Constitution Moot Court LATEST
Constitution Moot Court LATEST
VERSUS
..Respondents
TABLE OF CONTENTS
3
1. LIST OF
ABBREVIATIONS
4
2. INDEX OF
AUTHORITIES
5
3. STATEMENT OF
JURISDICTION
6
4. STATEMENT OF
FACTS
7
5. STATEMENT OF
ISSUES
8
6. ARGUMENTS
ADVANCED
15
7. PRAYER
Art. Article
Sec. Section.
SC Supreme court.
HC High Court
Vs Versus
No. Number
U/A Under Article
LIST OF ABBREVIATIONS
List of Abbreviations
JUSTICE K S PUTTASWAMY (RETD.), AND ANR. – “Petitioner”
Union Of India & Others – “Respondent” or “UOI”
The Constitution of India – “Constitution”
INDEX OF AUTHORITIES
BOOKS
STATUTE REFERRED
(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.
(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution
STATEMENT OF FACTS
Union of India before a nine-judge bench of the Supreme Court challenging the
fundamental right under the constitution of India following past decisions from
A challenge to the government’s Aadhar Card scheme is the primary motto of this
case (a form of uniform biometric-based identity card) which was proposed by the
FACTS IN ISSUE
Whether the Aadhar project violates the right to privacy of the citizen and
is unconstitutional.
Constitution of India?
ADVANCED ARGUMENT
The petitioners contend that the planning of the Aadhaar Act by its very
virtue is probabilistic in nature. The Act aims to extend subsidies,
benefits, and services to society. It is possible that rather than providing
these benefits, subsidies, and services to the section of society for which
these are meant, it may end up excluding them from receiving such
beneficiaries.
That the Act takes away the rights and liberties of the citizens of the
country which are guaranteed to them under the Indian Constitution.
Strict implementation of the Aadhaar Act can be a serious problem as it is
o Right to life
o Right to personal liberty
The fundamental right provided by Article 21 is one of the most
important rights that the Constitution guarantees.
The Supreme Court of India has described this right as the ‘heart of
fundamental right’.
The right specifically mentions that no person shall be deprived of life
and liberty except as per the procedure established by law. This implies
that this right has been provided against the State only. State here
includes not just the government, but also, government departments,
local bodies, the Legislatures, etc.
The right to life is not just about the right to survive. It also entails being
able to live a complete life of dignity and meaning.
The chief goal of Article 21 is that when the right to life or liberty of a
person is taken away by the State, it should only be according to the
prescribed procedure of law.
The Act imposes restrictions that are not provided under Article 19 as
reasonable restrictions.
This provision states that all citizens will be treated equally before
the law.
The law of the country protects everybody equally.
Under the same circumstances, the law will treat people in the
same manner.
That it is important that the law which imposes such a restriction must be
fair, just and reasonable. In the present case, the restrictions which are
imposed by the Government through the Aadhaar Act do not fall under
reasonable restrictions and are arbitrary and unreasonable.
That the information which was sought from the citizens violated the
integrity of the citizens. The object of the Act was not in nexus with the
information which was sought to be collected by the citizens.
That the Act also make Aadhaar Cards compulsory for availing certain
benefits that were offered by the Government to the citizens under the
Act. The compulsion of Aadhaar Cards will also enable the Government
to put the citizens under its surveillance and this would amount to a
violation of the Right to privacy under Article 21 of the Constitution.
Registration is now become mandatory for filing tax returns opening bank
accounts checking loans buying and selling property or even making
purchases of 50,000/- rupees and above.
The provisions of the Aadhaar Act which fail to fulfill the criteria of a
money bill cannot be considered to be passed and so the entire law is void
and needs to be struck down.
That as per the Indian Constitution the State is bound to provide benefits
to its citizens by way of subsidies and services. The Aadhaar Act makes
these benefits conditional for the citizens which the State is bound to
provide to its citizens. To avail of such Benefits, the Aadhaar Act needs
the citizens to give their biometric and demographic information.
The Aadhaar Act enabled the Government to track the citizens which
violated their right to privacy and hence are unconstitutional.
The Act takes away the right to make a choice from the citizens as
according to the Act it is mandatory for the citizens to reveal the
information to the State that the Act needs them to in order to avail of the
benefits and subsidies provided by the Government as without Aadhaar
authentication the citizens will be denied of those Government
beneficiaries.
Linking of the bank accounts with Aadhaar violates the rights of the
citizens as they are not left with a choice to operate their bank accounts
without linking it with the unique ID and hence, it is violative of Article
14 and 21 of the Constitution.
The provisions of the Aadhaar Act which fails to fulfill the criteria of a
money bill cannot be considered to be passed and so the entire law is void
and needs to be struck down.
Privacy, liberty, and freedom are all intertwined and it was the spirit of
the individual.
The issue is not limited to privacy but an individual’s control over his
own thoughts. Technology might enable the State to map the thoughts
and feelings of an individual, and the absence of a privacy right would
leave the individual with no legal recourse.
Wherefore, in the light of the fact presented, issues raised, authorities, relied
upon, and arguments advanced, it is most humbly prayed that this Hon’ble
Court may be pleased to,
1. Allow the present appeal.
2. That the right to privacy should be protected under the Constitution of
India.
3. That the Aadhar Act should be held unconstitutional as it violates the right to
privacy.
4. That the Aadhar project has a propensity to create a surveillance state and is
thus unconstitutional based on this ground.