In a bid to improve the argumentative skills of budding lawyers, law colleges and schools across India are choosing ‘Moot Court’ competitions
The syllabus of the law universities features ‘Moot Court’ as a compulsory topic, the marks scored in it playing a crucial role in determining the grade with which the students pass out of the LLB degree examination. Persons outside the legal fraternity or law colleges may stare back when they are asked about Moot Court. “Though Moot Courts are as important and interesting as Mathematics Olympiad, they are yet to get the public recognition. For those interested in legal affairs, this is an event equal in status to the Mathematics Olympiad,†said Prof V R Jayadevan, principal, of Government Law College, Thrissur, who successfully conducted an all-India Moot Court event in his college in the last week of September.
Though planned as a low-profile event the Thrissur Moot Court Competition drew 36 teams from all over India. The winners walked away with the Justice T Ramachandran Memorial Trophy. The event saw intense competition as participating undergraduates switched over from one section of the law to another section with elan and poise.
If you ask a person without a legal background what moot court is about, chances are that you will get a grumpy look. No one can blame him/her because persons without knowledge of legal education are not at all familiar with the term. Moot Courts are simulated lessons held in law schools to make budding lawyers ready to face real-life battles in courtrooms. It is an intellectual bout conceived to test the prowess of law students in their academic pursuits.
The organisers take out subjects of national and international events, put them as a legal issue and ask the students to argue for and against the topic. Classrooms in law schools are converted into real-life courtrooms with all resplendent ambience. These bouts turn out future Jethmalanis, Servais, Narimans and Sorabjees!
Those familiar with the nuances of law and legal codes are sure to take a liking to the event. “I always feel that Moot Courts resemble Kathakali, a pantomime of Kerala, which could be enjoyed only by the connoisseurs of art. For those who are uninitiated about Kathakali, watching it is a futile exercise. There is a saying in Malayalam that watching the art form without knowing the story is a waste of time,†said Parvathi Sreejth Valliathan, Assistant Professor, SRM Law School, Chennai. The Thrissur event was the 12th edition of the annual Moot Court competition held by the College. “This year we selected a topic right out of a real-life event. Dharmanchal, a State in the Union of India, enacted Dharmanchal Infrastructure Investment Fund Act 2001. The preamble of the Act states that it was expedient to constitute a fund for investment in infrastructure projects in the State. The Act was similar to the provisions of the Kerala Infrastructure Investment Fund Act 1999,†explained Prof Sonia K Das, the livewire of the event.
The Comptroller and Auditor General of India took strong objections to the way the KIIFB was functioning and the availing of loans beyond the repaying capacity of the State. The Articles concerning the federal structure and the freedom of the States were used as weapons by the participants in simulated courtrooms which were presided over by judges who needled the counsels appearing for the petitioners and respondents with questions that went deep into the subject. The expressions on the faces of the audience spoke a lot. They too were taken to the hitherto undebated issues in the Indian Constitution. “Our intention is to tone up the skills of advocacy,†said Prof Jayadevan.
The competition witnessed high-pitch arguments and counter-arguments. “Besides arguments, Moot Courts are the path for law students to have practical knowledge in drafting, pleading and conveyancing. The Moot Courts will intellectually stimulate students to develop skills that will be of great importance in future The participants (addressed as Mooters) should possess sharp analytical skills to dissect complex legal issues, identify key arguments and develop logical frameworks,†said Parvathy Kumar, who has more than a dozen Moot Court events to her credit.
Moot Court also have a number of participants performing various tasks like researching and drafting which are put to the Court for approval/consideration. The participants are hopeful that one day they will be able to compete in the Philip C Jessup International Law Moot Court hosted in Washington DC. Considering the fact that there is no empowered body to ask the global community of nations to follow the diktat of the International Court of Justice, it is for the Gen Next to come up with ideas and solutions that make the States obey the orders issued by it. The progress made in science and technology has brought together warring nations of Europe is a hopeful signature. Let the Moot Courts flourish in India.
(The writer is a special correspondent at The Pioneer; views expressed are personal)

















