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School of Law CHRIST (Deemed To Be University) Main Campus Hosur Road Bengaluru - 560 029
School of Law CHRIST (Deemed To Be University) Main Campus Hosur Road Bengaluru - 560 029
08 – 10 February 2019
Venue:
School of Law
CHRIST (Deemed to be University)
Main Campus
Hosur Road
Bengaluru – 560 029
9th SCHOOL of LAW, CHRIST
NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
TABLE OF CONTENTS
RULES ...................................................................................................................................................................... 3
I. INTRODUCTION ......................................................................................................................................... 3
IV. GENERAL...................................................................................................................................................... 3
VII. MEMORANDA.............................................................................................................................................. 7
XI. AWARDS...................................................................................................................................................... 10
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9th SCHOOL of LAW, CHRIST
NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
RULES
I. INTRODUCTION
The 9th School of Law, CHRIST National Moot Court Competition (hereinafter referred to as
the “Competition”) is the flagship event of School of Law, CHRIST (Deemed to be University)
and is scheduled to be held from from 08 – 10 February 2019.
The competition also marks its presence as being a part of the year-long Golden Jubilee
Celebrations of CHRIST (Deemed to be University). The competition will be conducted by the
the Moot Court Society, School of Law, CHRIST (Deemed to be University).
II. PARTICIPATION
All law colleges/ institutions/ universities across the country recognised by the Bar Council of
India are eligible to take part in the Competition. All participants must be currently pursuing
their Bachelor’s degree in Law, i.e., either 3 year or 5 year courses.
III. REGISTRATION
Competition registration shall be based on first come first serve basis to 40 participating
teams. Registration shall be successful upon competition of all formalities mentioned in the
Rules.
IV. GENERAL
Each participating team can comprise of either two (2) or three (3) members. In case of two (2)
members, both the members shall be designated as speakers. In case of three (3) members, two
(2) members shall be designated as speakers and one (1) member shall be designated as the
researcher.
The official language of the competition shall be English. All competition rounds, memoranda
and compendiums must be in English.
The registration fee (with accommodation) for the Competition is INR 4,500/- (Rupees Four
Thousand Five Hundred).
The registration fee (without accommodation) for the Competition is INR 3,000/- (Rupees
Three Thousand).
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
Registration fee is only payable by way of Demand Draft (DD) in the favour of Christ
University payable at Bengaluru.
The last date for receiving the copies of the Registration Form and payment details is 10
January 2019, 12 Noon at the following postal address,
A scanned copy of the registration form and the registration fee (DD) must be sent via email to
[email protected] by 12 Noon, 10 January 2019.
Note: The Registration Form and the Travel Form should be sent to the aforementioned postal
address.
The dress code for all participants throughout the competition shall be white shirt, black blazer,
black trousers, black tie and black shoes for men and white shirt/ kurta, black blazer, black
trousers, black shoes for women.
V. COMPETITION FORMAT
5.1 The 9th School of Law, CHRIST National Moot Court Competition, 2019 shall consist of
the following rounds, Preliminary Rounds, Octa-Final Round, Quarter-Final Round,
Semi-Final Round and the Final Round. The Octa-Final, Quarter-Final, Semi-Final and the
Final Round shall be knockout rounds where each team will argue only once either for the
petitioner/applicant or respondent.
The preliminary rounds shall be conducted in two stages. Each stage will be one preliminary
round where each team will represent either the petitioner/applicant or respondent for that
round. Sides will be determined by way of draw of lots. Each team will face a separate team
and a separate bench in both the preliminary rounds.
The top sixteen (16) teams selected by way of Provision VI shall qualify for the octa-final
round. A seeding chart shall be prepared with ranks being given to the top 16 teams. To ensure
fair play, power match-up shall determine the fixtures which shall be prepared with the top 16
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
teams in such a way that Rank one (1) goes against Rank sixteen (16), Rank two (2) goes against
Rank fifteen (15) and so on. Only the sides on which the teams shall argue will be determined
by way of draw of lots.
The top eight (8) teams selected by way of Provision VI shall qualify for the quarter-final
round. A seeding chart shall be prepared with ranks being given to the top 8 teams. To ensure
fair play, power match-up shall determine the fixtures which shall be prepared with the top
eight (8) teams in such a way that Rank one (1) goes against Rank eight (8), Rank two (2) goes
against Rank seven (7) and so on. Only the sides on which the teams shall argue will be
determined by way of draw of lots.
The top four (4) teams selected by way of Provision VI shall qualify for the semi-final round.
A seeding chart shall be prepared with ranks being given to the top 4 teams. To ensure fair play,
power match-up shall determine the fixtures. Rank one (1) will go against Rank four (4) and
Rank two (2) against Rank three (3). Only the sides on which the teams shall argue will be
determined by way of draw of lots.
The top two (2) teams selected by way of Provision VI shall qualify for the final round. Sides
will be determined by way of draw of lots.
Each preliminary round shall be for 60 minutes in total. Each team will be given a total time
of 30 minutes comprising of oral pleadings, rebuttal/ sur-rebuttal. Time management is at the
discretion of the team subject to a maximum of 18 minutes per speaker. The same must be
communicated to the designated Court Officer of the Court Hall prior to the commencement of
each round.
Each preliminary round will be judged by two judges, each of whom shall score every speaker
on a scale of 0-100. The team securing the higher marks will be allotted 2 win points which
determines their eligibility for qualifying for the Octa-Final Rounds.
The advancement of the top sixteen teams to the Octa-Final Rounds is on the following grounds:
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
a) Win points
b) In case of a tie in win points, then the sum total of win points and aggregate raw points shall
be considered for the tie breaker.
c) In case of a tie in the sum total of win points and aggregate raw points, the aggregate raw
points minus the memorial marks shall be considered for the tie breaker.
Memorial marks shall be added to the scores of the preliminary rounds only.
Each Octa-Final round shall be for 60 minutes in total. Each team will be given a total time of
30 minutes comprising of oral pleadings, rebuttal/ sur-rebuttal. Time management is at the
discretion of the team subject to a maximum of 18 minutes per speaker. The same must be
communicated to the designated Court Officer of the Court Hall prior to the commencement of
the round.
The Octa-Final round shall be judged by two judges, each of whom will score every speaker on
a scale of 0-100. The team securing the higher marks will qualify for the Quarter-Final Rounds,
by virtue of a knockout win.
Each Quarter-Final round shall be for 90 minutes in total. Each team will be given a total time
of 45 minutes comprising of oral pleadings, rebuttal/ sur-rebuttal. Time management is at the
discretion of the team subject to a maximum of 25 minutes per speaker. The same must be
communicated to the designated Court Officer of the Court Hall prior to the commencement of
the round.
The Quarter-Final round shall be judged by two judges, each of whom will score every speaker
on a scale of 0-100. The team securing the higher marks will qualify for the Semi-Final Rounds,
by virtue of a knockout win.
Each Semi-Final round shall be for 90 minutes in total. Each team will be given a total time of
45 minutes comprising of oral pleadings, rebuttal/ sur-rebuttal. Time management is at the
discretion of the team subject to a maximum of 25 minutes per speaker. The same must be
communicated to the designated Court Officer of the Court Hall prior to the commencement of
the round.
The Semi-Final round shall be judged by two judges, each of whom will score every speaker
on a scale of 0-100. The team securing the higher marks will qualify for the Final Round, by
virtue of a knockout win.
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NATIONAL MOOT COURT COMPETITION
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The Final round shall be for 90 minutes in total. Each team will be given a total time of 45
minutes comprising of oral pleadings, rebuttal/ sur-rebuttal. Time management is at the
discretion of the team subject to a maximum of 25 minutes per speaker. The same must be
communicated to the designated Court Officer of the Court Hall prior to the commencement of
the round.
The Final round shall be judged by a panel of judges, each of whom will score every speaker
on a scale of 0-100. The team securing the higher marks shall be adjudged the winners of the
Competition.
VII. MEMORANDA
All memoranda must be typed and printed on A4 sized white paper with font size 12, font
type Times New Roman, line spacing 1.5 and justified alignment.
7.2 Contents
Cover Page
Table of Contents
Table of Abbreviations
Index of Authorities
Statement of Jurisdiction
Summary of Facts
Issues Raised
Summary of Arguments
Arguments Advanced
Prayer
Every participating team must prepare a separate memorandum (written submissions) for both
petitioner/applicant and respondent complying with all provisions of the Rules.
The word limit for the memorandum is 10,000 words (inclusive of the citations) of which
Summary of Facts shall not exceed 1000 words. The cover page, table of contents, table of
abbreviations and index of authorities are excluded from the word limit. No end notes are to be
included in the Memorandum.
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NATIONAL MOOT COURT COMPETITION
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The cover page must only include the following in justified alignment except mentioned
otherwise,
Team Code on the right hand top corner
Name of the forum being approached
Case type and number
Case name
‘Memorandum on behalf of petitioner/applicant or respondent’
All memoranda must be stitched or stapled. Usage of any plastic material, OHP paper etc. will
mandatorily attract penalties.
The colour scheme for the cover page of the petitioner/applicant memorandum must be blue
and of the respondent memorandum must be red.
Citations for the memoranda are to be in the form of footnotes only, endnotes are not permitted.
Footnotes must not contain substantive pleadings and should not be communicative. All
footnotes must adhere to the 20th edition of bluebook citation format.
The memoranda must not contain annexures, photographs, sketches, exhibits or affidavits etc.,
violation of the said provision will attract penalties.
All participating teams must submit one hard copy of the memoranda (both petitioner/applicant
and respondent) to the following postal address,
The soft copies in both MS Word (.doc or .docx) and PDF (.pdf) format to
[email protected] with the subject as 9th SLCU NMCC: Memoranda for ‘Team
Code’, both on or before 2 February 2019, 4 PM.
The memoranda sent through email and the hard copies received must not differ in content or
format specifications, violation of the same will attract penalties.
Identity of the team or names of the participants or the institution name must not be disclosed
in any form on the memoranda, violation shall lead to disqualification of the team.
All participating teams must mandatorily submit five (5) additional copies of memoranda for
both sides (total 10 copies) on 08 February 2019 upon arrival for the Competition before the
registration of the team.
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NATIONAL MOOT COURT COMPETITION
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The Moot Court Society shall constitute a panel of judges with domain expertise, for the
evaluation of the memoranda. Both memoranda shall be evaluated separately on a scale of 0-
100. The criteria for evaluation are as follows,
During the course of the oral pleadings, no speaker shall disclose his/her identity or the identity
of his/her institution by any means whatsoever.
If in case, the petitioner/applicant do not raise for rebuttal, the sur-rebuttal is deemed to be
cancelled.
Submission of compendiums, case laws, authorities to the judges must mandatorily be done
through the Court Officer. All such materials must be verified by the Court Officer before the
commencement of the round. Disclosure of the institutions name in any manner including
abbreviations in such materials shall not be allowed for submission to the judges.
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
The oral pleadings of each speaker shall be evaluated on a scale of 0-100 as follows,
XI. AWARDS
XII. FACILITIES
Accommodation shall be provided by the Organizing Committee on all days of the competition
i.e., 07 February 2019, 3 PM to 10 February 2019, 3 PM.
Teams which require accommodation prior to or after the abovementioned period must inform
the same to the Organizing Committee at [email protected] and such
accommodation is at the cost of the teams.
XIII. MISCELLANEOUS
The Moot Court Society reserves the right to take appropriate action for any unethical,
unprofessional, immoral conduct and uncalled for behaviour of the participants at the
competition venue and accommodation.
If any situation arises which is not contemplated by the Rules, the decision of the Organizing
Committee shall remain final and binding.
The Moot Court Society reserves the right to vary, alter, modify and/or repeal any provision
of the Rules if so required.
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
Email: [email protected]
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
REGISTRATION FORM
Address : …………………………………………………………………………….
…………………………………………………………………………….
PARTICIPANT DETAILS
SPEAKER 1
Name : ……………………………………………….
Gender : ………………………………………………. Photograph
Email Address : ……………………………………………….
Contact Number : ……………………………………………….
Signature : ……………………………………………….
SPEAKER 2
Name : ……………………………………………….
Gender : ………………………………………………. Photograph
Email Address : ……………………………………………….
Contact Number : ……………………………………………….
Signature : ……………………………………………….
RESEARCHER
Name : ……………………………………………….
Gender : ………………………………………………. Photograph
Email Address : ……………………………………………….
Contact Number : ……………………………………………….
Signature : ……………………………………………….
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
PAYMENT DETAILS
Amount : …………………………………………………………………………….
Date : …………………………………………………………………………….
ACCOMMODATION
(Please tick the appropriate box)
YES NO
Institution Seal :
This registration form must reach the aforementioned address of the host by 10 January 2019, 12 Noon.
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NATIONAL MOOT COURT COMPETITION
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TRAVEL FORM
DETAILS OF ARRIVAL
Date : …………………………………………………………………………….
Time : …………………………………………………………………………….
DETAILS OF DEPARTURE
Date : …………………………………………………………………………….
Time : …………………………………………………………………………….
Signatures :
This travel form must reach the aforementioned address of the host by 24 January 2019, 4 PM.
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9th SCHOOL of LAW, CHRIST
NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
MOOT PROPOSITION
1. Wadhiya is the 2nd most populous country in the world. Being blessed with highly fertile
lands and life-pro conditions, life flourished in Wadhiya. However, today Wadhiya would be
happy to see some reduction in its population. Wadhiyans tend to be religious (that certainly
does not mean that there are no atheists in Wadhiya). Roughly 80% of Wadhiyans follow
Hinduism, 14% Islam, 2.3% Christianity, and 1.7% Sikhism. Although Buddhism was born in
Wadhiya, only 0.7% Wadhiyans follow Buddhism. Wadhiya lives in many time periods at the
same time.
2. A part of Wadhiya boasts of bearing high-class achievements in the fields of rocket science
and computer science, while a part of Wadhiya also comes in news often for medieval age like
incidents. There are Wadhiyans with the most modern lifestyle, and there are Wadhiyans with
quite ancient lifestyle. There are Wadhiyans who are among the richest people in the world;
and there are also people who would be the poorest in the world.
[A]
3. Wadhiya is one of the fastest growing economies in the world. In the last 15 years, its GDP
growth rate has increased from 4% in 2002 to 9.6% in 2007 to 5.7% now. Next year, it's
expected to reach 7.5%. However, that same progress has not extended to the country’s public
health system. Over the past decades, Wadhiya’s healthcare system has repeatedly disgraced
its people. There have been newspaper reports of a husband walking for miles carrying his
wife’s body because ambulances refused help, dogs feeding on a body kept in a mortuary, and
rats gnawing at a newborn in a hospital.
4. According to the 2011 Census of Wadhiya, the Infant Mortality Rate (IMR), which plays an
important role in health planning for a country, was as high as 44 per 1000 live births, while
the child mortality rate was 12.2. In the period 2010-11 there has been a major increase in the
percentage of children aged 12-23 months who were receiving vaccination for BCG, DPT,
polio and measles. It is worth noting that BCG vaccines are received by a high proportion of
children whereas there is considerable inter-district variation in delivery of DPT, Polio and
measles vaccines. However, it is clear that further efforts are required to increase the vaccine
coverage with a particular focus on ensuring full immunisation.
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NATIONAL MOOT COURT COMPETITION
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5. As per the statistics available, in Wadhiya there is one government doctor for every 10,189
people, one hospital bed for every 2,046 people, and one government-run hospital for every
90,343 people. Deaths in government hospitals -- which are in tatters -- are an everyday
occurrence. Last month, more than 400 children died at a hospital in Bangalla in the northern
state of Muspelheim, Wadhiya’s largest province. Home to about 200 million people, it sits at
the bottom of the health rankings of Wadhiya’s 36 provinces. Deaths were due to a variety of
reasons, including oxygen shortages after a private supplier cut the supply over unpaid bills.
8. Recently, Wadhiya has introduced computerised immunisation register that track each child’s
vaccinations and feed that information into a national database. This personalised recording
system allows for individualised follow-up, helping to ensure that children receive all
necessary vaccinations even if they move to the territory of another state. By tracking this
information, immunisation programs can reduce the number of defaulters (people who do not
return for immunisations when they are due), find the unimmunised, and ensure that the right
vaccines are distributed when and where they are needed. This minimises vaccine wastage,
loss, and stock outs. This system also allows for lot-tracing to the individual child receiving
the vaccination, which is essential for vaccine safety and management of adverse events
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NATIONAL MOOT COURT COMPETITION
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following immunisation. Further, subject to the validation through specific and certified
documents, families from the lower strata of the society, i.e.,BPL families, receive an amount
of Rs.2000 per immunisation in the family that is directly credited to their bank accounts. The
details of such cash benefits are saved in the register. The primary aim of the Government here
is to ensure that the poor in the society could afford quality medical treatment to their children,
at lower prices.
9. In order to give a legal basis for the computerised immunisation register, the National
Immunisation Register (Personalised Information System) Bill, 2018 was introduced as a
Money Bill before the Lok Sabha, amidst uproar by the Opposition in the well of the House.
The Opposition was contending that it was not a Money Bill under Article 110 of the
Constitution of Wadhiya. Thereupon, the Speaker of the Lok Sabha ruled that the National
Immunisation Register (Personalised Information System) Bill, 2018 was a Money Bill under
Article 110 and was subsequently passed by both Houses of the Parliament, as per procedure
established under the Constitution. On 16 October 2018, it received the assent of the President
and was published in the Official Gazette [The Act is given in the Annexure].
10. Pursuant to the right to privacy being recognized as a fundamental right through judicial
interpretation of Article 21 of the Constitution, and taking into account the criticisms regarding
the protection of data, the government reviewed the protection mechanisms of data collected
under various statutes including the National Immunisation Register (Personalised
Information System) Act, 2018. The Personal Data Protection Act, 2018 1 was enacted on 16
November 2018 with the objective to protect personal data as a facet of informational privacy
and autonomy of individuals, and ensuring empowerment, progress and innovation.
11. Wadhiya had also faced challenges to its privacy regime before and hence the legislature found
it imperative to enact Data Protection legislations. On 2 December 2018, the Immunisation
Register was hacked by a group of student hackers known as ZMU wherein 5 million user
record data were breached and led them to gain access over the user passwords, net banking
details, etc. The hackers had committed the said act only to show the weakness in the
government firewalls and data protection schemes, and to showcase their ability to hack and
not with the intent of misusing the information. The information was destroyed, and the
records were returned to the Ministry of Health, Union Government, shortly thereafter. This
incident resulted in public outcry for a better protection regime.
1
For the purpose of this Moot Court Competition, the Personal Data Protection Bill, 2018, located at
http://meity.gov.in/writereaddata/files/Personal_Data_Protection_Bill,2018.pdf, (MEITY website) shall be deemed to be an
Act of Parliament, notified in the Official Gazette and to have commenced on the aforementioned date.
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NATIONAL MOOT COURT COMPETITION
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[B]
12. Wadhiya is the fastest growing market for the e-commerce sector that changed the way
business was done. Through its Annual Consolidated Foreign Direct Investment Policy, 2018,
released on 29 January 2018, the Wadhiyan Government relaxed the FDI norms for e-
commerce sector, allowing 100% FDI under the automatic route.
13. LF Corporation is an e-commerce market giant incorporated in the United States of Hogwarts,
having nearly 32% of the share in the e-commerce market in the world. Having taken note of
the rising trends in Wadhiyan e-commerce market, LF Corporation set-up business in Wadhiya
under the name LF Wadhiya Pvt. Ltd., a wholly owned subsidiary of the LF Corporation.
14. The LF Wadhiya Pvt. Ltd. is engaged in business-to-business (B2B) services pertaining to
transportation of goods and materials, by means of rail or road. The company developed an
online platform where transportation agencies could register themselves. Firms looking for
transportation facilities could also register on the portal and avail the services offered by
various registered transportation agencies. The consideration, deposit and other charges were
payable by either of the parties through the online portal.
15. The data servers of the LF Wadhiya Pvt. Ltd. are located in Godridge, in the United States of
Hogwarts, where the parent company LF Corporation is located. On 04 December 2018, a
group of anonymous hackers hacked into the data servers of LF Corporation located at
Godridge. Data pertaining to nearly 2 million business entities from LF Wadhiya Pvt. Ltd.
were made accessible to the public by the hackers. Data relating to these business entities
registered on the online portal of the Company included user passwords, bank details of the
accounts of the companies, registered GST numbers and other sensitive information that is not
accessible by the public. This led to an outcry in Wadhiya, against the failure of the laws and
regulations on data protection in Wadhiya.
[Litigation]
16. Specter Ross, an NGO based in Wadhiya, engaged in the protection of rights of citizens and
raising awareness and concerns of the public, filed a petition before the Supreme Court of
Wadhiya challenging the constitutionality of the National Immunisation Register
(Personalised Information System) Act as violative of the fundamental rights.
17. Subsequently, similar petitions were filed by other NGOs, namely, Janatha Partners and
Airlines Associates before the Supreme Court of Wadhiya, for the protection and localization
of data pertaining to business entities with parent companies outside Wadhiya, thereby
challenging the validity of Chapter VIII of the Personal Data Protection Act and other
provisions related thereto.
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NATIONAL MOOT COURT COMPETITION
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18. The Wadhiyan Constitution is the longest written constitution of the world, and came into
force on 26 January 1950. The Constitution is the supreme law of Wadhiya. Judicial System
of Wadhiya consists of the Supreme Court, High Courts, District Courts and other Subordinate
Courts. Unlike the Supreme Court of the United States, which takes up only about 70 cases a
year, the various benches of the Wadhiyan Supreme Court hear up to 700 matters a day. As
per the Constitution, any person can move the Supreme Court for enforcement of fundamental
rights guaranteed under Part III of it. In addition, the Constitution contains detailed provisions
for appeals and Special Leave Petitions.
19. The three-judge bench that heard the petition ordered it to be placed before the Chief Justice
of Wadhiya (CJW) to constitute a 7-Judge Bench to revisit the precedents laid down by the
Apex Court on the issue. The Bench framed the following issues for the consideration of the
seven-judge bench. Acting upon the referral, the Chief Justice constituted a seven- judge bench
and referred the issues framed by the three judge bench for consideration:
(i) Whether the decision of the Speaker under Article 110 (3) of the Constitution is subject
to judicial review, and if yes, whether the National Immunisation Register (Personalised
Information System) Act, 2018 is a Money Bill?
(ii) Whether the collection and storage of data by the Government under the National
Immunisation Register (Personalised Information System) Act, 2018 violate the
fundamental right to privacy of the citizens guaranteed under the Constitution of
Wadhiya?
(iii) Whether Chapter VIII of the Personal Data Protection Act, 2018 and other related
provisions thereto, are ultra vires the Constitution of Wadhiya?
Note: The Constitution, the laws and the legal system of Wadhiya are pari materia with the
Constitution and laws of Republic of India. Use the statistical data relating to immunisation in India
as the data for the Republic of Wadhiya.
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NATIONAL MOOT COURT COMPETITION
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ANNEXURE
The National Immunisation Register (Personalised Information System) Act, 2018
An Act to provide for the creation of a National Immunisation Register and for matters connected
therewith or incidental thereto.
Be it enacted by Parliament in the Sixty-ninth year of the Republic of Wadhiya as follows:
CHAPTER I
PRELIMINARY
2. Definitions.
(1) In this Act unless the context otherwise requires:-
08 – 10 February 2019
3. Meaning of commercial-in-confidence.
Information is commercial-in-confidence if a person demonstrates to an authorised officer that:
(a) release of the information would cause competitive detriment to the person; and
(b) the information is not in the public domain; and
(c) the information is not required to be disclosed under any law of the Union of Wadhiya, or of
a State; and
(d) the information is not readily discoverable.
CHAPTER II
NATIONAL IMMUNISATION REGISTER
(2) The Central Government may, if it is of the opinion that it is expedient so to do, by a notification
in the Official Gazette add or delete any disease in sub-section (1) of this section.
Explanation: For the purposes of this Section, parents would mean, natural parent, custodian, Court
appointed Guardian and legal representative – whosoever has the custody of the child.
5. Establishment of the register.
(1) The Central Government shall establish and keep a register to be called the National
Immunisation Register, which is an online Portal developed by the National Informatics Centre.
(2) Parts of the register may be kept separate from each other and be called by different names.
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NATIONAL MOOT COURT COMPETITION
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(2) For an individual who is incapable of managing his or her health affairs:
(a) paragraph (1)(f) also applies to checking of the individual’s vaccination status by a legal
personal representative of the individual; and
(b) paragraphs (1)(h), (i) and (j) also apply to advising, or giving a certificate or information
to, a legal personal representative of the individual.
(2) An individual may, in the approved form, request that personal information on the NI register
relating to or identifying:
(a) the individual; or
(b) if the individual is a legal personal representative of another individual who is incapable
of managing his or her health affairs—that other individual;
not be disclosed from the NI register for one or more purposes of the NI register.
(3) The state must comply with a request under this section as soon as practicable.
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NATIONAL MOOT COURT COMPETITION
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(2) A person may make a record of, disclose or otherwise use protected information if:
(a) the person does so for the purposes of the NI register, and the person is:
(i) an officer or employee of the Union of Wadhiya or of an authority of the Union of
Wadhiya; or
(ii) engaged by the Union of Wadhiya, or by an authority of the Union of Wadhiya, to
perform work relating to the purposes of the NI register; or
(iii) an officer or employee of, or is engaged by, a person referred to in subparagraph
(ii) to perform work relating to the purposes of the NI register; or
(iv) a prescribed body; or
(v) a recognised vaccination provider; or
(vi) the person does so for the purposes of performing the person’s functions, or
(vii) exercising the person’s powers, under this Act; or
(viii) the person is required or authorised to do so by or under any law of Union of
Wadhiya; or
(ix) the person does so for the purposes of court or tribunal proceedings, or in accordance
with an order of a court or tribunal; or
Explanation: Protected Information for the purposes of this section includes information that:
(a) is obtained as the result of a disclosure from the register, whether directly or indirectly because
of one or more on-disclosures; or
(b) is derived from information that was in the register.
(3) An authorised officer may, in writing, authorise a person to make a record of, disclose or otherwise
use protected information for a specified purpose that the said officer is satisfied is in the public
Interest.
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
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MISCELLANEOUS
13. Exceptions relating to the person to whom the protected information relates.
(1) Section 10 does not apply to a person if:
(a) the person discloses protected information to a person to whom the information relates;
or
(b) the person is the person to whom the protected information relates; or
(c) the making of the record, or the disclosure or use, of the protected information is in
accordance with the express or implied consent of the person to whom the information
relates.
(2) Sub-section (1) applies as if a reference in that subsection to the person to whom the protected
information relates includes a reference to the person’s legal personal representative if the person
is incapable of managing his or her health affairs.
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NATIONAL MOOT COURT COMPETITION
08 – 10 February 2019
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