FRONT PAGE TEAM CODE: 16

THE MOOT COURT MEMORIAL, 2020

BEFORE THE HON’BLE COURT OF ASGARD

PETITION AGAINST SUBROGATION OF ART. 370 BY THE

GOVERNMENT OF ASGARD

IN THE MATTER OF

CITIZEN OF VORMIR PETITIER

VERSUS

UNION OF ASGARD RESPONDENT

PETITION FILED UNDER ART. 32 OF THE CONSTITUTION OF

ASGARD

MEMORIAL ON BEHALF OF THE RESPONDENT

1
 THE MOOT COURT MEMORIAL, 2020

[TABLE OF CONTENTS]

INDEX OF AUTHORITIES………………………………………………………………….3
Cases………………………………………………………………………………………………4
Book………………………………………………………………………………………..5
STATEMENT OF JURISDICTION………………………………………………………..6
STATEMENT OF FACTS......................................................................................................7-8
STATEMENT OF ISSUES………………………………………………………………….9
SUMMARY OF ARGUMENTS ………………………………………………………………..10-12
ARGUMENTS ADVANCED ……………………………………………………………………13-26
I. WHETHER THE PETITIONS ARE MAINTAINABLE OR NOT?

II. WHETHER IMPOSITION OF PRESIDENT’S RULE UNDER ART. 356 OF THE

CONSTITUTION OF ASGARD VALID?

III. WHETHER ENFORCEMENT OF

CONSTITUTION(APPLICATION TO VORMIR) ORDER, 2019 IN THE
STATE OF VORMIR VALID?

IV. WHETHER IMPOSITION OF SEC. 144 OF CRIMINAL CODE OF

PROCEDURE & THE HOUSE ARREST OF PROMINENT POLITICAL
LEADERS OF THE STATE OF VORMIR VALID?
V. WHETHER THE REORGANISATION OF THE STATE OF VORMIR INTO
UNION TERRITORIES OF WAKANDA & VORMIR VALID?

PRAYER……………………………………………………………………………………… 30
 THE MOOT COURT MEMORIAL, 2020

INDEX OF AUTHORITIES

CASES

Arjun Singh vs State of Rajasthan 13

S. R. Bommai v. Union of Asgard 14

State Of Rajasthan & Ors. vs Union Of Asgard 15

A. K. Roy, Etc vs Union Of Asgard & Anr 15

State Of Karnataka vs Union Of Asgard & Another 15

Puranlal Lakhanpal vs The President Of Asgard & Others 20

Sampat Prakash vs State of Jammu & Kashmir & Anr. 20

Ummul Kulus v. Ex. Magistrate, Union Territory 23

B.B.N school v. dist. Mag. Allahabad, 1990, crlj 422 (all) 23

 THE MOOT COURT MEMORIAL, 2020

STATUES:-
1. The Constitution of India,1950
2. Code of criminal procedure 1973
3. Jammu & Kashmir Reorganization Act 2019
4. Jammu & Kashmir Public Safety Act, 1978

BOOKS REFERRED :-
1) J.N. PANDEY, THE CONSTITUTIONAL LAW OF INDIA, (52nd ed.
2015).
2) JAIN M.P, INDIAN CONSTITUTIONAL LAW (8th ed. Lexis Nexis).
3) SHUKLA V.N. CONSTITUTION OF INDIA (13th ed.
Eastern Book Company)
4) SUPINDER KAUR, CRIMINAL PROCEDURE CODE(7thth ed. Lexis
Nexis)

WEB SOURCES:
1. www.manupatrafast.com
2. www.scconline.com
3. www.westlawindia.com
4. www.prsindia.org/billtrack.
5. https://indiankanoon.org/

6. https://www.livelaw.in/pdf_upload/pdf_upload-363037.pdf

7. https://www.livelaw.in/pdf_upload/pdf_upload-363037.pdf

8. https://indiankanoon.org/doc/1573666/

9. https://economictimes.indiatimes.com/news/politics-&-nation/sc-refuses-to-refer-Art.-
370-cases- to-larger-bench/Art.show/74434625.cms?from=mdr

10. https://www.indiatoday.in/india/story/Art.-370-case-supreme-court-petitioner-
govt-over- versions-of-history-1639385-2020-01-23

11. https://www.thehindu.com/news/national/petition-filed-in-sc-against-centres-
notification-on- jk/Art.28838829.ece
12. https://www.thehindu.com/news/national/full-text-of-document-on-govts-
rationale-behind- removal-of-special-status-to-jk/Art.28821368.ece
 THE MOOT COURT MEMORIAL, 2020
]

STATEMENT OF JURISDICTION

The Hon’ble SC of Asgard has the inherent jurisdiction to try, entertain & dispose
of the present case by virtue of Art. 32 of The Constitution of Asgard.

Art. 32- Remedies for enforcement of rights conferred by this part.

(1) The right to move the SC by appropriate proceedings for the enforcement
of the rights conferred by this part is guaranteed.
(2) The SC shall have power to issue directions or orders or writs, including
writs in the nature of habeas corpus, mandamus, probhition, quo warranto
& certiorari, whichever may be appropriate, for the enforcement of any of
(3) Without prejudice to the powers conferred on the SC by clause (1) & (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
SC under clause (2).

The right guaranteed by this Art. shall not be suspended except as otherwise
provided for by this constitution.
 THE MOOT COURT MEMORIAL, 2020
[STATEMENT OF FACTS]

STATEMENT OF FACTS

Asgard is a sovereign socialist secular democratic republic that follows

federalism where by power is shared between Union & States. The Constitution
of Asgard came into existence when colonial Asgard was divided into Union of
Asgard & Republic of Titan. When it was granted independence there were 526
princely states in Asgard, they were allowed to be a part of either Asgard or Titan
or to remain independent & exercise their right to self-determination. Among the
princely states which preferred to be independent was the State of Vormir which
shared borders with the Asgard & Titan. The ruler of the princely state of Vormir
was a Marvel while maximum population of the state followed Gothism therefore
the ruler exercised its right to self-determination & decided to remain sovereign.
Soon there was an invasion in Vormir by the tribesmen & the army from Titan,
the ruler sought the help of Asgard, which in turn led to the accession of Vormir
to Asgard by signing of the Instrument of Accession on October 26, 1947. The
accession of Vormir led to inclusion of Art. 370 in Part XXI of the Constitution
of Asgard under the heading ‘Temporary, Transitional & Special Provisions’.
According to this Art., except for defence, foreign affairs, & communications it
restricted the Parliament’s legislative powers in respect of Vormir. For extending
a central law on subjects included in the Instrument of Accession (IoA), mere
“consultation” with the state government was needed. But for extending it to
other matters, “concurrence” of the state government was mandatory. Thus, the
residents live under a separate set of laws. The Art. 35A is criticised for it creates
a "class within a class of Asgardian citizens" & it was included by the executive
head without any discussion in the Parliament. Further it only appears in the
appendix of the Constitution of Asgard. However, legal experts are of the view
that the Art. cannot be revoked as it was issued in exercise of the powers
conferred by Art. 370 (1) of the Asgard Constitution, which allows the state to
enjoy autonomy.
The Odin Janata party who had been opposing the special status for Vormir for a
long time soon proposed the Constitutional (Application to Vormir) Order, 2019
to repeal the Art. & called for bifurcation of the state into two Union Territories
that is; Wakanda (centrally administered) & Vormir (with its legislative
assembly) by introducing the Vormir Reorganisation Bill, 2019. The government
used the “Interpretation clause” of Art. 367 of the Asgardian Constitution
wherein the reference to “Constituent Assembly” was to be read as “Legislative
Assembly of the State” & all the references to “Sardar-i-Riyasat” were to be
considered as referring to Governor of the State.

On 24 January 2019 in the morning Thanos Abdullah leader of opposition party,

Vormir National Conference (VNC) held a conference that he will support VDP
to again form government. On the same day by afternoon the Governor of Vormir
send a report to the President for imposition of President’s Rule in the State under
Art. 356 of the Constitution of Asgard. Prominent Vormir leaders, including
former Chief Minister Gamora Mufti & opposition leader, Thanos Abdullah were
placed under house arrest after imposition of President’s Rule. Internet & mobile
services were curtailed, & Section 144 of Criminal Code of Procedure, 1973 was
imposed. Opposition parties protested in parliament against the Bill & the
complete shutdown of the Vormir valley. Government’s move was criticised as
the Reorganization bill breached the 1954 Presidential Order as no consent or
concurrence of the Legislature or the State Government was taken at any point.
Further the state was locked down by imposing Sec.144. This led to invitation of
more than a dozen petitions which have alleged that the Art. 370 amendment
could not have been done without the concurrence of a duly elected Constituent
Assembly in Vormir. Gamora Mufti approached the Court against her house
detention. Thanos Abdullah filed writ petition against the imposition of
President’s Rule in the state without giving chance for floor test. According to the
petitioners, the decision of the government of Asgard is "illegal &
unconstitutional." A plea was also made by a Sakaar State Vision NGO upon the
issue of freedom of the press being violated & imposition of Section 144. They
also pointed out that essential services including ambulances, police & fire
services are not accessible due to the curfew situation & communication
blockade. The petitions before the court have cited many grounds for challenging
the President’s Order A substantial question is raised that whether a federal unit
can be downgraded from the status of a State to that of a Union Territory, a move
for which there is no precedent. The constitutional morality of the rest of the
country deciding the destiny of a State without the consent or participation of its
citizens is also a serious issue brought before the courts.

The apex court clubbed all the petitions & the following issues are now pending
before the Hon’ble SC of Asgard
 THE MOOT COURT MEMORIAL, 2020

STATEMENTS OF ISSUES

ISSUE I: WHETHER THE PETITIONS ARE MAINTAINABLE OR NOT?

ISSUE II: WHETHER IMPOSITION OF PRESIDENT’S RULE UNDER ART.

356 OF THE CONSTITUTION OF ASGARD VALID?

ISSUE III: WHETHER ENFORCEMENT OF CONSTITUTION

(APPLICATION TO VORMIR) ORDER, 2019 IN THE STATE OF VORMIR
VALID?

ISSUE IV: WHETHER IMPOSITION OF SEC. 144 OF CRIMINAL CODE OF

PROCEDURE & THE HOUSE ARREST OF PROMINENT POLITICAL
LEADERS OF THE STATE OF VORMIR VALID?

ISSUE V: WHETHER THE REORGANISATION OF THE STATE OF VORMIR

INTO UNION TERRITORIES OF WAKANDA & VORMIR VALID?
 THE MOOT COURT MEMORIAL, 2020

SUMMARY OF ARGUMENTS

1. WHETHER THE PETITIONS ARE MAINTAINABLE OR NOT?

It is humbly submitted before the Hon’ble SC of Asgard that the appeal filed by
the appellant under Art. 32 of the Constitution of Asgard is not maintainable.
First of all, the petition filed by the party under Art. 32 of The Constitution of
Asgard does not fulfil the requirements of it. This means that the Hon’ble SC of
Asgard does not have jurisdiction to hear the case which makes the petition
unappealable & non-maintainable. Secondly, the petition filed against the
abrogation of Art. 370 & President’s rule claims to violate the fundamental rights
of the citizen of the State of Vormir which is apparently not true according to Art.
359 of the Constitution of Asgard which provides that the Fundamental Rights
can be suspended during emergency by the President of Asgard. Furthermore,
when the order of abrogation of Art. 370 was passed & the Presidential rule was
imposed on the State of Vormir, the government of the State was dissolved which
empowered the Union Government & the President to take necessary steps. Thus,
permitting the petitioners to file appeals for the same matter is clearly an abuse of
the process of law.

2. WHETHER IMPOSITION OF PRESIDENT’S RULE UNDER ART.

356 OF THE CONSTITUTION OF ASGARD VALID?

It is humbly submitted before the Hon’ble SC of Asgard that the imposition of

President’s rule under Art. 356 of the Constitution of Asgard is valid as there was
failure of constitutional machinery in Vormir & as per Art. 356 of the
Constitution of the Asgard, whenever there is constitutional machinery failure
then all the power of that State legislature goes in the h& of the Central
Government & the same happened with the State of Vormir as the government
there was dissolved at the time of the imposition of the President’s Rule so the
power of making law goes directly in the h& of the Central Government.
Therefore, the President’s rule is valid & as he was having the power to make
rules for the State of Vormir & enforce them.
Furthermore, the Central Government of the Union of Asgard has followed
proper mechanism given under the Constitution of the Asgard for the
enforcement of President’s rule.

3. WHETHER ENFORCEMENT OF CONSTITUTION (APPLICATION

TO VORMIR) ORDER, 2019 IN THE STATE OF VORMIR VALID?

It is humbly submitted before the Hon’ble SC of Asgard that enforcement of

Constitution (Application to Vormir) Order, 2019 in the State of Vormir is valid.
According to the Art. 370(3) of The Constitution of Asgard it is given that
President can pass an Order to cease or operative only with such modification. As
Presidential order of 1954 is valid same as Presidential order of 2019 can also be
valid. As Executive power of the Union is vested to the President under Art.
53(1) of The Constitution of Asgard so that power can be used by the President as
Vormir is a State of Asgard.

4. WHETHER IMPOSITION OF SECTION 144 OF CRIMINAL CODE

OF PROCEDURE & THE HOUSE ARREST OF PROMINENT
POLITICAL LEADERS OF THE STATE OF VORMIR VALID?

It is humbly submitted before the Hon’ble SC of Asgard that imposition of

Section 144 of Code of Criminal Procedure & the House Arrest of prominent
political leaders of the State of Vormir is valid. It should be noted that the
imposition of Section 144 of the Code of Criminal Procedure was done keeping
in mind the facts regarding cross border terrorism & internal militancy in the
circumstances. Also, the first & foremost duty of the State is to ensure security &
to protect the citizens & it would have been foolish to not take necessary
preventive measures when there was huge possibility of violence in the State
especially when it has been a victim of both physical & digital cross border
terrorism. Furthermore, the House Arrest of the prominent leaders of the State of
Vormir were done under the Public Safety Act & the action was completely valid
as it was done under preventive measures against any untoward incident after the
scrapping of Art. 370 of The Constitution of Asgard.

5. WHETHER THE REORGANISATION OF THE STATE OF VORMIR

INTO UNION TERRITORIES OF WAKANDA & VORMIR VALID?

It is humbly submitted before the Hon’ble SC of Asgard that the reorganisation of

the State of Vormir into Union Territories of Wakanda & Vormir was completely
valid. Art. 3 of the Constitution of Asgard provides a special power to the
Parliament that it can form a new State or Union Territory by uniting a part of
any State or Union Territory to other State or Union Territory. The authors of the
Constitution of Asgard believed that states would evolve & change& hence made
provisions for the creation of new states in Asgard Union. Also, the Vormir
Reorganisation Bill was passed in both the houses of the parliament i.e., Lok
Sabha & Rajya Sabha & signed by the President & only after that the step was
taken. Thus, the step of the government of Asgard of the reorganisation of the
States of Vormir into Union Territories of Wakanda & Vormir was valid
 THE MOOT COURT MEMORIAL, 2020

ARGUMENTS ADVANCED

ISSUE I: WHETHER THE PETITIONS ARE MAINTAINABLE OR NOT?

It is humbly submitted before the Hon’ble SC of Asgard that the petition filed by
the applicant is not maintainable on the grounds of being frivolous, absurd &
objectionable on the technical grounds.

i. SC OF ASGARD DOES NOT HAVE JURISDICTION UNDER ART. 32.

It is humbly submitted that the petition filed is not maintainable because it does
not fulfil the first & foremost requirement of a case under the given Art. i.e.,
Jurisdiction. The petition has been filed under Art. 32 of the Constitution of
Asgard which provides that the Constitution of Asgard gives the right to
individuals to move to the SC to seek justice when they feel that their
fundamental right has been ‘unduly deprived’. The apex court is given the
authority to issue directions or orders for the execution of any of the rights
bestowed by the constitution as it is considered ‘the protector & guarantor of
Fundamental Rights’. But here in this case there is no violation of fundamental
rights of the citizen of Vormir or the citizen of Asgard. The claims of the
petitioner as of violation of fundamental rights are frivolous in nature. The right
to move this Court by appropriate proceedings for the enforcement of
fundamental rights conferred by Part III of the Constitution of Asgard is itself a
guaranteed fundamental right & this Court is not trammelled by procedural
technicalities in making an order or issuing a writ for the enforcement of such
rights. There is no disagreement that in the following the classes of cases a
question of the enforcement of a fundamental right may arise & if it does arise, an
application under Art. 32 will lie, namely:
 (1) where action is taken under a statute which is ultra vires1 the Constitution of Asgard;

(2) where the statute is intra vires2 but the action taken is without jurisdiction; &

(3) where the action taken is procedurally ultra vires as where a quasi-judicial
authority3 under an obligation to act judicially passes an order in violation of the
principle of natural justice.

A tribunal may lack jurisdiction if it is improperly constituted, or if it fails to

observe certain essential preliminaries to the inquiry; but it does not exceed its
jurisdiction by basing its decision upon an incorrect determination of any
question that it is empowered or required (i.e., has jurisdiction) to determine. In
such a case, the characteristic attribute of a judicial act or decision is that it binds,
whether right or wrong & no question of the enforcement of a fundamental right
can arise on an application under Art. 32 of The Constitution of Asgard.
Therefore, an order of assessment made by an authority under Parliamentary
process which is intra vires & in the undoubted exercise of its jurisdiction cannot
be challenged on the sole ground that it is passed without the meeting of State
Legislature of the State of Vormir that too at the time when the State Government
was dissolved & Union of Asgard was on full power & the President’s rule was
prevailing. The validity of such an order cannot be questioned on an application
under Art. 32 of The Constitution of Asgard.

ii. PRESIDENT CAN SEIZE THE FUNDAMENTAL RIGHTS UNDER ART. 359.

It is humbly submitted that the claims of the petitioner as of violation of

fundamental rights given under the Constitution of Asgard are not true.
According to Art. 356 it is provided that the President by proclamation assumes
all the functions/powers of the state government/Governor except the legislative
power of the state Assembly if he is satisfied that a situation has arisen where the
government of a state cannot be carried on in accordance with the provisions of
The Constitution of Asgard. However, the President under Art. 356(1)(b) of The
Constitution of Asgard can declare that the legislative powers of the state would
be exercised by the Parliament.
Art. 359 of The Constitution of Asgard authorizes the president to suspend the

1
Ultra vires means acting or done beyond one’s legal power or authority.
2
Intra vires means an act done under proper authority.
3
A quasi judicial body is a non judicial body which can interpret law
 right to move any court for the enforcement of Fundamental Rights during a
National Emergency. This means that under Art. 359 of The Constitution of
Asgard, the Fundamental Rights as such are not suspended, but only their
enforcement. The said rights are theoretically alive but the right to seek remedy is
suspended. The suspension of enforcement relates to only those Fundamental
Rights that are specified in the Presidential Order. Further, the suspension could
be for the period during the operation of emergency or for a shorter period as
mentioned in the order, & the suspension order may extend to the whole or any
part of the country. The Union Government has laid before each House of
Parliament for approval. While a Presidential Order is in force, the State can make
any law or can take any executive action abridging or taking away the specified
Fundamental Rights. Any such law or executive action cannot be challenged on
the ground that they are inconsistent with the specified Fundamental Rights.
When the Order ceases to operate, any law so made, to the extent of inconsistency
with the specified Fundamental Rights, ceases to have effect. But no remedy lies
for anything done during the operation of the order even after the order ceases to
operate.

This means that the legislative & executive actions taken during the operation of
the Order cannot be challenged even after the Order expires.

In the case of Arjun Singh vs State of Rajasthan4, the question arose whether
Art.16 is also suspended although it is not mentioned in order, the Rajasthan HC
held that Art.16 remained operative even though Art.14 was suspended. The
Court emphasized that under Art. 359 the enforcement of only such fundamental
rights was suspended as were specifically & expressly mentioned in the
presidential order.

4
AIR 1975 Raj 217, 1975 WLN 386
ISSUE II: WHETHER IMPOSITION OF PRESIDENT’S RULE UNDER
ART. 356 OF THE CONSTITUTION OF ASGARD VALID?

It is humbly submitted before the Hon’ble court that President’s rule was valid as
following

i. Power given under Art. 356 of The Constitution of Asgard.

ii. Provision of Art. 367 of The Constitution of Asgard as used for imposition
of President’s rule.
iii. No government at the time of imposition Art. 356 of The Constitution of Asgard.

i. POWER GIVEN UNDER ART. 356 of The Constitution of Asgard

Art. 356 of The Constitution of Asgard mandate contained in Part XVIII under
head "Emergency Provisions" & marginal note "Provisions in case of failure of
constitutional machinery in States." It is clear from the positioning of this Art.
that it is to be invoked in an emergent situation, viz. the failure of constitutional
machinery. Provision of this Art. is divided into 5 clauses. Clause 1 is concerned
with condition for invocation of the Art. & its consequences. Other clauses of the
Art. deal with procedure for approval & extension of duration of the invocation.

Clause 1 of Art. 356 is as under:

If the President, on receipt of a report from the Governor of a State or otherwise,

is satisfied that a situation has arisen in which the government of the State cannot
be carried on in accordance with the provisions of this Constitution, the President
may by Proclamation - (a) assume to himself all or any of the functions of the
Governor of the State & all or any of the powers vested in or exercisable by the
Governor or anybody or authority in the State other than the Legislature of the
State & (b) declare that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament.

Under sub cl. (c), the President can make incidental & consequential provisions
necessary for giving effect to the objects of the proclamation.

Similar provisions have been made under section 92 of the Constitution of

Jammu & Kashmir, for the State of Jammu & Kashmir, under section 51 of the
Government of Union Territories
 Act, 1963 for the Union Territories & under Art. 239-AB for Delhi because, Art.
356 is not applicable in these cases.

It is clear from the provision of Art. 356 (1) of The Constitution of Asgard that
Presidential proclamation can be issued only when the President is satisfied that
in a State, a situation has arisen in which the government of the State cannot be
carried on in accordance with the provisions of the Constitution & this
satisfaction is formed either on the report from the Governor of the State or
otherwise. The proclamation issued under this Art. is popularly known as
President's rule. The instances of president’s rule are indicated in the study as the
case of State along with the date on which the incidents occurred. The provision
of this Art. may be discussed under the following main heads: 1. Presidential
Satisfaction & 2. Failure of Constitutional Machinery.

Emergency which was held in the state of Vormir was with the reference of the
case S. R. Bommai v. Union of Asgard5 was a landmark judgment of the SC of
Asgard, where the Court discussed at length provisions of Art. 356 of the
Constitution of Asgard & related issues. This case had huge impact on Centre-
State Relations. The judgement attempted to curb blatant misuse of Art. 356 of
the Constitution of Asgard, which allowed President's rule to be imposed over
state governments.

The verdict concluded that the power of the President to dismiss a State
government is not absolute. The verdict said the President should exercise the
power only after his proclamation (imposing his/her rule) is approved by both
Houses of Parliament. Till then, the Court said, the President can only suspend
the Legislative Assembly by suspending the provisions of Constitution relating to
the Legislative Assembly. "The dissolution of Legislative Assembly is not a
matter of course. It should be resorted to only where it is found necessary for
achieving the purposes of the Proclamation," the Court said.
In State of Rajasthan & Ors. vs Union of Asgard6 on 6 May, 1977 Justice
Bhagwati held that the satisfaction of the President is a subjective one & cannot
be decided by reference to objective tests. It is deliberately & advisedly

5
([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1
6
1977 AIR 1361, 1978 SCR (1) 1
 subjective because the matter in respect to which he is to be satisfied is of such a
nature that its decision must necessarily be left to the executive branch of
Government. It cannot by its very nature be a fit subject-matter of judicial
determination & hence it is left to the subjective satisfaction of the Central
Government which is best in a position to decide it.

In A. K. Roy, Etc vs Union Of Asgard & Anr7 on 28 December, 1981 it was held
that the power of the President to issue an ordinance under Art. 123 of the
Constitution is a legislative & not an executive power. From a conspectus of the
provisions of the Constitution it is clear that the Constituent Assembly was of the
view that the President's power to legislate by issuing an ordinance is as
necessary for the peace & good government of the country as the Parliament's
power to legislate by passing laws. The mechanics of the Presidents legislative
power was devised evidently in order to take care of urgent situations which
cannot brook delay. The Parliamentary process of legislation is comparatively
tardy & can conceivably be time consuming. It is true that it is not easy to accept
with equanimity the proposition that the executive can indulge in legislative
activity but the Constitution is what it says & not what one would like it to be.
The Constituent Assembly indubitably thought, despite the strong & adverse
impact which the Governor-General's ordinance making power had produced on
the Asgard community in the pre-independence era, that it was necessary to equip
the President with legislative powers in urgent situations. Same judgement is
given in the case State of Karnataka vs Union of Asgard & Another8 on 8
November, 1977

ii. PROVISION OF ART. 367 AS USED FOR IMPOSITION OF

PRESIDENT’S RULE Art. 367 of the Constitution of Asgard says that:

1) Unless the context otherwise requires, the General Clauses Act, 1897,
shall, subject to any adaptations & modifications that may be made
therein under Art. 372, apply for the interpretation of this Constitution as

7
1982 AIR 710, 1982 SCR (2) 272
8
1978 AIR 68, 1978 SCR (2) 1
 it applies for the interpretation of an Act of the Legislature of the
Dominion of Asgard.
2) Any reference in this Constitution to Acts or laws of, or made by,
Parliament, or to Acts or laws of, or made by, the Legislature of a State,
shall be construed as including a reference to an Ordinance made by the
President or, to an Ordinance made by a Governor, as the case may be
3) For the purposes of this Constitution foreign State means any State other
than Asgard: Provided that, subject to the provisions of any law made by
Parliament, the President may by order declare any State not to be a
foreign State for such purposes as may be specified in the order part XX
amendment of the constitution.

The government used the “Interpretation clause” of Art. 367 of the Asgardian
Constitution wherein the reference to “Constituent Assembly” was to be read as
“Legislative Assembly of the State” & all the references to “Sardar-I-Riyasat”
were to be considered as referring to Governor of the State.

Art. 367 of The Constitution of Asgard provides various guidelines about how the
Constitution may be interpreted. Now, C.O. 272 adds to Art. 367 of The
Constitution of Asgard an additional clause, which has four sub-clauses. Sub-
clause 4 stipulates that “in proviso to clause (3) of Art. 370 of this Constitution,
the expression ‘Constituent Assembly of the State referred to in clause (2)” shall
read “legislative Assembly of the State.” Art. 367(4) is added by the Presidential
order no.co. 272 which has retrospective effect & it also mention in The
Constitution of Vormir that as “Legislative Assembly of the State” & all the
references to “Sardar-i-Riyasat” were to be considered as referring to Governor of
the State.

In other words, this is what has happened. Art. 370(1) of The Constitution of
Asgard allows the President – with the concurrence of the government of Vormir
to amend or modify various provisions of the Constitution in relation to Vormir.
Art. 370(3) proviso states that Art. 370 itself is to be amended by the concurrence
of the Constituent Assembly. C.O. 272, therefore, uses the power under 370(1) to
amend a provision of the Constitution (Art.367) which, in turn, amends Art.
 370(3), & takes out the Constituent Assembly’s concurrence for any further
amendments to Art. 370. & this, in turn, becomes the trigger for the statutory
resolution, that recommends to the President the removal of Art. 370 (as the
Constituent Assembly’s concurrence is no longer required).

iii. NO GOVERNMENT AT THE TIME OF IMPOSITION ART. 356 OF THE

CONSTITUTION OF ASGARD

Since the Odin Janata Party (OJP), a prominent political party in Asgard came to
power at the Centre in 2014, scraping of Special Status of Vormir was one of the
goals in their manifesto.
In 2016 the party formed a coalition government with Vormir’s Democratic Party
(VDP) in the State of Vormir.
On 23 July 2018 Howard Singh the OJP Leader in Vormir withdrew its support to
the ruling VDP. He also held a conference on same day & pointed that Gamora
Mufti has links with terrorists & is corrupt in her practices. She has hollowed
Vormir’s positive aspirations & continuing a government with her party is not
possible anymore. VDP lost majority in the State. The Governor invited VDP to
proof majority, but it failed to do so. Gamora Mufti’s supporters who consider
her as the “Daughter of Vormir” broke into a mass rebellion. On 25 July 2018
Governor’s Rule was imposed.
On 24 January 2019 in the morning Thanos Abdullah leader of opposition party,
Vormir National Conference (VNC) held a conference that he will support VDP
to again form government. On the same day by afternoon the Governor of Vormir
send a report to the President for imposition of President’s Rule in the State under
Art. 356 of the Constitution of Asgard. Considering ongoing revolt & based on
2016 Assembly election seat share he anticipated that VDP & VNC cannot proof
majority.
Thus, he cited breakdown of constitutional machinery & law & order as reasons for the
same. Presidential Rule was imposed on 26 January. (Assembly election seat share: Total
number of seats- 87 seats, VDP - 25 seats, OJP - 27 seats, VNC 1 & others 20, required
majority is 44.
ISSUE III: WHETHER ENFORCEMENT OF CONSTITUTION
(APPLICATION TO VORMIR) ORDER, 2019 IN THE STATE OF
VORMIR VALID?

It is respectfully, submitted before this Hon’ble SC of Asgard enforcement of

Constitution (Application to Vormir) Order, 2019 in the State of Vormir is valid.
As following:

i. Power of president under Art. 370(1) (d) of The Constitution of Asgard

ii. Using Art.370 (1) is not ultra vires
iii. Scrapping of Art. 370 of The Constitution of Asgard

i. POWER OF PRESIDENT UNDER ART. 370(1)(D) of The

Constitution of Asgard
Art. 370(1) (d) of The Constitution of Asgard says that “such of the other
provisions of this Constitution shall apply in relation to that State subject to such
exceptions & modifications as the President may by order specify: Provided that
no such order which relates to the matters specified in the Instrument of
Accession of the State referred to in paragraph (i) of sub clause
(b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those
referred to in the last preceding proviso shall be issued except with the
concurrence of that Government” so this Art. give president power to enforce
presidential order 2019 in which Art. 367 (4) was added in constitution of
Asgard. Which changes constituent assembly to legislative assembly & Scrapping
Art. 370 of The Constitution of Asgard.

Even a Presidential Order under clause Art. 370 (1)(d) of The Constitution of
Asgard requires the approval of the State of vormir. Since vormir has been under
Presidential rule from June 2018 till date, all powers of the State Assembly are
with the central government, via President. In Rajya Sabha, a resolution was
tabled to approve the presidential order along with the introduction of two other
bills which was passed by majority which means there is approval for this order.
 In same manner government amend Art. 370 of The Constitution of Asgard by
The Presidential order of 1952 which was published on 15 November 1952, at the
request of the state government. It amended the Art. 370, replacing the phrase
“recognized by the President as the Maharaja of Vormir" by "recognized by the
President on the recommendation of the Legislative Assembly of the State as the
Sadr-i-Riyasat". The amendment represented the abolition of the monarchy of
Vormir.”9& also presidential order 1954 was passed for Art. 35A of The
Constitution of Asgard.

ii. USING OF 370 (1) TO AMEND Art. 370 IS NOT ULTRA VIRES
No amending Art. 370 is not ultra vires according to SC in Puranlal Lakhanpal
vs The President Of Asgard & Others9 on 30 March, Held, that the word
"modification" used in Art. 370(I) must be given the widest meaning in the
context of the Constitution & in that sense it includes an amendment & it An not
be limited to such modifications as do not make
any" radical transformation". The modification lays down that the President will
make the nomination on the recommendation of the State Legislature which can
do so only by voting, & in effect it provides that the seats will be filled by
indirect election & not direct election. The element of election be in thus still
present there was no radical alteration in Art. 81 & the President had the power to
make the modification which he did10. So, using of this Art. cannot be ultra vires.

iii. SCRAPPING OF ART. 37011 of The Constitution of Asgard

By Art. 370 (3) which says that “Notwithstanding anything in the foregoing
provisions of this Art., the President may, by public notification, declare that this
Art. shall cease to be operative or shall be operative only with such exceptions &
modifications & from such date as he may specify: Provided that the
recommendation of the Constituent Assembly of the State referred to in clause ( 2
) shall be necessary before the President issues such a notification”
President can cease the Art. 370 by passing order & it will be valid as now the

9
1961 1961 AIR 1519, 1962 SCR (1) 688
10
Puranlal Lakhanpal vs The President Of India & Others AIR 1519, 1962 SCR (1) 688
11
Presidential order 1952
 constituent assembly is interpreted as legislative assembly & at this time power of
state legislative assembly in under central government because of presidential
rule under Art. 356. Also, SC held in Sampat Prakash vs State of Jammu &
Kashmir & Anr.12 That Art. 370 can cease to be operative only if on the
recommendation of Constituent Assembly now (legislative assembly) of the
State, the President makes a direction to that effect.

12
sampat prakash vs state of jammu & kashmir & anr.that
 ISSUE IV: WHETHER IMPOSITION OF SECTION 144 OF CRIMINAL
CODE OF PROCEDURE & THE HOUSE ARREST OF PROMINENT
POLITICAL LEADERS OF THE STATE OF VORMIR VALID?

It is respectfully, submitted before the Hon’ble SC of Republic of Asgard, that

imposition of section 144 CrPC & the house arrest of prominent political leader
of state of Vormir is valid as when there are apprehensions of breach of public
peace & order by some people, Section 144 CrPC is put into effect.

144. POWER TO ISSUE ORDER IN URGENT CASES OF NUISANCE OF

APPREHENDED DANGER.

(1) In cases where, in the opinion of a District Magistrate, a Sub- divisional

Magistrate or any other Executive Magistrate specially empowered by the State
Government in this behalf, there is sufficient ground for proceeding under this
section & immediate prevention or speedy remedy is desirable, such Magistrate
may, by a written order stating the material facts of the case & served in the
manner provided by section 134, direct any person to abstain from a certain act or
to take certain order with respect to certain property in his possession or under his
management, if such Magistrate considers that such direction is likely to prevent,
or tends to prevent, obstruction, annoyance or injury to any person lawfully
employed, or danger to human life, health or safety, or a disturbance of the public
tranquillity, or a riot, of an affray.

(2) An order under this section may, in cases of emergency or in cases where the
circumstances do not admit of the serving in due time of a notice upon the person
against whom the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to

persons residing in a particular place or area, or to the public generally when
frequenting or visiting a particular place or area.
Ummul Kulus v. Ex. Magistrate, Union Territory 13 it was held that the executive
magistrate has wide power under this section. When the magistrate came to the
conclusion that the situation was created which had disturbed public tranquility & danger
to human life & order passed under section 144 detention of person for maintaining

13
1991 CRLJ 262
 public tranquility is legal.14 Section 8 Detention of certain persons. -

(1) The Government may-

(a) if satisfied with respect to any person that with a view to preventing him from
acting in any manner prejudicial to-

(i) The security of the State or the maintenance of the public order; or

(2) Any of the following officers, namely

(i) Divisional Commissioners,

(ii) District Magistrate, may, if satisfied as provided in sub-clause (i) & (ii) of
clause [(a) or (a- 1)] of sub-section (1), exercise the powers conferred by the said
sub-sections.

(3) For the purposes of sub-section (1),

(b) "Acting in any manner prejudicial to the maintenance of public order" means-

(i) promoting, propagating, or attempting to create, feelings of enmity or hatred or

disharmony on ground of religion, race, caste, community, or region;

(ii) making preparations for using, or attempting to use, or using, or instigating,

inciting, provoking or otherwise, abetting the use of force where such
preparation, using, attempting, instigating, inciting, provoking or abetting,
disturbs or is likely to disturb public order;

(iii) attempting to commit, or committing, or instigating, provoking or otherwise

abetting the commission of, mischief within the meaning of section 425 of the
Ranbir Penal Code where the commission of such mischief disturbs, or is likely

14
B.B.N school v. dist. Mag. Allahabad, 1990, crlj 422 (all)
to disturb public order;

(iv) attempting to commit, or committing or instigating, inciting, provoking or

otherwise abetting the commission of an offence punishable with death or
imprisonment for life or imprisonment of a term extending to seven years or
more, where the commission of such offence disturbs, or is likely to disturb
public order;

(4) When any order is made under this section by an officer mentioned in sub-
section (2) he shall forthwith report the fact to the Government together with the
grounds on which the order has been made & such other particulars as in his
opinion have a bearing on the matter, & no such order shall remain in force for
more than twelve days after the making thereof unless in the meantime it has
been approved by the Government.

Section 18. Maximum period of detention. - (1) the maximum period for which
any person may be detained in pursuance of any detention order which has been
confirmed under section 17, shall be

(a) twelve months from the date of detention in the case of person acting in any
manner prejudicial to the maintenance of public order or indulging in smuggling
of timber; &

(b) two years from the date of detention in the case of persons acting in any
manner prejudicial to the security of the State.

(2) Nothing contained in this section shall affect the powers of the Government to
revoke or modify' the detention order at any earlier time, or to extend the period
of detention of a foreigner in case his expulsion from the State has not been made
possible.

Under section 144 of IPC & under section 8 of Vormir Safety Act, a person can
be detained to maintain the public order & public safety. Therefore, the home
detention of political leaders of Vormir is valid.
 ISSUE V: WHETHER THE REORGANISATION OF THE STATE OF
VORMIR INTO UNION
TERRITORIES OF WAKANDA & VORMIR VALID?

It is respectfully, submitted before this Hon’ble SC of Asgard that reorganization

of the State of Vormir into Union Territories of Wakanda & Vormir is valid as in
Art. 3 of Asgard Constitution it is clearly stated that Parliament may by law:

(a) Form a new State by separation of territory from any State or by uniting two
or more States or parts of States or by uniting any territory to a part of any State;
(b) Increase the area of any State;
(c) Diminish the area of any State;
(d) Alter the boundaries of any State;
(e) Alter the name of any State:
15
[Provided that no Bill for the purpose shall be introduced in either House of
Parliament except on the recommendation of the President & unless, where the
proposal contained in the Bill affects the area, boundaries
or name of any of the States 1, the Bill has been referred by the President to the
Legislature of that State for expressing its views thereon within such period as
may be specified in the reference or within such further period as the President
may allow & the period so specified or allowed has expired.]
16
[Explanation I. — in this Art., in clauses (a) to (e), “State” includes a Union
Territory, but in the proviso, “State” does not include a Union Territory.
Explanation II. — The power conferred on Parliament by clause (a) includes the
power to form a new State or Union Territory by uniting a part of any State or
Union Territory to any other State or Union Territory.]
Therefore, this section empowers the Parliament to divide the state in two Union
Territory Furthermore, the central government under Art. 2 have authority to
Admission or establishment of new States.

15
Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso.

16
. Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2
“Parliament may by law admit into the Union, or establish, new States on such
terms & conditions as it thinks fit”. Furthermore, the authors of the Constitution
of Asgard does not believe that the states, Districts & mandals within Asgard are
static unchanging & permanent they accepted the thought that state would evolve
& change & hence made provisions for the creation of new states in Asgard
union. Also, at the time of passing the bill there was no state legislative so
parliament was unable to take concurrence of state so the Vormir reorganization
bill was passed in both house all the step was legally taken by government then
this bill was passed so reorgnisation bill is valid.
 THE MOOT COURT MEMORIAL, 2020

PRAYER

IN THE LIGHT OF THE ARGUMENTS ADVANCED & AUTHORITIES CITIED,

THE RESPONDENT HUMBLY PLEAD BEFORE THE HON’BLE COURT TO:

1. TO DECLARE ART. 370 AS CONSTITUTIONAL.

2. TO DECLARE IT AS ESSENTIAL FOR THE
MAINTANACE OF PEACE & ORDER.

ANY OTHER ORDER AS IT DEEMS FIT IN THE INTEREST OF EQUITY,

JUSTICE & GOOD CONCIENCE.

FOR THIS ACT OF KINDNESS, THE RESPONDENT FACTION SHALL

BE DULY BOUND FOREVER.

Sd/- (Counsel for

Respondent)