9th_nmcc (2).pdf

9th SCHOOL of LAW, CHRIST

NATIONAL MOOT COURT COMPETITION

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

II.

PARTICIPATION ......................................................................................................................................... 3

III.

REGISTRATION .......................................................................................................................................... 3

IV.

GENERAL...................................................................................................................................................... 3

V.

COMPETITION FORMAT ......................................................................................................................... 4

VI.

COMPETITION SCORING PROCEDURE .............................................................................................. 5

VII. MEMORANDA.............................................................................................................................................. 7 VIII. MEMORANDA SCORING .......................................................................................................................... 9 IX.

ORAL PLEADINGS ..................................................................................................................................... 9

X.

ORAL PLEADINGS SCORING ................................................................................................................ 10

XI.

AWARDS...................................................................................................................................................... 10

XII. FACILITIES ................................................................................................................................................ 10 XIII. MISCELLANEOUS .................................................................................................................................... 10 XIV. CONTACT DETAILS ................................................................................................................................. 11 REGISTRATION FORM ..................................................................................................................................... 12 TRAVEL FORM .................................................................................................................................................... 14 MOOT PROPOSITION ........................................................................................................................................ 15

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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 4.1 Team Composition 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. 4.2 Official Language The official language of the competition shall be English. All competition rounds, memoranda and compendiums must be in English. 4.3 Registration Fees 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). Page 3 of 26

9th SCHOOL of LAW, CHRIST 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, Dr Shiju MV, Faculty Coordinator, Moot Court Society, School of Law, CHRIST (Deemed to be University), Hosur Road, Bengaluru – 560 029. 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. 4.4 Dress Code 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. 5.2 Preliminary Rounds 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. 5.3 Octa-Final Round 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 Page 4 of 26

9th SCHOOL of LAW, CHRIST 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. 5.4 Quarter-Final Round 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. 5.5 Semi-Final Round 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. 5.6 Final Round 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. VI.

COMPETITION SCORING PROCEDURE 6.1 Preliminary Rounds 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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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. 6.2 Octa-Final Round 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. 6.3 Quarter-Final Round 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. 6.4 Semi-Final Round 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. Page 6 of 26

9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

6.5 Final Round 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 7.1 Format specifications 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

7.3 General Instructions 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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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. 7.4 Submission Guidelines All participating teams must submit one hard copy of the memoranda (both petitioner/applicant and respondent) to the following postal address, Dr Shiju MV, Faculty Coordinator, Moot Court Society, School of Law, CHRIST (Deemed to be University), Hosur Road, Bengaluru – 560 029. 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. Page 8 of 26

9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

VIII. MEMORANDA SCORING 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 0100. The criteria for evaluation are as follows,

IX.

Sl. No.

Marking Criteria

1 2 3 4 5 6 7

Application and Appreciation of Facts Identification of Issues Application of Legal Principles, Authorities and Precedents Ingenuity and Logical Reasoning Lucidity and Writing Skills Referencing Formatting and Presentation TOTAL

Marks Allotted 20 10 20 15 15 10 10 100

ORAL PLEADINGS The order of oral pleadings shall be as follows:  Petitioner/ Applicant Speaker 1;  Petitioner/ Applicant Speaker 2;  Respondent Speaker 1;  Respondent Speaker 2;  Rebuttal by Petitioner/ Applicant; and  Sur-rebuttal by Respondent. 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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9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

X.

ORAL PLEADINGS SCORING The oral pleadings of each speaker shall be evaluated on a scale of 0-100 as follows,

XI.

Sl. No.

Marking Criteria

1 2 3 4 5

Knowledge and Marshalling of Facts Application of Legal Principles and Usage of Authorities Structure, Articulation and Clarity Persuasiveness, Ingenuity and Response to Questions Court Etiquette, Presentation Style and Time Management TOTAL

AWARDS    

XII.

Marks Allotted 20 20 20 20 20 100

Winners/ Best Team - Trophy and Cash Prize of Rs. 50,000/Runner-Up/ Second Best Team - Trophy and Cash Prize of Rs. 25,000/Best Speaker of the Competition – Trophy and Cash Prize of Rs. 10,000/Best Memoranda - Trophy and Cash Prize of Rs. 15,000/-

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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9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

XIV. CONTACT DETAILS Email:

[email protected]

Faculty Coordinator:

Dr Shiju MV Mr Chetan Dixit Jayantrao

Postal Address:

Student Convenors:

(+91 – 98997 03105) (+91 – 82754 48587)

The Faculty Coordinator, Moot Court Society School of Law, CHRIST (Deemed to be University) Hosur Road, Bengaluru, Karnataka, India – 560 029 Mr Mithel Reddy R Ms Shilpa Sai Ms Keerthana Nagaraj

(+91 – 96329 83839) (+91 – 96638 24904) (+91 – 78999 29191)

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9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

REGISTRATION FORM Name of the Institution

: …………………………………………………………………………….

Address

: ……………………………………………………………………………. …………………………………………………………………………….

Faculty Coordinator (Moot Court Society)

: ……………………………...…(Name)………………………………….. …………………………….(Email address)………………………………

Moot Court Society

: …………………………...(Email address)……………………………… PARTICIPANT DETAILS

SPEAKER 1 Name

: ……………………………………………….

Gender

: ……………………………………………….

Email Address

: ……………………………………………….

Contact Number

: ……………………………………………….

Signature

: ……………………………………………….

Photograph

SPEAKER 2 Name

: ……………………………………………….

Gender

: ……………………………………………….

Email Address

: ……………………………………………….

Contact Number

: ……………………………………………….

Signature

: ……………………………………………….

Photograph

RESEARCHER Name

: ……………………………………………….

Gender

: ……………………………………………….

Email Address

: ……………………………………………….

Contact Number

: ……………………………………………….

Signature

: ……………………………………………….

Photograph

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9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

PAYMENT DETAILS Demand Draft Number

: …………………………………………………………………………….

Bank Name

: …………………………………………………………………………….

Branch Name

: …………………………………………………………………………….

Amount

: …………………………………………………………………………….

Date

: …………………………………………………………………………….

ACCOMMODATION (Please tick the appropriate box) YES

NO

Signature of the Faculty Co-ordinator

: …………………………………………….

Signature of the Head of the Department/ Director

: …………………………………………….

Institution Seal

:

This registration form must reach the aforementioned address of the host by 10 January 2019, 12 Noon. Page 13 of 26

9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

TRAVEL FORM

Name of the Institution

: …………………………………………………………………………….

DETAILS OF ARRIVAL Date

: …………………………………………………………………………….

Time

: …………………………………………………………………………….

Mode of Transport

: …………………………………………………………………………….

Train/ Bus/ Flight Number : …………………………………………………………………………….

DETAILS OF DEPARTURE Date

: …………………………………………………………………………….

Time

: …………………………………………………………………………….

Mode of Transport

: …………………………………………………………………………….

Train/ Bus/ Flight Number : …………………………………………………………………………….

Signatures

Participant 1

:

Participant 2

Participant 3

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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According to the World Health Organisation (WHO) EPI (Expanded Programme on Immunisation) Fact Sheet of 2011 the National Immunisation Coverage was as follows: Name of Vaccine BCG DTP3 OPV3 MCV1 (Source: WHO/UNICEF estimates, 2012)

Coverage Percentage (2011) 87 72 70 74

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. 6. In the same month, in another government-run hospital in Muspelheim, 49 children died allegedly due to oxygen and medicine shortages. In the state of Somasthan, more than 800 children have died in two state-run hospitals this year. The immunisation rate for children in Wadhiya is 58.9% for SC category and 49.8% for ST category. Some of the challenges to immunisation include limited capacities of staff at the field level, particularly in poorperforming states; and gaps in key areas such as predicting demand, logistics and cold chain management, which result in high wastage rates. 7. Wadhiya still lacks a robust system to track vaccine-preventable diseases. Vaccination coverage varies considerably from state to state, with the lowest rates in Wadhiya’s large central states. Differences in uptake are geographical, regional, rural-urban, poor-rich and gender-related. On average, girls receive fewer immunisations than boys and higher birth order infants have lower vaccination coverage. 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 Page 16 of 26

9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

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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[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 ecommerce 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. Page 18 of 26

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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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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 1. Short title, extent and commencement. (1) This Act may be called the National Immunisation Register (Personalised Information System) Act, 2018. (2) It extends to the whole of Wadhiya. (3) The Act shall come into force at once. 2. Definitions. (1) In this Act unless the context otherwise requires:(a) “commercial-in-confidence” has the same meaning as given by section 3; (b) “protected information” means personal information, relevant identifying information or information that is commercial-in-confidence, to the extent that this information: (i) is obtained under, or in accordance with, this Act; or (ii) is derived from a record of information that was made under, or in accordance with, this Act; or (iii) is derived from a disclosure or use of information that was made under, or in accordance with, this Act; (c) “legal representative” means: (i) a parent or guardian of the individual, if the individual is under the age of 18 years; or (ii) a trustee of an estate of the individual, if the individual is under a legal disability; or (iii) a person who holds an enduring power of attorney granted by the individual; (d) “NI register” means the National Immunisation Register established under Section 5 of this Act; (e) “prescribed body” means a person prescribed by the rules for the purposes of this definition; (f) “recognised vaccination provider” means: (i) a general practitioner; or (ii) an individual, or body, endorsed to administer vaccines in Wadhiya, if the endorsement a. is for purposes that include the purposes of the AI register, and b. is by the Union of Wadhiya. Page 20 of 26

9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 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 4. Obligation to get vaccinations. (1) It is the obligation of every parent to get their child / children below the age of 6, vaccinated for the following diseases: (a) Tuberculosis (b) Polio (c) Hepatitis (d) Mumps (e) Measles (f) Rubellosis (g) Pertussis (h) Japanese Encephalitis (i) Diphtheria (j) Tetanus (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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9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

6. Contents of the Register. The NI register may include the following: (a) relevant identifying information for each individual who has, or could have, a relevant vaccination; (b) information about each of those vaccinations, including: (i) the day of the vaccination; and (ii) information about the vaccine administered; and (iii) if the vaccine was administered in Wadhiya—the name and contact details of the recognised vaccination provider who administered the vaccine; and (iv) if the vaccine was administered outside Wadhiya—the name and contact details of the recognised vaccination provider who has been given information about the vaccination; (c) relevant identifying information for each individual who is assessed by a general practitioner as: (i) not requiring a vaccination because the individual has contracted a disease or diseases, and as a result has developed a natural immunity; or (ii) having a medical contraindication to a vaccine, and as a result should not receive a vaccination; (d) information about each of those assessments, including: (i) the day of the assessment; and (ii) information about the vaccine relevant to the assessment; and (iii) the name and contact details of the general practitioner who conducted the assessment; (e) other information relating to vaccinations of individuals; (f) contact details and residential address of the individuals or the concerned legal person representative; (g) bank account details of the legal representative; (h) caste certificate/ any other validated document to prove the caste of the individual. 7. Purposes of the register (1) The purposes of the NI register are to facilitate the following: (a) establishing and keeping an electronic database of records relating to vaccinations of individuals; (b) collecting, analysing and publishing statistics, and other information, about vaccination coverage across Wadhiya and parts of Wadhiya; (c) monitoring vaccination coverage across Wadhiya and parts of Wadhiya; (d) monitoring the effectiveness of vaccines and vaccination programs in preventing vaccine preventable diseases; (e) identifying any parts of Wadhiya at risk during disease outbreaks because of the number of unvaccinated individuals in those parts; Page 22 of 26

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(f) checking an individual’s vaccination status by that individual or by a recognised vaccination provider; (g) checking an individual’s vaccination status: i. by (or on behalf of) the Union of Wadhiya; and ii. to the extent that this is necessary for determining eligibility for family assistance; (h) advising an individual when he or she is, or was, due to receive doses of a vaccine; (i) certifying when a course of vaccination has been completed; (j) promoting individuals’ health and well-being by giving information on new developments associated with vaccinations to them and to recognised vaccination providers; (k) payments relating to vaccinations; (l) research relating to vaccinations; (m) subsidised treatment as mentioned under Section 15 (n) anything incidental to any of the above paragraphs. (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. 8. Requests about personal information in the register (1) An individual may, in the approved form, request that the individual not be given by (or on behalf of) the State: (a) any advice of a kind referred to in paragraph 6(1)(h); or (b) any certification of a kind referred to in paragraph 6(1)(i); or (c) any information of a kind referred to in paragraph 6(1)(j). Provided that the request is made by a legal representative of an individual who is incapable of managing his or her health affairs (see subsection 6(2)). (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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9th SCHOOL of LAW, CHRIST NATIONAL MOOT COURT COMPETITION 08 – 10 February 2019

9. Authorised dealings with protected information (1) A person may collect, make a record of, disclose or otherwise use: (a) personal information; or (b) relevant identifying information; or (c) information that is commercial-in-confidence; for the purposes of including the information in the NI register. (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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CHAPTER III MISCELLANEOUS 10. Offence relating to protected information. Whoever, not being authorised under this Act or any other law for the time being in force, intentionally: (a) accesses or secures access to the NI Register; (b) downloads, copies or extracts any data from the NI Register; (c) damages or causes to be damaged the data in the NI Register; (d) reveals any information other than for the purposes mentioned in sub-section (2) and (3) of Section 9; shall be punishable with imprisonment for a term that may extend to three years or a fine of Rs. Two Lakhs or with both. 11. Exceptions for use in good faith. Section 10 does not apply to a person to the extent that the person makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with section 9. 12. Exception if unaware that the information is commercial- in- confidence. Section 10 does not apply to a person if: (a) the person makes a record of, discloses or otherwise uses protected information; and (b) the information is commercial- in- confidence; and (c) the person does not know that the information is commercial- in- confidence. 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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14. Exception for disclosure to person who provided the information. Section 10 does not apply to a person if: (a) the person obtains protected information from another person; and (b) the person discloses that information to the other person. 15. Financial Subsidies. (1) Notwithstanding any other law for the time being in force, the Central Government may, from time to time, pass notification through the Official Gazette, determining the percentage of financial subsidies granted to the Other Backward Classes, Scheduled Castes and Scheduled Tribes, or as the case may be. (2) The grant of financial subsidies shall be transferred directly to the registered bank account of the individual, on the basis of documents submitted and in accordance with the provisions of this Act, while registering the individual. (3) The decision of the Authorised Officer shall be final with respect to the eligibility for financial subsidies, on the basis on the documents submitted for proof under Section 6 of this Act. 16. Power to make Rules. The Central Government, may by notification published in the Official Gazette, make rules for carrying out the provisions contained under this Act.

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