANNEXURE- R 02 … 49-50
12. ANNEXURE- R 03 … 51-52
13. ANNEXURE- R 04 … 53-55
14. ANNEXURE- R 05 … 56-57
15. ANNEXURE- R 06 … 58
16. ANNEXURE- R 07 … 59-60
17. ANNEXURE- R 08 … 61-62
18. ANNEXURE- R 09 … 63
19. ANNEXURE- R 10 … 64
20. ANNEXURE- R 11 … 65-81
21. ANNEXURE- R 12 … 82-83
22. ANNEXURE- R 13 … 84-85
23. ANNEXURE- R 14 … 86-90
24. ANNEXURE- R 15 … 91-107
26. POWER OF ATTORNEY 16/05/2020 108

[SHASHANK GUPTA, MAU15UBL041]

 LIST OF ABBREVIATIONS

AIR All India Reporter

All Allahabad High Court

Cal Calcutta High Court

Cri LJ / Cr LJ Criminal Law Journal

CrPC. Code of Criminal Procedure

Del Delhi High Court

1955 Act Citizenship Act, 1955

CAA Citizenship (Amendment) Act, 2019

Ed. Edition

Guj Gujarat High Court

IPC Indian Penal Code

IC Indian Cases

Mad Madras High Court

n. Foot Note no.

Ori Orissa High Court

p. Page No.

P&H Punjab and Haryana High Court

Pat Patna High Court

PW Prosecution Witness

Raj Rajasthan High Court

SC Supreme Court

SCC Supreme Court Cases

SCJ Supreme Court Journal

SCR Supreme Court Reporter

[SHASHANK GUPTA, MAU15UBL041]

 Sec. Section

v. Versus

CJM Chief Judicial Magistrate

Ors. Others

Anr. Another

[SHASHANK GUPTA, MAU15UBL041]

 INDEX OF AUTHORITIES

BOOKS

NAME

BANGLADESH CONSTITUTION, LAW AND JUSTICE by Nagendra Kr Singh

BLACK’S LAW DICTIONARY Ninth edition by Garner

CITIZENSHIP ACT, 1955 (2020 Edition) by Eastern Book Company

CITIZENSHIP IN INDIA by Anupama Roy

CONSTITUIONAL LAW OF INDIA Fifty first edition 2014 by Dr. J.N. Pandey

CONSTITUTION OF INDIA Twelfth edition 2013 by V.N. Sukla’s, Mehendra Pal Singh

CONSTITUTIONAL AND POLITICAL HISTORY OF PAKISTAN by Hamid Khan

CONSTITUTIONAL LAW OF BANGLADESH by Bangladesh Institute of Law and
International Affairs.
CONSTITUTIONAL LAW OF INDIA Thirteenth edition 2018 by Prof. G.S. Pande

FOREIGNERS ACT, 1946 by Eastern Book Company

INDIAN CONSTITUTIONAL LAW Seventh edition 2014 by M.P. Jain

INDIAN LAW REVIEW Volume 2, 2018 (ROUTLEDGE)

MIGRATION AND ISLAMIC ETHICS 2019 by Ray Jureidini and Said Fares Hassan

PASSPORTS ACT, 1967 by Eastern Book Company

PROFESSIONAL'S CITIZENSHIP ACT, 1955 BARE ACT; 2018 Edition

THE CONSTITUTION AND LAWS OF AFGHANISTAN by Sultan Mohammad Khan

THE CONSTITUTION LAW OF INDIA First edition 2009 by Narender Kumar

THE CONSTITUTION OF INDIA Reprint 2019 by Narender Kumar

THE CONSTITUTION OF PAKISTAN: A CONTEXTUAL ANALYSIS by Sadaf Aziz

THE FOREIGNERS ACT, 1946; 2019 Edition by Commercial Law Publisher
THE PASSPORTS ACT, 1967 by Thomson Reuters

[SHASHANK GUPTA, MAU15UBL041]

 WEBSITES

http://www.findlaw.com

http://www.judis.nic.in

https://www.deccanherald.com/

https://www.scobserver.in/

https://openthemagazine.com/

https://www.livelaw.in/

http://www.legislative.gov.in/

https://www.mea.gov.in/

https://www.india.gov.in/

https://www.livemint.com/news

http://www.legalserviceindia.com/

https://www.theindiaforum.in/article

http://www.egazette.nic.in/

https://economictimes.indiatimes.com/news

https://www.indialegallive.com/

https://www.firstpost.com/

https://www.thehindu.com/

http://www.scconline.com
http://www.manupatra.co.in/AdvancedLegalSearch.aspx
www.thelawdictionary.org

www.casemine.com
www.indiankanoon.com

www.lawoctopus.com

http://www.millenniumpost.in/

[SHASHANK GUPTA, MAU15UBL041]

https://www.lawnotes.in/

https://www.academia.edu/

http://www.the-laws.com/Encyclopedia/Browse/

[SHASHANK GUPTA, MAU15UBL041]

 STATEMENT OF JURISDICTION

The counsels appearing on behalf of respondent humbly submits that Petitioner has filed
following writ under Article-321 of Indian Constitution:

Writ in nature of Certiorari praying to declare the Citizenship (Amendment) Act,

2019 as a whole, and/or specifically Sections 2, 3, 5 and 6 thereof as ultra-vires the
Constitution being palpably discriminatory, manifestly arbitrary, illegal and violative
of Articles 14, 15, 19, 21, 25 and 29 and also against the basic structure of the
Constitution and consequently striking down the impugned provision as ultra-vires the
Constitution of India.

[Annexure - R 15; Page 91 to 107]

1
ARTICLE-32: 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 clause (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.

[SHASHANK GUPTA, MAU15UBL041]

 STATEMENT OF FACTS

1. That, India (democratic country), shares border with Pakistan, Afghanistan and
Bangladesh [hereinafter referred to as “particular countries”].
2. That, the Constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific
state religion. As a result, many persons belonging to minority like Hindu, Sikh,
Buddhist, Jain, Parsi and Christian communities [hereinafter referred to as “classified
communities”] have faced persecution.
3. That, many people still fear about such persecution everyday where right to religion has
been obstructed.
4. That, many such persons have fled to India to seek shelter and continued to stay in India
even if their travel documents have expired or they have incomplete or no documents.
5. That, The Citizenship Act, 1955 was enacted to provide for the acquisition and
determination of citizenship of India. Citizenship Act, 1955 provides various ways in
which citizenship may be acquired.
6. That, it also regulates the registration of Overseas Citizen of India Cardholders (OCIs),
and their rights.
7. That, an OCI is entitled to some benefits such as a multiple-entry, multi-purpose lifelong
visa to visit India.
8. That, the Act prohibits illegal migrants from acquiring Indian citizenship. It defines an
illegal migrant as a foreigner:
(i) Who enters India without a valid passport or travel documents, or
(ii) Stays beyond the permitted time. The Central Government exempted migrants
from the adverse penal consequences of the Passport (Entry into India) Act,
1920 and the Foreigners Act, 1946 and rules or orders made there under.
(iii) Subsequently the Central Government also made them eligible for long term
visa to stay in India.
9. That, now it is proposed to make migrants eligible for Indian Citizenship. The illegal
migrants who have entered into India up to the cut of date of 31.12.2014 need a special
regime to govern their citizenship matters. State of India passed THE CITIZENSHIP
(AMENDMENT) ACT, 2019, An Act further to amend the Citizenship Act, 1955.

[SHASHANK GUPTA, MAU15UBL041]

10. That, Ms. Sonal Sinha, a practicing lawyer and member of NGO has filed case before
Supreme Court to challenge constitutional validity of The Citizenship (Amendment)
Act, 2019 thereby challenging Article 14, 21 and other provisions of constitution of India
and also it gives wide discretion to government to cancel OCI registration.
11. That, this case was admitted and posted for final hearing before Supreme Court of
Republic of India.

Note:
 All Indian Laws and official notifications are applicable here.

STATEMENT OF ISSUES

[SHASHANK GUPTA, MAU15UBL041]

ISSUE I: Whether CAA violates the spirit of constitution of Republic of India?

ISSUE II: Whether CAA violates the constitutional provisions or not?

ISSUE III: Whether Section 14A of 1955 Act is arbitrary or not?

ISSUE IV: Whether cut-off date set by government is arbitrary or not?

ISSUE V: Does CAA give wide discretion to government to cancel OCI registrations or not?

[SHASHANK GUPTA, MAU15UBL041]

 SUMMARY OF ARGUMENTS

I. WHETHER CAA VIOLATES THE SPIRIT OF CONSTITUTION OF REPUBLIC

OF INDIA?

The law is criticised for not including Muslims from these countries as also persons suffering
persecution in other neighbouring countries.

There is more rhetoric than legal reasoning in the contention that the law is opposed to the
principles of secula………………….

II. WHETHER CAA VIOLATES CONSTITUTIONAL PROVISIONS OR NOT?

At first blush the law may appear to be discriminatory and unconstitutional, but such charge
does not stand closer scrutiny. The gravamen is that the law singles out and excludes Muslims,
that th…………….

III.WHETHER SECTION 14A OF 1955 ACT IS ARBITRARY OR NOT?

It is submitted that the said section was inserted by Act No.6 of 2004 which came into
effe…..

IV. WHETHER CUT-OFF DATE SET BY GOVERNMENT IS ARBITRARY OR

NOT?

The said assertion regarding cut-off date is erroneous as the Petitioners ignore that t……….

[SHASHANK GUPTA, MAU15UBL041]

 V. DOES CAA GIVE WIDE DISCRETION TO GOVERNMENT TO CANCEL OCI
REGISTRATIONS OR NOT?

Overseas Citizen of India (OCI) cardholders are not Indian citizens. It is submitted that…..

ADVANCED ARGUMENTS

[SHASHANK GUPTA, MAU15UBL041]

I. WHETHER CAA VIOLATES THE SPIRIT OF CONSTITUTION OF REPUBLIC
OF INDIA?
At the outset, it is submitted that the Parliament is competent to make laws for the whole or
any part of the territory of India as provided in Article 245 (1)2 of The Constitution……………………………….

…………………………………………

……………………………….

2
245. (1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the
territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

[SHASHANK GUPTA, MAU15UBL041]

 PRAYER

In light of the issues raised, arguments advanced and authorities cited, the counsel for
Respondent humbly prays that the Hon’ble Court be pleased to adjudge, hold and declare:

1) CAA is not opposed to the principles of secularism and does not infringe the Constitution’s
basic structure.

2) CAA does not violate the fundamental rights or any Constitutional provision.

3) That judicial review cannot be based on international conventions and that international law
cannot take precedence over a domestic law made by Parliament.

4) The system for registration of citizens as stated under Section-14A of 1955 Act does not fall
arbitrary to powers of Government.

5) India has never had an open ended provision for citizenship; hence, the cut-off date set by
government is not arbitrary.

6) The fact that some provisions with regards to OCI needs to reconsidered/ elaborated does not
render CAA unconstitutional.

7) It is further prayed that petition filed by petitioner be set aside.

And pass any order that this Hon’ble court may deem fit in the interest of equity, justice and
good conscience.

All of which is most humbly and respectfully submitted.

Sd/- (Counsel for Respondent)

[SHASHANK GUPTA, MAU15UBL041]

 AFFIDAVIT

I, Shashank Gupta S/o Shri Rajiv Gupta, aged 22 years, do hereby solemnly affirm and state as
follows:

1) That in my official capacity I am acquainted with the facts of this case, I have
perused the record and am competent and authorized to swear this affidavit on
behalf of the Union of India.

2) I state and submit that the petition have been filed pertaining to direct or indirect
challenge to the Citizenship [Amendment] Act, 2019. The petition Central
Government is served with as on date has been served, perused and examined
carefully.

3) I hereby deny and dispute all the facts stated, contentions raised and grounds
urged in the petition except those which are specifically and unequivocally
admitted in this reply. I state and submit that the non-dealing with the petition
parawise or occurrence of a typographical error may not be considered as my
having admitted the truthfulness or otherwise of any of the contents thereof.

[SHASHANK GUPTA, MAU15UBL041]

 ANNEXURE- R 01

SUPREME COURT OF INDIA

SHRI RAM KRISHNA DALMIA VS SHRI JUSTICE S. R. TENDOLKAR & ... ON 28 MARCH, 1958

JUDGMENT:

…………….

…….

………..

[SHASHANK GUPTA, MAU15UBL041]

 POWER OF ATTORNEY

[SHASHANK GUPTA, MAU15UBL041]