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Moot Preposition On Constitutional Law
Moot Preposition On Constitutional Law
UNION OF URBANA
(RESPONDENT)
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MEMORIAL FOR RESPONDENT TABLE OF CONTENT
TABLE OF CONTENT
INDEX OF ABBREVIATIONS……………………………………………………………………....i
INDEX OF AUTHORITIES………………………………………………………………………….ii
STATEMENT OF JURISDICTION…………………………………………………………………iii
STATEMENT OF FACTS…………………….……………………………………………………..iv
STATEMENT OF ISSUE …….………………………...……………………………………………v
SUMMARY OF ARGUMENTS…………………………………………………………………….vi
ARGUMENTS ADVANCED……………………………………………………………………….vii
ISSUE 1: Whether exemption of certain goods out of the purview of GST is grounded on some
reasonable classification or is arbitrary in nature and therefore unconstitutional?
ISSUE 2: Does the GST Act pave way for excessive delegation of powers & is therefore
unconstitutional?
ISSUE 3: Whether Constitution (One Hundred and First Amendment) Act, 2017 is against the
federal setup of the Urbana and is therefore unconstitutional?
PRAYER……………………………………………………………………………………………..vi
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MEMORIAL FOR RESPONDENT INDEX OF ABBREVIATIONS
INDEX OF ABBREVIATIONS
HON’BLE HONOURABLE
ORS OTHERS
ART. ARTICLE
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MEMORIAL FOR RESPONDENT INDEX OF AUTHORITIES
INDEX OF AUTHORITIES
STATUTORY COMPLICATIONS
Constitution of Urbana, 1950
Central Goods & Service Act, 2017
State Goods & Service Act, 2017
Intra- State Goods & Service Act, 2017
BOOKS
WEBSITES
hhttp://www.manupatra.com
hhttp://www.Urbanakanoon.com
hhttp://www.lexisnexis.com
hhttp://www.lawyerscluburbana.com
hhttp://www.westlaw.com
hhttp://www.lawindia.com
CASE LAW REFERENCE
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MEMORIAL FOR RESPONDENT STATEMENT OF JURISDICTION
STATEMENT OF JURISDICTION
The Respondent humbly submits this memorandum filed before the Hon’ble Supreme Court of
Urbana as this court has jurisdiction of writ petition to try and entertain this case under Article 32 of
the Constitution of Urbana, 1950.
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32. Remedies for enforcement of rights conferred by Part III
(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 the 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
STATEMENT OF FACTS
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MEMORIAL FOR RESPONDENT STATEMENT OF ISSUE
STATEMENT OF ISSUE
II. Does the GST Act pave way for excessive delegation of powers & is therefore
unconstitutional?
III. Whether Constitution (One Hundred and First Amendment) Act, 2017 is against
the federal setup of the Urbana and is therefore unconstitutional?
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MEMORIAL FOR RESPONDENT SUMMARY OF ARGUMENTS
SUMMARY OF ARGUMENTS
Issue 1: Whether exemption of certain goods out of the purview of GST is grounded on some
reasonable classification or is arbitrary in nature and therefore unconstitutional?
It is humbly submitted on the behalf of the respondent that the exemption of certain goods and
services out of the preview of GST is founded on the reasonable classification provided under Article
14 the Constitution of Urbana and this exemption has passed the test of reasonable classification also
provided under the same Article 14 of the same constitution and it is not arbitrary and
unconstitutional
Issue 2: Whether GST Act paves way for excessive delegation of powers & is therefore
unconstitutional?
It is humbly submitted on behalf of the respondent that the power delegated under section 171 of the
central GST Act is a permissible delegation which means those powers which can be delegated by
parliament come into the preview of the Doctrine of permissible limits. Delegated delegation is also
known as bye-laws and the power to make ‘bye-laws’ is conferred on local authorities and statutory
or other undertakings “for regulating the conduct of persons within their areas or resorting to their
undertaking”. If the rules and regulations are also made under the enabling Act, the bye-laws are
generally made subordinate to them.
Issue 3: Whether Constitution (One Hundred and First Amendment) Act, 2017 is against the
federal setup of the Urbana and is therefore unconstitutional?
It is humbly submitted before the Hon’ble Court that the (one hundred and first amendment) Act,
2017 is not against the Federal set up of Urbana. When we considered the debate on the federal
structure of the Urbana then there were different views of different scholars and jurists and drafters
of the Urbana Constitution.
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The federalism in Urbana– Sir Ivor Jennings was of the view that Urbana has a federation with a
strong centralizing policy. In the other words, the constitution of Urbana is neither purely federal nor
unitary, but it is a combination of both. It is often defined to be quasi-federal in nature.
ARGUMENTS ADVANCED
II. Does the GST Act pave way for excessive delegation of powers & is therefore
unconstitutional?
III. Whether Constitution (One Hundred and First Amendment) Act, 2017 is against
the federal setup of the Urbana and is therefore unconstitutional?
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MEMORIAL FOR RESPONDENT PRAYER
PRAYER
Therefore, in the light of facts stated, issues raised, arguments advanced and authorities cited, it is
most humbly prayed and implored before the hon’ble court that it may be graciously pleased to
declared that:
The court may be pleased to pass any other decree, which the court may deem fit in the light of
justice, equity and good conscience.
All of which is most humbly and respectfully submitted.
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