Dr. Anagh Mishra, your journey through the legal landscape, from the hallowed halls of ILS Law College to being an Advocate-on-Record at the Supreme Court, is quite intriguing. Can you share a memorable anecdote from your early days as a law student that still brings a smile to your face?
Reflecting on my law college days, one standout memory that brings a profound sense of accomplishment is when the Placement Cell chose my CV to be the exemplar for the forthcoming batches. The announcement came as both a surprise and an honor, underscoring the meticulous effort I had invested in crafting a CV that not only showcased my achievements but also adhered to the highest professional standards.
The recognition from the Placement Cell carried significant weight, knowing that my CV would be presented as the ideal template for fellow students navigating their own paths into the professional realm. It wasn’t just a personal triumph; it became an opportunity to contribute to the success of my peers and offer guidance through a tangible example.
The experience highlighted the importance of attention to detail in the professional realm, emphasizing the impact a well-crafted CV can have on one’s career trajectory. This moment stands out as a testament to the collective growth and support within our academic community, shaping not only my journey but also contributing to the broader success of aspiring legal professionals.
Your expertise spans areas like environmental activism, corporate laws, and intellectual property. How do you find harmony or balance between such diverse legal realms, and do you have a favorite area of practice among them?
Navigating diverse legal realms such as environmental activism, corporate laws, and intellectual property requires a thoughtful approach to finding harmony and balance. One of the key strategies is to identify overreaching principles and interdisciplinary connections that exist among these areas.
Environmental activism often intersects with corporate laws, especially in areas such as sustainability, compliance, and corporate social responsibility. Intellectual property, on the other hand, plays a crucial role in safeguarding innovations related to environmental technologies. Recognizing these interconnected threads allows for a more holistic understanding of the legal landscape. The intersection of IPR and environmental concerns has become increasingly crucial, particularly as technological innovations play a significant role in addressing environmental challenges, and that was primarily the issue addressed in my Ph.D. thesis.
To maintain balance, I prioritize staying informed about the latest developments in each area through continuous learning and networking. It’s essential to understand the broader context in which legal issues arise and how they may impact multiple sectors simultaneously.
As for having a favorite area of practice, each realm brings its unique challenges and opportunities. Environmental activism allows me to contribute to a cause I am passionate about, corporate laws provide a strategic and business-oriented perspective, while intellectual property allows for creative problem-solving. The diversity keeps my work dynamic and intellectually stimulating. While I may not have a singular favorite, I appreciate the synergy that arises from integrating insights from these different legal spheres, fostering a well-rounded and comprehensive approach to my practice.
Apart from your legal practice, you’re actively involved in publications covering topics from biosafety to landlord-tenant disputes. What drives your interest in legal writing, and how do you choose the topics you want to explore and share with the legal community?
Engaging in legal writing beyond my legal practice is a passion rooted in a desire to contribute to the legal community and share insights on a diverse range of topics. Several factors drive my interest in legal writing.
Firstly, legal writing provides a platform to contribute to the ongoing discourse within the legal profession. It allows me to share my perspectives, research findings, and practical experiences with a broader audience, fostering a sense of community and knowledge exchange.
The choice of topics stems from a combination of current legal trends, emerging issues, and areas where I believe I can offer meaningful insights. Whether it’s biosafety, landlord-tenant disputes, or any other legal subject, I aim to select topics that are relevant, timely, and have the potential to impact practitioners, scholars, and the general public.
Furthermore, my interest in diverse topics reflects a commitment to staying well-rounded and informed across various legal domains. It allows me to continuously expand my knowledge base and adapt to the evolving landscape of the legal profession.
Ultimately, the driving force behind my legal writing is a genuine passion for the law and a commitment to contributing positively to the legal community.
You’re known for handling PILs addressing air pollution in Uttar Pradesh and the disposal of used cooking oil. How does it feel to make a legal impact on issues that affect people’s daily lives, and what kind of challenges do you encounter in such cases?
Handling Public Interest Litigations (PILs) majorly concerning public health has been a deeply fulfilling yet challenging aspect of my legal career. Making a tangible impact on issues that significantly influence people’s daily lives carries a profound sense of responsibility and purpose.
The satisfaction derived from contributing to environmental and public health improvements is immeasurable. Knowing that legal actions have the potential to enhance air quality in communities or establish proper mechanisms for the disposal of used cooking oil creates a direct link between legal advocacy and the well-being of individuals.
However, these endeavors are not without their complexities. Environmental litigation often involves navigating intricate regulatory frameworks, scientific intricacies, and sometimes resistance from industries or entities with vested interests. Crafting legal arguments that effectively convey the gravity of environmental issues to judges and stakeholders requires a meticulous understanding of both legal principles and scientific evidence.
The prolonged nature of legal processes in PILs demands unwavering persistence and dedication. Challenges may arise not only within the courtroom but also in coordinating with diverse stakeholders, including government agencies, environmental experts, and impacted communities. Striking a balance between these various interests and ensuring that legal actions align with the broader public interest adds layers of complexity to the work.
In conclusion, while PILs addressing environmental concerns pose challenges, the opportunity to contribute meaningfully to societal well-being through legal advocacy is unparalleled. The convergence of legal expertise, scientific knowledge, and a commitment to positive change makes this aspect of legal practice exceptionally rewarding. It underscores the transformative potential of the law in addressing pressing issues that impact the lives of individuals and communities.
Your educational journey includes a Ph.D. on ‘Intellectual Property Regime and Protection of Biodiversity.’ How has this academic pursuit influenced your approach to legal practice, and have there been instances where your academic insights shaped your strategy in a case?
Certainly, my Ph.D. journey on ‘Intellectual Property Regime and Protection of Biodiversity’ has significantly influenced my approach to legal practice and has proven instrumental in shaping strategies in various cases.
Acquiring in-depth knowledge in this specific area has provided me with a nuanced understanding of the intersection between intellectual property laws and biodiversity protection. This academic background has enhanced my ability to identify novel legal arguments, foresee potential challenges, and craft more comprehensive and strategic approaches when dealing with cases that involve issues related to biodiversity and intellectual property.
In addition to your professional achievements, we’d love to know more about your personal interests. Do you have any hobbies or activities outside of the legal world that you find helps you unwind and recharge?
Absolutely! Beyond my professional achievements, my life is enriched by three passions that bring me immense joy and fulfillment – cooking, gardening and travelling.
Cooking is a delightful journey into the world of flavours and culinary traditions. The art of preparing authentic Italian dishes allows me to experiment with fresh ingredients, herbs, and spices, creating dishes that are not just meals but experiences. It’s a culinary adventure and feeding people that I find both therapeutic and rewarding.
Gardening is another cherished aspect of my life. Tending to plants, cultivating green spaces, and witnessing the growth of a garden provide a serene escape. The hands-on connection with the soil, the vibrant colors of blooming flowers, and the satisfaction of nurturing life contribute to a sense of tranquility and balance in my everyday life.
Travel is my constant companion in the pursuit of new experiences and perspectives. Whether it’s strolling through historic streets, savouring local delicacies, or taking in breathtaking natural scenery, each journey adds a unique chapter to my life’s story.
One of your recent achievements is clearing the prestigious Advocate on Record examination in your first attempt. Can you tell us how difficult was it for you to prepare for the exam alongside managing your own practice?
I appreciate the acknowledgement. Clearing the Advocate on Record examination in my first attempt was indeed a significant achievement and a demanding endeavor. I think it was in the year 2009, when I entered the CJI’s court as an intern and upon witnessing the compelling arguments presented by several senior lawyers at that time, I was profoundly impressed, leading me to make a firm resolution that I would one day be appearing in the Supreme Court.
No doubt preparing for such a prestigious examination while managing my own legal practice posed its set of challenges. The examination’s rigorous nature not only requires an in-depth understanding of procedural laws but also a mastery of court practices and drafting. Balancing this intensive preparation alongside the responsibilities of managing a legal practice demanded meticulous time management and a disciplined approach.
Late nights and early mornings were often dedicated to focused study sessions, ensuring that I stayed abreast of the extensive syllabus. Integrating practical insights from my own legal practice into the theoretical framework of the examination added an extra layer of complexity but also enriched my understanding of the subjects.
While the journey was undoubtedly demanding, the commitment to professional growth and the pursuit of excellence fueled my determination. The experience not only deepened my legal knowledge but also enhanced my organizational and multitasking skills. Overall, the challenges were significant, but the sense of accomplishment upon successfully clearing the examination made the effort worthwhile.
Looking ahead, what’s one aspect of the legal profession you would like to see change or improve, and what role do you envision yourself playing in that transformation?
The maxim “justice delayed is justice denied” encapsulates a critical issue within the Indian legal system that demands meticulous attention and reform. A fundamental transformation is required to establish a mechanism ensuring the prompt and efficient disposal of cases.
One of the pivotal improvements I envision is a comprehensive reform initiative aimed at expediting the legal process. This entails addressing systemic issues contributing to delays, such as case backlog and procedural inefficiencies. Implementing technological solutions for better case management, e-filing, and facilitating virtual hearings can significantly contribute to expediting legal proceedings.
Furthermore, fostering a culture of judicial accountability and introducing performance metrics could incentivize timely case resolutions. Streamlining procedural complexities and promoting alternative dispute resolution mechanisms, such as mediation and arbitration, can offer efficient alternatives to protracted litigation.
In this transformation, I see myself playing a role as an advocate for judicial reforms. This involves actively participating in dialogues on legal reform, engaging with relevant stakeholders, and supporting initiatives that prioritize the timely dispensation of justice. Through these efforts, I aim to contribute to a legal system where justice is not just a theoretical concept but a tangible reality, accessible to all in a timely manner.
Palash, your journey from assisting your father at the District Court to becoming an Advocate on Record at the Supreme Court is remarkable. What sparked your interest in law despite not initially considering it as a career option?
I think people can be either destined for something or they can find the determination to get it. The advantages and pitfalls are many and, and yet it can work either way as long as we understand what we must do. I chose to study law and become a lawyer and I had some idea about what to expect. My father is a lawyer too, and he was my first mentor. After I finished high school, I started assisting my father in matters before District Courts. But when it came to choosing a career, neither of my parents persuaded me to study law. In fact, once I got enrolled into the law school, my father told me that he will not have me as a junior and that I had to find my own way. I know his intention was to ensure that I don’t get comfortable with the thought that I can just go back and join him. Sometimes you do better when things are not already decided for you. So, despite law being in my destiny, I chose it and I enjoy it everyday.
As one explores further and learns more aspects of law practice, the excitement and zeal to learn only grows. But with this excitement, it is also important to remember that our work affects other people. So I try to be punctual at work and make sure to be present in courts whenever a matter is listed. I try to be diligent in preparing my case briefs and be ready to make submissions. For me there was no plan B and so I make sure that I am prepared for the challenges that litigation brings and I stay determined.
You’ve had the opportunity to work on diverse cases, from representing a leading Infrastructure Company in arbitral proceedings to handling matters related to oppression and mismanagement. Is there a specific type of case or legal challenge that you find particularly stimulating or rewarding?
As a lawyer you have to be always ready for a variety of briefs. A new challenge comes with every new case. According to me, the best way to start preparing for a matter is to first read and understand all the relevant provisions of law, the statutory mechanisms, the procedures and the legislative intent of that law. From this, it becomes easier to proceed in the matter. The next step would be to marshal the facts. This enables us to be the master of the brief. If there is a chink in the armor, then we must know it. Unless we have complete control over the facts, there will always be some room for doubt. The best part about law is that it keeps evolving, so we can always read more and improve the arguments. However, the facts remain constant. Knowing all the relevant facts beforehand is not only crucial for the initial stages of a legal dispute, but also for appeals and petitions against a bad order.
It goes without saying that every new case is rewarding as it brings new challenges and the opportunity to overcome them. It also brings the opportunity to learn and to be more informed, articulate, and proficient. If you deal in diverse matters, you can draw a corollary from other laws and apply them to the case in hand to compare where the relevant law does not cover a certain aspect. If you know more, you can create a more convincing argument.
You’ve been involved in a diverse range of legal matters, from commercial litigation to arbitration. When you’re not deep in legal intricacies, what’s something about Palash that people might be surprised to learn?
As lawyers, we are required to constantly juggle between courts, conferences, office, and whatnot. Since the time is always limited, we must utilize it properly and wisely. I have been fortunate to work in the organizations where I was given the liberty to set my own deadlines and prioritize my tasks accordingly. This also gives me a chance to keep up with my interests and hobbies. On most weekends, I play cricket or badminton with friends or we just end up spending some quality time with great conversations and movies etc. Being away from the family, this is a great way to feel comfortable in midst of all the stress. During the court vacations, I plan my travels and to try to get away from all this hustle bustle and to just explore places and food! I also never miss the annual “Jashn-e-Rekhta” in Delhi. Something which is surprising about me needs to be asked from my friends and colleagues because I spent most of my time around them so I think they are in a better position to point out something which is not very common about me.
Being deeply committed to your work, you mentioned missing the football world cup final for your exams. How do you balance your passion for sports, particularly football, with the demands of a legal career?
As I said, lawyers need to juggle between things and it is not as easy for everyone to find a good work life balance. I have seen my friends working till midnight or after that as well, working on weekends, holidays, festivals and on many other occasions. But I think we can all learn how to manage our time and work. Our profession demands utmost dedication, however, post Covid-19 era, I have realized that deadlines can be pushed when it comes to the health and well-being of a person. I never compromise on my health, but I also never make it a reason for deliberately delaying any important work. There is a difference between needing some personal time and merely making excuses, and I learnt that as soon as I stepped into this profession.
Staying involved in sports activities also helps. For me, sports, even if you just watch it, is the best way to release all the work pressure and helps in rejuvenating. I am a football geek. I had planned to watch the UEFA Champions League Final in Istanbul in May 2020 but then Covid-19 happened and it ruined all my plans. Then again, I had planned to attend the Football World Cup Final in Qatar, 2022. This time again my AoR exam was on the horizon and that was of course the priority. The exam was scheduled on the very next day of the Finals between Argentina and France. It was a legendary match and since I had decided not to watch it at all, my phone was flooded with calls and texts from all my friends and colleagues who begged me to just watch the game for some time. I didn’t and I don’t regret that decision as I cleared the exam and became an AoR which is a bigger achievement for me.
Despite all these, I keep a slot blocked either on Saturday or Sunday first half for the sports be it football, badminton or cricket. I think this much I deserve after working sincerely for the entire week.
It’s admirable that you take on pro bono matters for those who face financial constraints in seeking justice. Can you share a rewarding experience from one of these cases that left a lasting impact on you?
One of my seniors during my initial days in the profession told me very frankly that I should start my career by focusing on briefs rather than money. That the money will chase you if you justify the work. I kept his words in mind as I started taking up my own briefs and made sure to never focus on fees or ask for it before understanding the matter as well as the client. Someone once referred my name to a daily wage earner from a small village in Uttar Pradesh and told him that I won’t charge too much for his case. When I met that person, he told me how he had lost his child due to electrocution and the police had filed a closure report in the matter. He was desperate to be heard and so he offered some money in advance hoping to persuade me to take up the matter. I told him that I will take it once the matter progresses. In the end, we succeeded before the court and the person came back for my fees. I politely declined and told him to use it for his betterment. To this day, that person has referred numerous other briefs from his locality, and I think in a way, the advice from my Senior has really paid off. Also taking up a pro bono matter makes us understand the ground reality of the justice system in our Country. Not everyone can afford to engage big law firms and big counsels for their matters and the cases, despite being genuine, suffer due to the complex legal system and lack of resources. Every once in a while, if we can give them some representation and put our equal efforts for their best interest, we will understand why this is a noble profession. At the end of the day, everyone is entitled for just and fair legal assistance and as a lawyer I feel it is my duty to perform my part by doing whatever it takes and to the best of my abilities.
In addition to your legal pursuits, you’ve been associated with different law firms and chambers. How do you define the role played by the chamber/firm/offices in shaping your career?
I have worked with different organizations wherein I have worked for various clients. In this profession, working in a law chamber is very different from the firms. All these organizations have their own practice, procedure, work culture etc. which helps us to realize what is a best suited environment for us. This has played a very crucial role in my career as it helped me to decide how I want to proceed in the profession. Unfortunately, I have not worked with a Tier 1 firm but the boutique firms and law chambers have given me my career objective. My inclination was always towards the law chambers as they never had any specific or dedicated team for a practice area which helped me to have diverse cases and to be very frank and independent to appear, argue and appeal (in case anything goes wrong). I am grateful to the chambers where I have worked because there only, I realized my potential, my zeal and enthusiasm towards this profession. By no means I am trying to dishonor the working environment of the firms but I am just explaining how I have realized what is going to be the best recourse for my future.
As someone who has cleared the Advocate on Record examination on the first attempt, what advice would you give to law students or aspiring lawyers who are navigating their early years in the legal profession?
I always feel that I have always benefited from the advice and guidance of my Seniors in this profession. One has to grasp the good qualities from their Seniors which had benefited them in the profession. I still remember that during the initial days in the profession my Senior told me that I have to be thorough with the brief even if I have to take an adjournment in the matter. This helped me a lot as whenever I entered any court, I used to have my brief and a brief note on the matter so as and when if the judge is asking about the matter or even a date of event, I am in a position to answer the same without any hesitation and it will give an impression that the adjournment has not been sought just to delay the matter. Another piece of advice I received from my Senior was not to waste time while waiting for your matter in court. I was told to observe and hear the arguments in the court and see how different lawyers come up with their own strategy for making submissions and bringing fresh judgments which I might find useful in near future. This was immensely helpful during the preparations for the AoR exam as well. While I was preparing, I was hard pressed for time due to the ongoing matters, drafting etc. so I decided while waiting for my matter in court I will start making notes of the submissions of the lawyers to speed up my writing skills. In the end I feel that it worked to my advantage.
Can you share the story of how you chose to pursue a career in law and specifically how you ended up becoming an Advocate on Record at the Supreme Court of India?
I was always fascinated with law and the working of courts. My father being a member of Rajasthan Higher Judicial Services also naturally fuelled my inclination towards law. However, as it is with most people, it was not my first choice. I was preparing for engineering entrances and even scored well in some of them. But when I got through in CLAT, I wholeheartedly chose to join National Law University, Patiala, Punjab where I spent the most important five years of my life.
During my third year, I was fortunate to intern with Ms. Shobha, a distinguished Advocate on Record at the Supreme Court. This particular internship completely changed my perspective and helped me develop a keen interest in the practice of law, especially, at the Supreme Court. By the time I finished college I couldn’t wait to get my bar license and come to Delhi.
I immediately joined the offices of Ms. Aishwarya Bhati in 2014. I was fortunate enough to get invaluable opportunities to work on important legal matters, appear with and assist Seniors in the Supreme Court. Subsequently, I transitioned to the Delhi High Court where I learnt the ropes of original side work under the mentorship of Ms. Mrinalini Sen. The comprehensive exposure to various judicial fora, including district courts and tribunals, during my juniorship, significantly enriched my professional acumen.
With the blessings of my mentors and a couple of briefs in my repertoire, I went into independent practice in 2017 and set up my own office. As soon I became eligible to write the AOR examination, I diligently started preparing for it. However, on account of Covid-19 pandemic, AOR exams were rescheduled twice and came to be scheduled in December. It was extremely challenging to prepare and sit for the exams while also maintaining a running practice. However, all the hard work paid off and I was able to fulfil the dream I had since my third year of college.
With over nine years of experience in handling multifarious litigation, could you highlight a pivotal moment or case that significantly shaped your career as an advocate?
I was fortunate to receive a number of opportunities wherein my seniors and mentors gave me a lot of freedom to independently draft, file and argue matters. The trust reposed by my mentors helped me develop the confidence to venture out on my own. I started taking on independent briefs from the beginning of my practice and achieved several wins, but one matter which will be close to my heart was a pro bono matrimonial matter for maintenance under Section 125CrPC. My client had been suffering from cancer but was extremely diligent in providing inputs and following up with her case. It was one of the first matters I did as an independent counsel where I conducted the entire trial by myself and eventually was able to get maintenance not only for her but even her major but dependent son.
Recently I was able to secure notice in a pension matter of a retired government officer from the Supreme Court. Another pivotal moment has been very recent wherein I was able to secure quashing of criminal proceedings as well as divorce under Article 142 from the Supreme Court for my client.
Your practice spans across various forums, including the High Court of Delhi and the Supreme Court of India. How do you navigate the unique challenges posed by different legal environments and what strategies do you employ to ensure success across these diverse platforms?
Throughout my extensive legal practice across various courts in Delhi, I’ve come to realize that while the fundamental values of the judicial system and an Advocate’s preparation remain constant, the strategies employed must adapt to the distinct practices and procedures of each court. For instance, when dealing with the Supreme Court in a Special Leave Petition under Article 136, the focus lies in crafting a precise synopsis that highlights relevant legal points due to the limited scope. Miscellaneous days demand a quick-witted approach, as benches pose pointed questions, necessitating a thorough understanding of the case. Conversely, in Writ Petitions, where more time is allotted for arguments, a different presentation strategy is required. In trial courts, adherence to statutory timelines, rules of evidence, cross-examination, and knowing the procedural law thoroughly is imperative. My diverse experience has enabled me to tailor strategies on a case-by-case basis, involving clients in the decision-making process. Recognizing the importance of client inputs, particularly in matters of equity, underscores the necessity for effective communication. Staying updated with relevant cases, understanding the court dynamics, and maintaining a positive mindset are integral to my approach.
Given your specialization in Commercial Litigation, Debt Recovery, and Litigation Management, can you elaborate on your approach to handling complex cases involving corporates and companies, especially with a focus on debt recovery?
In handling complex cases involving corporates and companies, particularly with a focus on debt recovery, my approach centres on meticulous case analysis, client consultations to align legal strategies with business objectives and strategic planning tailored to each case’s unique aspects. I prioritize alternative dispute resolution (ADR) mechanisms to expedite resolutions and maintain effective client communication. Staying abreast of industry regulations and providing timely and relevant inputs to devise precise legal strategy is also key. Ultimately, my goal is to secure favourable outcomes for clients while upholding the highest standards of professionalism.
You mentioned taking up pro-bono cases and providing legal consultation to those in need. How do you balance your commercial practice with pro-bono work, and what drives your commitment to providing legal assistance to those who may not afford it?
Managing the balance involves meticulous time management and a strategic approach to workload allocation. I prioritize pro-bono cases that align with my expertise and can make a significant difference in someone’s life. While commercial cases may demand substantial attention, I allocate dedicated time and resources to pro-bono work, treating it with the same level of professionalism and commitment.
As an aspiring speaker and mentor, you’ve presented at webinars attended by law students and legal professionals. What topics do you find most important to discuss with aspiring lawyers, and what advice do you typically offer to those entering the legal profession?
I implore young professionals who are keen to learn the ropes to first conquer good drafting skills, which is the most important aspect of litigation which sets you apart from the competition. Sadly, university education hardly focuses on practical aspects of drafting. Second most important would be to maintain strong work and legal ethics without which it is difficult to build credibility with clients as well as mentors. Third would be to remain reasonably updated about the working of practice and procedure of different courts which builds confidence and independent thinking; and lastly to make lots of friends, develop strong relationships and have fun while you are at it.
Expanding your practice to the Rajasthan High Court at Jaipur indicates a dynamic multi-state approach. Could you share the challenges and opportunities you anticipate in creating and sustaining a multi-state practice?
I have had the opportunity to appear before the courts at Rajasthan and collaborate with like-minded advocates which inspired me to expand my practice across jurisdictions. While there are inherent challenges, including adapting to divergent legal procedures, different client needs and logistical challenges, however, this expansion also brings forth significant opportunities for growth and networking. During the past years I have developed strong professional relationships which will help me overcome these challenges significantly. Additionally, key to growing any practice is meticulous planning and organizational efficiency. I am sure it would be an amazing opportunity for personal and professional advancement.
Lastly, drawing on your extensive experience, what advice would you give to fresh law graduates aspiring to build successful careers in law, especially considering the evolving landscape of legal practice in India?
Every person who enters practice understands litigation differently based on their personal experiences, ambitions and capabilities. Strong work ethic and continuous learning are the basics, while, the more you work on upgrading your knowledge and skill, the more it will help you flourish.
However, it is indeed a very tough profession, a very long and arduous journey. I learnt really late that one should prioritize their mental and physical health to be able to survive and thrive in this profession. Fresh law graduates should learn to manage stress in positive ways and must aim for personal growth besides just professional growth.
As far as the ever evolving legal landscape is concerned, young professionals have wonderful knowledge management resources in the form of legal news portals and online workshops. Moreover, virtual courts, live streaming of constitution bench matters and open access to supreme court judgments are some of the recent welcome steps which can ensure easy access to learning. Fresh law graduates should not feel overwhelmed by the constant information overload by making reading and writing on legal issues a part of their daily or weekly schedule.
Dr. Shrikant Hathi, it’s an honor to have you for this interview. Could you share some insights into your remarkable journey from being admitted to the Bar Council of Maharashtra & Goa to your current role as the Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors, and the recognition you’ve received from prestigious legal entities?
Certainly, it’s my pleasure to share insights into my legal journey. My legal odyssey began with my admission to the Bar Council of Maharashtra & Goa as an Advocate in India then completing my master’s in law and my doctorate. This was followed by acquiring the qualification of Solicitor from India through the Bombay Incorporated Law Society. Subsequently, I expanded my horizons by successfully completing the solicitor’s examination through the Oxford Institute of Legal Practice (OXILP) (Oxford University and Oxford Brookes University), enabling me to be enrolled with the Solicitors Regulation Authority (SRA), United Kingdom, as a practicing solicitor. This dual qualification, coupled with my admission as an Advocate on Record with the Supreme Court of India, has provided me with a unique perspective on legal matters across India and the United Kingdom. Mr. Charles J E Grundy played a pivotal role in shaping my career as a shipping professional. As the Managing Partner at Little & Co, Solicitors, he served as my mentor, imparting invaluable knowledge and expertise. I owe a significant part of my understanding of shipping to his guidance and leadership during that time.
My journey to becoming the Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors, has been shaped by a blend of unwavering dedication, continuous learning, and a passion for legal excellence. Over the years, I have honed my expertise in shipping, projects, and dispute resolution, particularly in ship arrest matters. This expertise has been recognized by esteemed legal entities, including Legal 500, which has consistently ranked me as a Leading Individual for shipping work in India since 2005. I am also part of the Legal 500 Hall of Fame for my contributions to shipping law
Throughout my career, I have strived to provide exceptional legal counsel to my clients, consistently exceeding their expectations. My commitment to integrity, professionalism, and client-centricity has been instrumental in building my reputation as a respected legal practitioner.
Here are some key highlights of my journey:
Admitted to the Bar Council of Maharashtra & Goa as an Advocate in India
Acquired the qualification of Solicitor from India through the Bombay Incorporated Law Society
Successfully completed the solicitor’s examination through the Oxford Institute of Legal Practice (OXILP) (Oxford University and Oxford Brookes University)
Enrolled with the Solicitors Regulation Authority (SRA), United Kingdom, as a practising solicitor
Admitted as an Advocate on Record with the Supreme Court of India
Managing and Practicing Partner at Brus Chambers, Advocates & Solicitors
Consistently ranked as a Leading Individual for shipping work in India by Legal 500 since 2005
Inducted into the Legal 500 Hall of Fame for contributions to shipping law
I am grateful for the opportunities and recognition I have received throughout my career. My journey continues, and I remain committed to providing the highest quality legal services to my clients while also contributing to the advancement of the legal profession.
Your expertise spans shipping, commercial arbitration, infrastructure projects, and more. How has your dual qualification and experience as an Advocate in India and a practising solicitor in England and Wales shaped your approach to handling diverse legal matters?
My dual qualification and experience as an Advocate and solicitor in India and a practising solicitor in England and Wales have been instrumental in shaping my approach to handling diverse legal matters. This unique blend of legal expertise has provided me with a comprehensive understanding of both Indian and English legal systems, enabling me to navigate the complexities of cross-border transactions and disputes effectively.
Broader Legal Perspective:
Dual qualification has equipped me with a broader legal perspective, allowing me to identify potential legal issues early on and advise clients on the most strategic approach to minimize risks and maximize their interests. This in-depth understanding of both Indian and English legal systems allows me to provide seamless legal advice to clients operating in a globalized marketplace.
In-depth Knowledge of Multiple Legal Areas:
My expertise in shipping, commercial arbitration, and infrastructure projects stems from my diverse legal practice in both India and England. This specialized legal knowledge enables me to provide tailored advice to clients operating in these sectors, ensuring that their specific legal needs are met effectively.
Cultural Sensitivity and Global Understanding:
Dual qualification and experience have instilled in me a deep appreciation for cultural sensitivities and global perspectives. This understanding is crucial when handling cross-border legal matters, as it allows me to build trust with clients from different backgrounds and communicate effectively with international legal teams.
Ability to Adapt to Different Legal Systems:
My experience in both Indian and English legal systems has honed my ability to adapt to different legal frameworks and procedures. This adaptability is essential for handling cross-border transactions and disputes, where legal requirements and practices can vary significantly.
Network of Contacts and Relationships:
Dual qualification has enabled me to build a strong network of contacts and relationships with lawyers, arbitrators, and industry experts in both India and England. This network provides me with valuable insights into the legal landscape and facilitates collaboration on cross-border matters.
In essence, my dual qualifications and experience have provided me with a unique toolkit to handle diverse legal matters effectively. I am able to navigate complex legal landscapes, provide specialized advice, and build strong relationships with clients and legal professionals across borders. This combination of expertise and global perspective allows me to deliver exceptional legal services to clients operating in an interconnected world.
Your career spans across India and the United Kingdom, with impressive credentials in both jurisdictions. How do you balance the legal landscapes of these two countries, and what unique perspectives do you bring to your role as Managing & Practicing Partner at Brus Chambers?
Balancing the legal landscapes of India and the UK:
Having practiced law in both India and the UK has enriched my professional journey and equipped me with a unique perspective. Balancing the legal landscapes of these two diverse countries requires an adaptable and nuanced approach. Here’s how I navigate this:
1. Maintaining a deep understanding of both legal systems:
I continuously update my knowledge of legal developments in both jurisdictions through ongoing research, engagement with legal professionals, and participation in relevant conferences and seminars.
I actively cultivate relationships with legal experts in both countries to access local insights and ensure my advice is tailored to the specific legal landscape.
2. Identifying common grounds and leveraging comparative law:
While the legal systems of India and the UK differ significantly, there are often common threads and underlying principles. I strive to identify these commonalities to devise legal strategies applicable across both jurisdictions.
My familiarity with both legal systems allows me to leverage comparative law, drawing on relevant precedents and legal principles from one jurisdiction to inform my approach in the other.
3. Building cross-cultural understanding and communication:
Effective legal representation necessitates understanding not only the legal system but also the cultural nuances of each country. I actively engage with both Indian and UK legal communities to stay attuned to cultural differences and ensure culturally sensitive communication with clients and colleagues.
My ability to navigate both cultures facilitates seamless collaboration with teams and clients across both jurisdictions, fostering trust and effective communication.
Unique perspectives brought to Brus Chambers:
This combined legal expertise allows me to offer clients a unique set of advantages:
1. Strategic guidance across jurisdictions:
I can advise clients on legal matters spanning multiple countries, providing a holistic and integrated perspective.
I can identify potential legal challenges and opportunities across different legal systems, enabling proactive risk management and strategic decision-making.
2. Cross-cultural expertise:
My understanding of both Indian and UK cultures allows me to build strong relationships with clients and stakeholders from diverse backgrounds.
I can effectively navigate cultural differences in communication and collaboration, ensuring a smooth and successful legal process.
3. Global legal network:
My experience and connections in both countries have allowed me to develop a strong network of legal professionals across the globe.
This network enables me to access resources, expertise, and support beyond the boundaries of India and the UK, further enhancing the value I can provide to clients.
In summary, my experience in both India and the UK has equipped me with a unique blend of legal expertise and cultural understanding. This allows me to navigate the complexities of international legal matters and provide clients with strategic guidance, effective representation, and a global perspective, all hallmarks of my role as Managing & Practicing Partner at Brus Chambers.
You are a co-author of the book ‘Ship Arrest in India and Admiralty Laws of India.’ What motivated you to contribute to the literature, and how do you believe such resources benefit both legal professionals and the broader community?
My motivation stemmed from two key factors:
1. Filling a critical knowledge gap: Admiralty law, particularly as it applies to ship arrests in India, is a complex and evolving field. Existing resources were limited and often scattered, making it difficult for legal professionals and academics to access comprehensive and up-to-date information. I saw a need for a comprehensive and authoritative work that would distil the complexities of the law and provide clear guidance on the practical aspects of ship arrest procedures.
2. Promoting informed practice: The consequences of ship arrests can be significant, impacting both maritime businesses and the broader economy. By contributing to this book, I aimed to empower legal professionals with the knowledge and tools they need to handle ship arrest cases effectively and responsibly. This, in turn, would contribute to a more efficient and predictable legal framework for the maritime industry.
How do you believe resources like “Ship Arrest in India and Admiralty Laws of India” benefit both legal professionals and the broader community?
I believe this book offers several key benefits for both legal professionals and the broader community:
For legal professionals:
Comprehensive and authoritative reference: The book provides a detailed analysis of the relevant legal framework, including the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and applicable international conventions.
Practical guidance: The book offers practical guidance on various aspects of ship arrest procedures, including drafting applications, handling objections, and navigating court processes.
Case studies and precedents: The book includes real-world case studies and precedents, providing valuable insights into how the law is applied in practice.
For the broader community:
Improved understanding of maritime law: The book helps to demystify the complex legal framework surrounding ship arrests, increasing transparency and accountability within the maritime sector.
Enhanced predictability and efficiency: By providing clear guidance on legal procedures, the book can contribute to a more predictable and efficient legal environment for maritime businesses, facilitating smoother operations and reducing costs
Promoting fairness and justice: By ensuring that legal procedures are followed correctly, the book helps to uphold fairness and justice within the maritime industry, protecting the rights of all stakeholders.
Overall, I believe that “Ship Arrest in India and Admiralty Laws of India” is a valuable resource that can play a significant role in strengthening the legal framework for the maritime industry in India and beyond. I am proud to have contributed to this important work and hope that it will continue to benefit legal professionals and the broader community for years to come.
My book Shop Arrest in India is available on the internet you can download the book at free of cost. Very soon my book will be integrated with artificial intelligence and will continue to remain free for all.
Your career includes significant recognition, such as being listed in the Legal 500 “Hall of Fame” and as a “Leading Individual” since 2004. How do you handle the pressure and expectations that come with such acclaim, and what motivates you to maintain this level of excellence?
While I am deeply honored to be recognized in the Legal 500 “Hall of Fame” and as a “Leading Individual” since 2004, I don’t see these accolades as pressure or expectations, but rather as affirmations of the dedication and commitment I bring to my work. Instead of feeling burdened, I find these recognitions to be motivational forces, driving me to continuously strive for excellence and exceed my own expectations.
Here are some key strategies I employ to handle pressure and stay motivated:
1. Refocusing on My Core Values:
I ground myself in my core values of integrity, excellence, and client service. These values guide my decisions and actions, and remind me of the purpose and passion that drive my work. By staying true to these values, I feel confident and motivated, even under pressure.
2. Embracing Continuous Learning:
I believe that there is always room for growth and improvement. I actively seek out opportunities to learn new things, expand my knowledge base, and refine my skills. This ongoing learning process keeps me engaged, motivated, and confident in my ability to tackle new challenges.
3. Setting Realistic Goals:
I set specific, measurable, achievable, relevant, and time-bound (SMART) goals for myself. These goals are ambitious but attainable, and they provide me with a clear direction and sense of purpose. Achieving these goals fuels my motivation and reinforces my belief in my abilities.
4. Maintaining a Positive Mindset:
I cultivate a positive and optimistic outlook. I focus on the progress I’ve made and the opportunities that lie ahead. This positive mindset helps me bounce back from setbacks and stay motivated in the face of challenges.
5. Prioritizing Well-being:
I recognize the importance of maintaining a healthy work-life balance. I make time for activities that I enjoy, such as spending time with family and friends, exercising, and pursuing hobbies. This allows me to recharge and return to my work feeling refreshed and motivated.
6. Utilizing a Supportive Network:
I surround myself with positive and supportive individuals, including mentors, colleagues, and family members. These individuals provide me with invaluable feedback, encouragement, and support, which helps me stay motivated and on track.
Finally, my greatest motivation comes from the satisfaction of helping my clients achieve their goals. Knowing that I have made a positive impact on their lives is truly rewarding and fuels my passion to continue exceeding expectations
In conclusion, I don’t view recognition as pressure, but rather as motivation to keep pushing myself and reach even greater heights. By embracing continuous learning, setting SMART goals, maintaining a positive mindset, prioritizing well-being, and relying on a supportive network, I am able to sustain a high level of performance and continue to deliver exceptional results for my clients.
You’ve been involved in various professional associations and committees. How does your role as the President of Shippinglawyers.NET contribute to your broader vision for the maritime legal community, and what initiatives are you passionate about in this regard?
I’m passionate about the maritime legal community and firmly believe in the power of collaboration and collective action to advance the field. My involvement in various professional associations and committees, culminating in my current role as President of Shippinglawyers.NET, allows me to contribute to this vision in several ways:
1. Fostering a Global Network: Shippinglawyers.NET is a unique platform that connects maritime legal professionals worldwide. As President, I strive to strengthen this network by:
Organizing virtual and in-person conferences and events that facilitate knowledge exchange and collaboration across diverse legal systems and jurisdictions.
Developing online resources and tools that support the professional development of maritime lawyers, particularly young practitioners.
Promoting best practices and ethical standards within the industry.
2. Advocating for Industry Interests: Shippinglawyers.NET plays a vital role in advocating for the interests of the maritime legal community. We actively engage with international regulatory bodies and government agencies to:
Promote sound maritime legislation and policies that balance economic interests with environmental protection and safety at sea.
Defend the rights and interests of maritime stakeholders in legal disputes and policy discussions.
Contribute to the development of a more efficient and sustainable maritime industry.
3. Shaping the Future of the Profession: The maritime legal landscape is constantly evolving due to technological advancements and emerging challenges. As President of Shippinglawyers.NET, I am committed to:
Preparing the next generation of maritime lawyers for the challenges and opportunities of the future.
Promoting innovation and technology adoption within the legal profession.
Ensuring that the maritime legal community remains agile and adaptable in the face of change.
Initiatives I’m Passionate About:
Several initiatives are particularly close to my heart:
Bridging the knowledge gap between developed and developing nations: I believe it’s crucial to ensure that maritime lawyers worldwide have access to the latest knowledge and resources, regardless of their location.
Promoting diversity and inclusion in the maritime legal profession: A diverse legal community is essential for fostering creativity, innovation, and effective solutions.
Advocating for sustainable practices in the maritime industry: We must ensure that the maritime industry operates in an environmentally responsible manner.
By focusing on these initiatives and leveraging the power of the Shippinglawyers.NET network, I believe we can build a stronger, more vibrant, and future-proof maritime legal community that serves the needs of the industry for generations to come.
Brus Chambers has been consistently recognized as a top-tier law firm for shipping work in India What, in your opinion, sets the firm apart, and how do you ensure excellence in delivering legal services to your clients?
Brus Chambers’ consistent recognition as a top-tier shipping law firm in India is a testament to our unwavering commitment to excellence in legal services. Several key factors underpin our success:
Specialization and Depth of Expertise:
Dedicated Shipping Practice: Unlike many firms with a general practice, Brus Chambers boasts a dedicated team with extensive experience and expertise in the entire spectrum of dry and wet shipping law. This specialization allows us to provide clients with in-depth knowledge and nuanced understanding of the complexities involved in maritime legal matters.
Recognized Leaders: Our team includes Dr. Shrikant Pareshnath Hathi, consistently listed as a “Leading Individual” for shipping work in India by Legal 500 since 2004 since few years am also listed in the Hall of Fame by Legal 500. This recognition reflects the exceptional skills and expertise of our individuals, which translates to superior client service Our firms other partners are also listed as Leading Individual; Rising Star ; Next Generation partner and are in the spotlight for shipping work in India. In this regard I would like a special mention of my wife and partner Ms. Binita Hathi who works alongside with me in shipping matters.
Client-Centric Approach:
Tailored Solutions: We build strong relationships with our clients, taking the time to understand their specific needs and objectives. This allows us to tailor our solutions to their individual circumstances, delivering practical and commercially-driven advice.
Proactive Communication: We believe in clear and proactive communication throughout the process. We keep our clients informed of developments and potential challenges, ensuring they are actively involved in all decision-making.
International Perspective: Recognizing the global nature of shipping, we offer an international perspective, drawing on our network of associates and partners worldwide to provide clients with comprehensive legal support across jurisdictions.
Unmatched Track Record:
Proven Success: Our impressive track record in handling complex shipping disputes and transactions speaks for itself. We have successfully represented a diverse range of clients, including shipowners, charterers, cargo interests, and financial institutions.
Top-Tier Recognition: We are consistently recognized by leading legal directories such as Legal 500; Who’s Who Worldlawyers and Chambers & Partners as a top-tier shipping law firm in India. This independent recognition confirms our expertise and high-quality legal services.
Commitment to Excellence:
Continuous Learning: We are dedicated to providing our team with ongoing training and development opportunities to ensure they remain at the forefront of legal knowledge and best practices in the shipping industry.
Investment in Technology: We leverage technology to optimize our processes and improve efficiency, ultimately leading to a better experience for our clients.
Quality Assurance: We have a rigorous quality control system in place to ensure the accuracy and consistency of our work.
By combining specialization, a client-centric approach, a proven track record, and a commitment to excellence, Brus Chambers has established itself as a leading force in Indian shipping law. We are dedicated to exceeding client expectations and delivering exceptional legal services that contribute to their success.
With a busy and challenging legal career, how do you unwind and find balance? Can you share a bit about your personal hobbies or interests that provide a break from the legal intricacies?
While the legal world can be demanding and complex, maintaining a healthy balance is crucial for well-being and long-term success. In my personal journey, I prioritize several strategies to unwind and find balance:
1. Prioritizing Time for Disconnection:
Setting boundaries: I practice strict boundaries between work and personal time, ensuring I disconnect from emails and calls outside of designated work hours.
Digital detox: Regular digital detoxes, where I completely switch off from technology, allow me to reconnect with myself and my surroundings.
2. Embracing the Power of Movement:
Regular exercise: Physical activities like running or cycling help me release stress, improve focus, and boost energy levels.
Yoga and meditation: Incorporating yoga and meditation into my routine provides a powerful tool for inner peace and stress reduction.
3 Cultivating Creativity and Connection:
Exploring artistic pursuits: I find immense joy in engaging in creative hobbies like painting, writing, or playing music. These activities allow me to express myself and unwind from the analytical demands of law.
Nurturing relationships: Spending quality time with loved ones, friends, and family provides a sense of belonging and support, fostering a healthy work-life balance.
4. Engaging in Activities that Spark Joy:
Learning new skills: Continuously expanding my knowledge base through learning new skills, whether it be a foreign language, or photography, brings me immense joy and keeps my mind active.
Exploring the outdoors: Immersing myself in nature through hiking, camping, or simply enjoying a quiet walk in the park allows me to reconnect with the world around me and find peace.
5. Embracing Mindfulness:
Practicing gratitude: Regularly reflecting on and appreciating the positive aspects of my life helps cultivate a sense of contentment and well-being.
Living in the present moment: Mindfulness practices, like focusing on my breath and being fully present in the moment, help me manage stress and anxiety, allowing me to savor each experience.
By prioritizing these strategies, I’ve discovered that maintaining balance is not only possible but essential for achieving personal and professional fulfillment. While legal work can be demanding, by nurturing my passions and dedicating time to self-care, I ensure that I show up energized and focused, ready to tackle any challenge legal practice throws my way.
For junior lawyers aspiring to excel in the legal field, especially in areas like shipping and commercial arbitration, what new skill sets do you believe are crucial for achieving success in today’s legal landscape?
Emerging Skill Sets for Success in Shipping and Commercial Arbitration
The legal landscape is continuously evolving, driven by technological advancements and a rapidly changing global economy. For young lawyers aspiring to thrive in fields like shipping and commercial arbitration, mastering traditional legal expertise is no longer sufficient. Success demands a broader skill set that equips them to navigate the complexities of these dynamic fields. Here are some crucial new skill sets that junior lawyers should focus on:
1. Technological Proficiency:
Data Analytics: Familiarity with data analysis tools and platforms is crucial for effectively handling the increasing volume and complexity of legal data in shipping and arbitration. This includes extracting insights from contracts, invoices, and other documents to support legal arguments and identify potential risks.
Legal Technology: Understanding and leveraging legal technology, such as contract management software, artificial intelligence-powered legal research platforms, and e-discovery tools, can significantly enhance efficiency and accuracy in legal work.
Cybersecurity: As legal proceedings increasingly move online, understanding cybersecurity principles and best practices for protecting sensitive client information is essential.
Artificial intelligence: Artificial intelligence is the next hop and is growing at a very high speed, this cannot be ignored. AI assist in improving our quality.
2. Communication and Collaboration Skills:
Effective Communication: The ability to clearly and concisely communicate legal concepts and strategies to diverse audiences, both verbally and in writing, is paramount for success in arbitration and complex legal matters.
Cross-cultural Communication: Understanding and navigating cultural differences is crucial for working effectively with clients and colleagues from diverse backgrounds in international shipping and commercial arbitration.
Collaboration: Building strong relationships and collaborating effectively with colleagues, clients, and experts from other disciplines is vital for achieving successful outcomes in complex legal matters.
3. Business Acumen:
Commercial Awareness: Understanding the commercial realities of the shipping industry and the broader business environment is crucial for providing clients with commercially sound legal advice.
Negotiation and Dispute Resolution: Mastering the art of negotiation and developing strong dispute-resolution skills are essential for resolving complex legal issues efficiently and effectively.
Project Management: The ability to effectively manage legal projects, meet deadlines, and stay organized is critical for handling complex legal matters with multiple stakeholders.
4. Adaptability and Continuous Learning:
Adaptability: The legal landscape is constantly changing, and lawyers must be adaptable and willing to learn new skills and technologies to stay relevant and competitive.
Critical Thinking and Problem-Solving: Developing strong critical thinking and problem-solving skills is essential for analyzing complex legal issues, identifying potential solutions, and developing effective legal strategies.
Continuous Learning: Cultivating a commitment to continuous learning and staying abreast of legal developments, industry trends, and emerging technologies is crucial for long-term success in the legal field.
In addition to these specific skill sets, young lawyers should also cultivate strong ethical values, professional judgment, and a commitment to client service. By developing these diverse skill sets and remaining adaptable and eager to learn, young lawyers can position themselves for success in the ever-evolving legal landscape of shipping and commercial arbitration.
From your diverse experience in the legal arena to your recent recognition with the ‘BW 40 Under 40’ award, can you share a bit about what motivates you in your legal journey?
My journey in the legal field has been fueled by a combination of factors. At its core is a deep-seated passion for justice and equality, using the legal platform to advocate for these values in individual cases and broader policy realms. The legal profession’s intellectual demands and ever-changing landscape provide ongoing challenges and learning opportunities, which I find stimulating and rewarding.
The impact of legal work on society is a significant motivator for me, as I aim for excellence and integrity in all my endeavors, understanding the substantial influence my work can have on people’s lives and societal norms.
The recognition and achievements, such as the ‘BW 40 Under 40’ award, validates my efforts and propel me to continue contributing meaningfully to the field.
Being part of a community of legal professionals and mentoring emerging talents enhances my journey, helping to shape the next generation of lawyers. This amalgamation of personal passion, intellectual curiosity, societal impact, professional recognition, community engagement, personal growth, and advocacy for change continues to drive my legal journey.
You’ve had an extensive legal career, from district courts to the Supreme Court. How has your approach to cases evolved over the years, and are there any experiences from your early days that significantly shaped your legal philosophy?
Reflecting on my extensive legal career, which has spanned from district courts to the Supreme Court, I have noticed significant change in my approach to legal cases. I moved to the Supreme Court in 2014 before which, I was at the Punjab and Haryana High Court at Chandigarh for 10 years. I essentially started my practice in 2004 at the District Courts Rohtak and later moved to Chandigarh when I got the opportunity to become an Assistant Advocate General in 2005. I left the office of the Advocate General in 2008 to start my own private practise and became retainer to the Haryana Urban Development Authority. In 2011, I became Additional Advocate General, Haryana.
In my early days, my focus was primarily on learning and applying basic legal principles. However, as I delved deeper into the intricacies of law, my understanding and approach became more nuanced, especially when arguing before the Supreme Court.
One of the most profound changes has been in my analytical skills. Initially, my approach was straightforward, centering on the direct application of the law. But with time and experience, I’ve shifted towards more complex legal reasoning and constitutional interpretation, considering various legal precedents.
Moreover, my legal philosophy has evolved considerably. Landmark cases and mentorships in my early career significantly shaped my views.
I treat every new case with a new perspective and fresh outlook. My first major trial as a young attorney remains an experience that has definitely shaped my legal philosophy. It taught me the importance of thorough preparation and the profound impact of the legal system on an individual’s life. My father’s advice – “a good lawyer is not one who knows the law, rather one who knows where the law is” captures a profound truth about the practice of law. Over time, I realised that what mattered more was developing the skill to research efficiently, understand the context of the laws, and apply them appropriately to different scenarios. It is not just about what you know, but how you use your knowledge to find solutions.
You have worked as an Additional Advocate General for the State of Haryana in the past and presently you have an independent counsel practice at the Supreme Court. What do you think is the difference in both the kinds of practice? Would you go back to being a government counsel?
Transitioning from being an Additional Advocate General (AAG) to an independent counsel practicing at the Supreme Court in India marks a notable shift in roles and responsibilities within the legal profession.
As an AAG, my primary focus was on representing the State’s interests in various legal matters. It involved offering legal advice to government departments, handling constitutional issues, and representing the state in litigation proceedings. Working closely with government agencies, providing legal opinions, and defending the government’s stance in court were key aspects of this role.
In contrast, as an independent counsel at the Supreme Court, I’ve had the opportunity to represent private clients or organizations across a wide spectrum of cases. This entails a broader range of legal issues spanning constitutional law, civil matters, criminal cases, and public interest litigations. The autonomy to select cases and clients and the diversity of legal subjects have been enriching aspects of this practice.
The transition has brought about a shift in focus and clientele. While government counsel primarily revolves around serving the state’s interests, independent practice offers a more varied landscape, allowing me to choose cases aligned with diverse interests and work across multiple areas of law.
The decision to return to government counsel or continue as an independent practitioner depends on various factors. While government service offers a sense of duty and the opportunity to serve the public, independent practice provides flexibility, a wider scope of cases, and personal career growth. My decision would be guided by a balance between these factors and my aspirations within the legal profession.
As a legal professional with a commitment to growth and development, how do you balance your role as an Advocate-on-Record with your position as a Visiting Faculty and your involvement in various professional and academic bodies? How do these diverse roles contribute to your overall professional fulfillment?
Balancing my roles as an Advocate on Record with my position as a Visiting Faculty and an active membership of various professional and academic bodies is indeed challenging but immensely fulfilling. Each role complements and enriches the other. As an advocate on record, I deal with complex legal issues firsthand, which I then bring into my role as a Visiting Faculty, making my lectures more relevant and dynamic. On the other hand, interacting with students keeps me abreast of fresh perspectives and emerging legal theories, which informs my practice. My involvement with various professional and academic bodies allows me to keep myself updated with the latest legal development and professional standards. My diverse roles provide me with opportunities for networking with legal professionals, academicians and students. At times, these interactions lead to collaborative projects, thereby enriching my professional experience and contributing to my growth. Juggling these roles is not just about career advancement; it’s deeply fulfilling. Teaching allows me to give back to the legal community, shaping future legal minds. My court practice keeps me grounded in the practical realities of law, and my involvement in professional bodies lets me contribute to the legal profession’s evolution.
Beyond the courtroom, you’ve been recognized as a BW 40 Under 40 Best Lawyer and Legal Influencer. How did it feel to receive such an award, and what does this recognition mean to you personally and professionally?
I remember quite vividly that I received the email stating that I had won the BW 40 under 40 at 1:30 am at night and I felt extremely elated and joyous. I remember feeling extremely grateful for people who have supported me throughout my career and have pushed me in the right direction. Receiving an award of high stature indeed brings numerous rewards, including recognition and visibility, both personally and professionally. On a personal level, such an honor serves as a validation of my hard work and dedication. It’s a tangible acknowledgment of the countless hours, effort, and perseverance that I have put into my legal career. This recognition goes beyond mere professional achievement; it resonates with my commitment to excellence and the values I uphold in my practice.
Professionally, an award of this nature symbolizes the high standard I have set as a lawyer. It enhances my credibility and reputation in the legal community, signaling to peers, clients, and the industry at large that my contributions are significant and impactful. This visibility can open doors to new opportunities, collaborations, and professional growth.
Moreover, such recognition can serve as an inspiration to others in the legal field, especially emerging lawyers who may see in my journey a path to aspire to. It is a reminder that dedication and quality work are noticed and appreciated.
In essence, while the award is a personal achievement, its implications extend far beyond, enriching my professional journey and potentially influencing the broader legal community.
Your involvement in the Indo-French Chamber of Commerce & Industry highlights your connection to international matters. How do you navigate the legal landscape when working with French companies, and what unique challenges or rewards does this bring to your practice?
My involvement with the Indo-French Chamber of Commerce & Industry indeed adds an international dimension to my legal practice, particularly in navigating the legal landscape when working with French Companies. Working with French companies requires an appreciation of cultural differences in business and legal practices. This includes understanding formalities, negotiation styles, and the general approach to contracts and disputes. Being culturally sensitive and adaptable is key to building strong professional relationships and trust. This provides an opportunity to work on diverse and often complex international legal matters, enhancing my expertise and broadening my professional horizon. It also allows for significant networking opportunities fostering a global perspective.
Outside the legal realm, what activities or hobbies do you engage in to unwind and recharge? Is there a particular hobby or interest that you find complements your legal profession in unexpected ways?
Outside the legal realm, I engage in several activities and hobbies that help me unwind and recharge.
I used to be captain of my University Lawn Tennis Team at the time I was pursuing BA LLB. I really enjoy playing sports, whether it is Lawn Tennis or Cricket or Badminton. I regularly take part in SCBA Cricket Tournaments.
One of my favorite pastimes is reading. Delving into various books, without any specific genre preference, allows me to explore a wide range of ideas, cultures, and philosophies. “Tuesdays with Morrie” by Mitch Albom is a personal favourite of mine. It’s narrative is centered around Morrie’s reflection on life as he confronts ALS, and it provides invaluable lessons on the essence of human existence and relationships.
Apart from this, I greatly enjoy watching movies. They offer a complete escape into different worlds and narratives, providing a mental break from the rigors of law. My favourite movie is The Godfather.
Each of these hobbies, in their own unique way, complements my legal career. They provide balance, enhance skills relevant to my profession, and keep me grounded and focused.
With over two decades in law, what advice would you give to young lawyers starting their journey in the legal field, especially those who aspire to make a significant impact?
The best advice I would give someone who is just starting their legal journey is that there is no substitute for hard work and there is no shortcut to success. A legal professional should always work hard and have faith in what he/she does.
Arguing in court is what every law student strives for. However, initially the focus should be entirely on honing your drafting skills and developing the skills of doing extensive and exhaustive research. In law, learning never ends. Even today, after practicing for 20 years, I continue to learn something new every single day. Law is constantly evolving and changing and you should try to keep yourself updated. Whether it is through legal news apps such as SCCOnLine or LiveLaw or following your mentors and senior lawyers on LinkedIn or through conferences and seminars.
When it comes to arguing in court, it’s okay to stumble occasionally. Everyone has ups and downs. The goal isn’t always to be the best but to make your point clear. Judges often understand and are patient with newer lawyers. Prepare well and present your case in simple terms. A solid grasp of the relevant law and case facts is essential.
Please tell us a bit about your upbringing and what motivated you to study law?
I was born to a doctor couple in Ranchi. I have an elder brother who is also a doctor. I finished pre-school from St. Mary’s Nursery School and enrolled at DPS Ranchi where I studied until I finished 12th grade. Ranchi used to be a small quiet town. We didn’t have much exposure and the career options were limited to medical or engineering.
I had seen my parents at their workplaces but was somehow not attracted to their profession. I wanted to understand how the society and our legal system functions. There was a natural inclination to move from the study of sciences to social sciences (This is not to say that I didn’t enjoy science, I did quite well in my 12th board as a Biology student and I miss organic chemistry a lot!). I remember chancing upon the question paper for the first CLAT and finding the questions very interesting. I thought that this was something that would be fun to study. My parents were not keen with the decision at first. But I owe it to my school teachers who played a very important role in convincing them. They eventually came around.
How was your law school journey? We see that you’ve done a fair bit of extra-curricular activities as a member and head of the Music Club at GNLU. You’ve also been part of the organising committee for the GNLU International Moot Court Competition (“GIMC”) and the GNLU Moot on Securities and Investment Law (“GMSIL”). Tell us a bit about these. Are co-curricular and extra-curricular roles important for a law student?
I think 5 year is a really long time if you have to just study law, so it is very important that you keep your interest going with other things. I have always loved playing music. I have even trained in Hindustani Classical. GNLU had a bunch of extremely talented musicians who formed the music club (a tradition that I’m glad to know has continued). Something very special and beautiful happens when a bunch of strangers with very varied backgrounds and interests in music come together to create music. I forged some excellent friendships through the music club, and I did it mostly for myself. It helped survive the grey walls.
The Organising Committee roles started because I wanted to be among the “cool kids” on campus during GIMC. But over a period of time, it taught me responsibility and very strong organisational skills. The Organising Committee itself is divided into sub-teams for logistics, sponsorship, PR and hospitality, which have their respective team heads or coordinators. Organising a moot which witnesses such wide participation from teams and judges is a crash course in event management. By our 5th year, some of us who were part of the GIMC-OC founded GMSIL because to bridge the need for a moot exclusively for securities and investment law. Our moot court coordinator, Dr. Girish R. liked the proposal and took the idea forward. The University administration was extremely cooperative and helpful, and we had another moot to organise!
Co-curriculars are definitely important for an all-round development, and somewhat even necessary given today’s competitive environment. I am not sure if extracurriculars help directly. Being involved with the organising committee of a moot court competition may not help you with job applications. But they do form good conversation starters. As an OC member, whether you like it or not, you will know something or the other about the moot problem, and learn a lot simply by hearing the oral arguments. Some of the younger judges who come might also help in mentoring and guiding.
Winning the Best Speaker at the 3rd All India Corporate Law Moot Court Competition and receiving an Honourable Mention at the 23rd Willem C. Vis International Commercial Arbitration Moot in Vienna are impressive achievements. Could you share some insights into these experiences and their impact on your career?
It is incorrect to equate good speaking skills in a moot with a good career in litigation or even law, generally. Moot problems help you think. They come closest to making a student apply the law, think on your feet, and experiment with legal arguments. I picked up a lot on coherent, crisp, and succinct drafting when I was doing Vis (all credits to my team – Muskan, Shweta and Catherine, and to our team coach – Zehaan). Drafting is a very underrated skill. It is extremely important to be able to convey legal arguments in simple words and in a structured manner to have maximum impact on the reader.
As far as oral argumentation goes, the preparation for Vis was very different compared to AICLM. With AICLM our focus was very much on the law and clarity of thought and expression. Since it was a national moot we expected the judges to ask questions and preparation was done accordingly. Vis was trickier. We had prepare for arguments before judges from different jurisdictions who were used to hearing very different accents and dialects. I remember hitting rock bottom at one point in my preparation for the oral rounds, because I felt that I wasn’t getting better. Things got better once I identified that I cannot go by a scripted speech. In that sense, moot court competitions helped me discover an individual style of argumentation.
Most moot court competitions are based on a new and upcoming legal issue. They’re a great way to keep on your toes about legal developments and interesting areas of law. My main reason for participating moots was because they were a great learning experience.
You secured a pre-placement offer with Cyril Amarchand Mangaldas in your 3rd year at GNLU. What would be your placement advice to students?
Honestly, I had not given much thought to placements back then. Our University had an excellent placement and internship committee which worked towards ensuring that students had internships and placements. I can’t speak of the standard procedures today but back then, a PPO was the culmination of repeat internships at any office. I had performed fairly well at my internships with the erstwhile AMSS. I was amongst the top rankers in my batch and had a well-rounded CV. Those factors did play a very large role in securing the PPO.
A strong resume is imperative for higher chances at a placement with any top-tier firm. But that does not necessarily mean an “academically good” resume. I can’t generalise but I think when firms come for placements, they are looking not just for talent, but also for a candidate that fits well with the larger work culture and ethos of the firm. Not everyone is a good fit for every firm.
How was your experience of working at CAM, Delhi. Did it seem daunting at first? What tips would you give to fresh joinees at a law firm?
It was quite daunting in the beginning. It was the first time that I was living in Delhi by myself. But I shared a home with some of my college seniors who took out the time and energy to guide me. There was a fair bit of inhibition and self-doubt. What helped was to have seniors around who could guide, and I was quite fortunate that way. It is important for everyone to understand that there is a bit of a jump from being an intern to being an Associate at a law firm. Nobody is inherently good at law. Good lawyers are a by-product of good training.
I don’t have many tips for fresh joinees. Each team and each firm has a different style of working and requires a different skill set. Diligence, honesty, sincerity, humility, patience and a willingness to learn are just the starting points. It’s essential to look after one’s health – we often ignore that when we’re starting out.
What were your reasons for leaving a Tier-1 law firm and joining litigation? What advice would you give to students who want to join litigation?
I wanted to be in and out of court more regularly and practice a wider range of law. I had great exposure at CAM, but the learning curve had started to plateau. I didn’t want to get too comfortable with the money and decided to move out young after finishing 2 years at CAM. That decision worked out really well for me because I had learnt my basics and was able to get up to speed on matters very easily.
The usual advice on patience and perseverance in litigation is quite common so I won’t repeat that. I have two pieces of advice for students. First, the horse is as good as the stable (as said by Fali Nariman in his autobiography). Find an office or a chamber which will really help you blossom into the best version of you.
Second, figure out your “why” of continuing with litigation. Law in general is a demanding and challenging profession, if you want to go about it the right way. It looks very different from the outside than it is on the inside. So, you really need to have a pretty strong reason to be a litigating lawyer – it can be anything, whatever keeps you going. For me, it was not the money, or the adrenaline rush of being in court, or the glamour of being a senior advocate. At the risk of sounding nerdy and naïve, I have continued with this purely because I like reading briefs, I love reading law, I like applying my mind to the case and to the law, and I like drafting. The practice of law brings me peace and satisfaction.
Please tell us more about working at a Chamber in Delhi. How is it different from working in the litigation team at a law firm?
I joined the chambers of senior advocates after my stint at CAM. With a senior’s office you don’t draft so much but you are handling a larger number of matters on a given day. The drafting is already done by the firms and advocates who come to brief the senior. The input expected from a junior is to be thorough with the briefs they’re marked on, prepare notes for arguments and be quick on the uptake and legal research. All this happens post 3-4 PM when you are back in office from court. In court, a big part of your job is to keep tabs on what matters are reaching, avoid a clash to the extent possible and ensure that your senior appears in them. This last part is very important because all preparation goes to waste if your senior does not appear and the matter gets adjourned.
Why did you decide to qualify as an Advocate on Record? Can you share some insights into the process of qualifying as an Advocate on Record and its impact on your career?
The decision to qualify as an AOR was influenced due to the chambers that I had worked or interned at. I had interned with HMJ (Retd.) Indu Malhotra (before her elevation), who had been an AOR before being designated as a senior advocate, another internship with ADP Chambers where Mr. Debesh Panda is an AOR. I was already enamoured by the prospect of being an AOR because I witnessed first-hand the kind of responsibility it came with and the skills that it required. Post CAM, I joined the chambers of Mr. Dhruv Mehta, Senior Advocate who used to be an AOR too. I then joined Mr. Jayant Mehta who was an AOR when I joined him but got designated as a senior during my tenure at his chamber. Both my seniors are not only great lawyers but have been excellent draftspersons. I wanted to emulate that and hence, taking the AOR exam was another step in that direction. I also enjoy Supreme Court practice a lot and hope to build my practice as an AOR office.
The impact of becoming an AOR is yet to be seen as I have only recently started my independent office. The process of qualifying is pretty straightforward and the details are available on the Supreme Court website itself. The exam comprises 4 papers – Practice and Procedure, Drafting, Advocacy and Professional Ethics, and Leading Cases.
Your publication record is quite extensive, covering topics from arbitration to competition law. How has academic research and writing contributed to your growth as a legal professional, and do you see a synergy between your academic pursuits and your practical work? Please tell us a bit about your research papers such as, the one on the overlap of insolvency and arbitration laws in India and its implications? How do you decide to write on a particular topic?
Despite several earnest attempts, I have not been able to keep up with a regular habit of writing. It is not mandatory to be engaged with academics and scholarly writing once you are a professional. Whatever little that I have published was purely because I have academic leanings and I enjoy writing on legal topics. I want to be a lawyer who is very actively involved in academia, and I have unrealistic ambitions of being able to author a commentary (someday, who knows?).
The more you read and keep updated, the easier it is to zero in on a topic. Being legally aware and updated automatically leads to a churning and overflow of ideas which often seek release in the form of an article. I also took my research projects in University seriously and chose topics which either piqued my interest or left room for creative scholarly work.
Why did you decide to read for a masters at the University of Cambridge after working for a couple of years. Is post-qualification experience important to secure an admission? What advice would you give to students who want to pursue an LL.M. abroad?
A masters’ degree wasn’t on my agenda when I finished my undergraduate. It was only during practice that I got the opportunity to dabble with very different areas of law. I’m truly grateful to my seniors’ chambers for that opportunity and for planting in me a genuine and deep interest in certain areas of law. I wanted to study these civil and commercial laws in depth and spend time in not just understanding how these laws work, but how they should work, and why.
The importance of work experience depends on the University and the programme that you choose. There is really no one-size-fits-all approach. As far as Cambridge goes, they have a very inclusive selection process and work experience is not a pre-requisite to secure an admission.
Like litigation, figure out your reasons for doing your masters, and tailor your CV accordingly. A masters from a reputed University does increase your chances of getting hired with an international law firm but it is not a ticket to that job. There are people who have moved to international law firms without a masters too! It is best to do a masters right after law school if you know that you want to get into academia. But it is certainly not a necessity if you want to continue practicing law.
How has the LL.M. helped in your career? How did you decide on your LL.M. subjects (International Commercial Litigation, Intellectual Property, Information Law and Advanced Private Law)?
As mentioned earlier, I chose these subjects because I was already familiar and interested in them through my work experience. I didn’t pursue my masters for any immediate or direct advantages to my career as far as employability is concerned. It did tremendously expand my knowledge, understanding and overall ability to think about the legal issues relating to my masters subjects. Since I continue to deal with these practice areas, they do contribute towards my outlook to briefs and my engagement with these laws on a regular basis.
Tell us a bit about your time at Cambridge – curricular and extra-curricular activities, both. What would a typical day look like for you? How challenging was it to deal with the reading lists and the academic work?
Cambridge is a very peaceful and engaging place, almost a respite from the busy hustle bustle of my life in litigation. The whole city is full of students and the culture is such that it fosters academic growth. Every attempt is made by the colleges to help focus by taking care of all other pastoral needs. This is done, perhaps, to ensure that students are able to cope up with the humongous amounts of readings. In the LL.M. course it is not enough to know the law. The professors’ expect that you have thought deeply about your subjects and have reasoned with it well. They are more interested in hearing your original ideas.
During term time, apart from attending class, I used to spend most of my time at my college library or at the reading room trying to cover up just the basic readings for my classes. It was impossible to finish the reading lists during term, so a majority of the break between terms was also spent in finishing the pending readings. For someone who has a genuine interest in their subjects and wants to be thorough, the entirety of the course duration can get used up in just finishing the readings. But the readings were divided into essential and optional to make things easier for students.
It wasn’t all work though. I helped organise the Cambridge Arbitration Days – 2022 at the Faculty of Law. This was one of the first arbitration events that was being held in person post COVID. We had some of the best barrister chambers and solicitor firms come down for the sessions. I met some of the best legal minds here.
I was a member of Darwin College at Cambridge which is right by the Cam River. Matter of fact, the backyard of my house opened into the college gardens which were adjacent to the river. Darwin has a special place in my heart – I made friends from all over the world and across disciplines. You could just be sitting and having a cup of coffee in the café and strike a very thoughtful and enriching conversation with a complete stranger who will most certainly have a thing or two to teach you.
I founded the Law Society at Darwin. I was very active with the swimming club. I would almost never miss our Saturday swims followed by brunch at the college. I did a fair bit of punting and kayaking. I signed up to become a punt captain at my college and by the end of my course I had become an expert at giving people punt rides along the river. I even did a night punting trip! Darwin has the best (and the most affordable) bar in Cambridge and is run entirely by students. I used to bartend once a week and earn some side money. I played a lot of cricket and football. I think I made the most of my time there, but that is how the environment is like at Cambridge. It ensures that you maximize your involvement with everything. This can also lead one astray. So it is important to not lose track of your priorities.
In addition to your litigation work, you have advised on various aspects of data protection laws and have drafted privacy policies. How do you stay updated on evolving legal landscapes, especially in areas like data protection, and what advice would you give to legal professionals on staying current in today’s dynamic legal environment?
I think it is easier to stay updated in today’s legal environment because important cases and developments get reported immediately. I think LiveLaw and Bar&Bench do a pretty good coverage of domestic legal developments. I have also been in the habit of reading international developments by customising my Feedly since I was in law school. There must be newer ways of staying updated now, would appreciate receiving tips on that myself.
A question that is often repeated- How difficult is it to be a first generation lawyer in the litigation circle?
It is difficult for sure, especially if you are not from Delhi, like me. But then again, it is not impossible either. The starting point differs if you are from a family of lawyers and you certainly have an edge over others. Even if you discount legacy, lineage makes things easier purely in terms of rent, expenses, office space, library and resources. But, I’m hopeful that in the longer run everyone does end up finding their ground. I can’t say for other cities but the Bar in Delhi is relatively more welcoming to outsiders. One of my law professors used to say in GNLU – Everyone will end up reaching the same place. If someone has an airplane, let them use that. You take the bus if that’s what you can afford.
I must also count my blessings and check my privilege. I managed to work with some of the best chambers even though I didn’t have any connections to secure an entry for me. Hard work does get recognition across the board. My seniors, and the people I have worked and interned with have always been exceptionally kind to me. I have been able to keep litigation because my parents are not dependent on me and I have no liabilities. I have a spouse and in-laws who have been exceptionally supportive. It wouldn’t have been possible for me to transition to independent practice without their backing. I can imagine the trajectory being far more difficult for someone else.
It is also important to understand that setting up an independent practice is not the only way that one can be a litigating lawyer. People are doing exceptional work at chambers and in law firms, be it small, mid-tier or big law firms. Being part of a team is less stressful than running your own establishment. It also gives more flexibility, allows room for experimenting with varied work, and ability to handle heavy briefs.
As a woman at the Bar, do you face any particular challenges and how do you deal with them? What changes would you suggest for a more inclusive and diverse Bar? What future opportunities and challenges do you foresee?
Women face more challenges in every field (personal or professional) and litigation is no different. A comparison of the number of men and women senior advocates and judges is self-explanatory. But I must point out that a career in litigation has a lot of longevity. There is always scope for coming back after a break, albeit, with initial struggles and difficulties. Since there is no linear career progression, it leaves room to carve a distinct path which may be very different from one’s contemporaries.
There are definitely a larger number of women at the bar today. With passage of time, courts have become more inclusive and accommodative spaces. There are also a large number of women who are re-joining the field once their children have grown up and they don’t need to be caregivers. I’m grateful for the Bar here which has an amazing set of women who have always been very encouraging and supportive. We have a long way to go but I’m hopeful about the future. We are the products of the hard work of all women who came before us and made our lives easier, and I hope that we’ll continue making things better for the future.
Lastly, if you were to provide advice to recent law graduates entering the field today, what key pieces of wisdom or lessons learned would you share with them as they embark on their own legal journeys?
“Own legal journeys” is the operative part here. The legal profession is very wide, diverse and rich. Each person has their fair share of struggles, blessings and rewards. There really isn’t a template to follow. Feel free to experiment, but do a good job with whatever you choose to experiment with. Another piece of advice is to have hobbies outside of law. The profession (and life in general) is far too long to live without poetry, music, sports, food, art and culture.
Managing Partner of RKP & Associates since 2000! What inspired you to establish your own firm, and how has the journey been so far? Any memorable milestones you’d like to share?
The journey of my legal career started way back in 1997. Fortunately, I was exposed to the intricacies of legal practice and court craftsmanship at a very early stage, and this generated the confidence in me to go all out by 2000. Being an astute observer, I had realised during my initial days of lawyership that this field offers limitless opportunities if you are ready to dedicate yourself. The thought of establishing RKP emanated from my passion towards law and the drive to serve the clients in a more comfortable environment. To be very honest, the initial days of RKP were quite a challenge – tougher than I had envisaged, but like I said your dedication and hard work will always be rewarded. I had started with a very small team, and have gradually expanded not only in my core area of practice, but also in the corporate and M&A arena. It is also heartening to see that my clients have reposed a great extent of faith in me all these years which keep me motivated to harness myself even at this stage. One of the prominent milestones for RKP, I would say, was making our presence in important cities of the country through associate offices. We are looking forward to having our physical offices in all the metro cities and that would be our next milestone.
Apart from the courtroom, you are associated with the Board Advisory Panel of Cerracap Ventures, USA, and A&S Pharma, UK. How do you balance your legal practice with advisory roles for international companies, and what unique challenges does this bring?
It is true that advisory roles are quite challenging because the stakes involved in such roles are quite high. At the same time, not only your legal acumen but business acumen are also tested. Having seen the commercial disputes of corporate houses for a long period of time, I have developed an understanding of the issues these corporate houses face. I use this understanding to mark my contribution in the advisory roles. Another interesting aspect of the advisory role is the difference in culture and working style of the corporates vis-à-vis the workings of litigators. While as a litigator, you have to take quite a stringent approach, this approach has to be adjusted and become more pragmatic when it comes to advisory. Nevertheless, international exposure has given me a broader perspective to understand things and work towards them from a higher horizon.
You’ve been a part of various legal forums, including the Hon’ble Supreme Court of India and National Company Law Tribunal. Can you share a courtroom story or an incident that left a lasting impression on you?
The courtroom experiences have been quite important to understand the intricacies of litigation practice. Court craft is something which can be learnt only by making appearances before the Courts. I will narrate a story which will give you an insight as to how the Bench needs to be convinced persistently with your arguments. During my initial days of career, I was representing a person who had filed a Public Interest Litigation before the Supreme Court. The Bench was of the clear view that the petition was more for a publicity stunt rather than for a cause. Even before I could present my case, I I was stormed with questions by the Bench. At that moment I realised that it is not only the legal grounds on which you present your case, are important but also as to how you present these grounds before the Courts. Over the period of time I have realised that it is equally important to strategize as to where you start your case from so as to make that first impact. Once the Bench starts hearing you and opens the case file, you get that extra moment to make the next strongest point of your case and that’s how you take the Bench to the relevant page of your case and draw a full audience from the Bench.
As an advocate-on-record, you’ve seen the legal landscape evolve. What changes in the legal field do you find most interesting or challenging today?
Well the most interesting development in the legal system is the collegium system. Without commenting on it against the collegium system, the challenging aspect is time constraints with the court and high volume of cases. So when the case is taken up, the lawyers have to make that impact in the few seconds that they get. Also, the virtual courtroom system has also eased off the travelling pressure for the lawyers, especially the lawyers who have multi-forum practice.
Lawyers often have interesting stories about what happens behind the scenes. Can you share a humorous or unexpected moment from your experience in the legal realm that still brings a smile to your face?
This is not my story but I was present in the courtroom when it happened. A junior lawyer was probably making his first appearance. While starting his case he confidently submitted to the judge that he was appearing for the petitioner while in fact he was representing the respondent. In this confusion he started arguing against his own case – after a short while when he realised that he has messed up, he simply concluded his remarks by arguing that all the grounds he just made are the grounds which may be taken by the other side, and now he would rebut all these arguments one by one. It was quite hilarious but at the same time, he ought to have been given the credit for flipping his side in no time with his witty conclusion.
We’ve heard you’re quite the reader. If you were to recommend a book that isn’t related to law but impacted your perspective, what would it be, and why?
Well, being an advocate, reading becomes a compulsion initially which subsequently graduates into a habit. This habit allows you to take inspiration from different parts of the world through books. I personally believe that good books can shape up your life. One book that I always recommend to young professionals is “Ikigai: The Japanese Secret to a Long and Happy Life” authored by “Héctor García and Francesc Miralles”. This book motivates you to put yourself into work to lead a happy and healthy life. I see these days that young professionals do not indulge in reading books, rather they rely much more on social media content. My take on this is that nothing could replace books.
When you’re not immersed in legal matters, how do you unwind? Any hobbies or activities you turn to for relaxation?
Being the senior lawyer in the Firm, I hardly get time to unwind myself. But whenever I can spare some time, I love to travel. I have travelled to different parts of the world in the last decade. It opens up your mind and gives you a broader horizon to understand people and their culture.
Your expertise extends to providing legal advisory on Mergers & Acquisitions and foreign direct investment. If you could give one piece of advice to young lawyers entering this field, what would it be?
Laws around M&A and FDI are quite complex and dynamic which keep evolving as per the industry requirements. Any young lawyer intending to take up these practices must be thorough not only with the legal provisions but also with the market development. M&A requires a lot of understanding of the business of companies and the idea behind the transactions. Lot depends upon what kind of exposure you have got because every transaction has unique requirements and understanding those requirements enable you to deep dive into the detailing around it. Having said that, M&A is one of the most interesting and universal practices. People who have keenness of indulging in comprehensive legal documentation and finding innovative legal solutions must try their hand in this practice.
Shaurya, your journey from being a law student to Advocate on Record and Standing Counsel for the State of Uttar Pradesh is quite remarkable. How do you recall your starting years as a legal professional? Please share your insights and struggles which you came across to reach here.
Being a first generation lawyer, I knew little to nothing about the legal profession when I stepped into law school. My early internships exposed me to the hallowed corridors of the Supreme Court and that is when I was truly motivated and determined to someday have a practice of my own in the Supreme Court. My starting years as a legal professional included some of the cliched’ travails of having a low salary, extremely long working hours, and the existential dread of how I would ‘make it’ in the profession.
As luck would have it however, I was blessed with a wonderful mentor, Mr. Amit Kumar, Sr. Advocate who took me under his wings and it is under his tutelage that I gained invaluable experience as a practicing advocate. I never refused any assignment that came my way and I learnt to always be prepared in each matter, and be ready to grasp any opportunity. On certain occasions when my requests for Passovers in matters were turned down, and I was requested to argue the matter by the Bench, I found myself prepared and equipped to handle the matter. This led to initial successes and brought with it much needed optimism and motivated me to keep going. In my view, the biggest struggle for a first generation lawyer in litigation is to remain motivated, however, I overcame this challenge by remaining disciplined and focused on improving my skills. Eventually, my skill sets improved, and with it came more work and a steady flow of income.
While hard work is often the answer to most of the challenges in the profession, it is also important to give the required importance to other facets of personal life such as physical and mental health. Having a close circle of friends in the early days of the profession helped me maintain a balance between the personal and the professional aspects of life and proved instrumental in helping me navigate the more challenging days of the profession.
As the Standing Counsel for the State of Uttar Pradesh, you handle a wide range of litigations, from criminal disputes to matters related to Housing, Stamps, and Registration. What aspects of your role do you find most challenging and rewarding?
Being the standing counsel for a State as large as Uttar Pradesh is a challenging but rewarding assignment. The biggest challenge being the sheer volume and diversity of cases one has to handle. On most days, the assignment of Standing Counsel requires drafting multiple drafts, apart from having to argue several cases before different benches of the Supreme Court, therefore it is also important to keep abreast with the latest developments in the legal field. Having to prepare for a heavy docket of matters, particularly on admission hearing days, i.e. Mondays and Fridays requires a strong support system. The importance of a good team of lawyers, clerks and office staff therefore cannot be overstated. In my personal opinion, one must try and identify a good team of colleagues, juniors and support staff as early as possible and invest in creating a team as early as possible. The diversity of cases to be handled also poses quite a challenge as the preparation of criminal cases requires a different approach when compared to civil cases. In particular, Land acquisition disputes are usually voluminous and therefore require rigorous preparation.
The most rewarding aspect of the assignment is the sheer exposure that it provides before the Supreme Court. As Standing Counsel, one gets to appear and argue before almost all courts of the Supreme Court, brief Senior Advocates, all of which helps gather invaluable experience. The role of a Standing Counsel also provides an in-depth insight into the functioning of the Government. These are all extremely rewarding aspects of practice as Standing Counsel before the Hon’ble Supreme Court. To have the opportunity to handle such an assignment at a relatively young age is proving to be an extremely humbling experience.
As a Panel Counsel for the Government of Meghalaya, you were part of the team that successfully lifted the ban on coal mining. How do you approach high-profile cases, and what role does legal strategy play in influencing policy changes?
Legal Strategy is one of the most critical aspects in litigation. A good legal strategy acts as the bedrock on which the entire case is constructed, therefore considerable efforts must be spent in working out an effective strategy before proceeding with any case. The issue concerning the ban on illegal coal mining in the State of Meghalaya is one of the most unique cases I have handled till date. The issue pertained to the practice of indigenous mining techniques by the tribal residents of the State of Meghalaya which was deemed unsafe and environmentally harmful, resulting in the imposition of a complete ban by the Hon’ble National Green Tribunal in 2014. When the matter was earmarked to our team, before proceeding with the matter, we examined the historical aspects of the land tenure system in the State and its implications on the constitutional rights of the tribal residents of the State of Meghalaya. We were able to chalk out a legal strategy which indicated that the tribals are the absolute owner of the land and also the minerals extracted from the land, due to the constitutional status conferred to the State of Meghalaya as a 6th Schedule State, and also due to the land tenure system. Consequently, the Hon’ble Supreme Court upheld the contention that the both the land and minerals belong to the tribals, and therefore lifted the absolute ban on coal mining in the State, by permitting the mining to resume under the applicable legal regime of the Mines and Minerals (Development and Regulation) Act, 1957. The said judgment is a watershed moment, particularly for the State of Meghalaya, as nowhere else in the country has the Supreme Court recognised the right of the landowner over the minerals that may be found in his land. I personally do not distinguish between ‘high profile’ cases and other cases in terms of my approach to the matter. Surely, the pressure in ‘high profile’ cases is higher as the stakes involved for the clients are usually higher. However, I try to approach the matter like any other matter since I believe that as professionals, lawyers must remain objective in their assessment of a case.
Beyond the courtroom, you contribute to legal academia and write columns for popular legal websites. What motivates you to engage in these activities, and how do they complement your personal & professional life?
My motivation for engaging in academic activities comes from my family background. My mother has been an educator for over 30 years and therefore I have always had a keen interest in academia. I still make time to write regular articles on various issues that I come across during my practice as I find that writing articles only solidifies the understanding of a particular area of law. Writing articles encourages discussion and debate on contemporary topics of law and I find that sharing of views is the best way to contribute to the development of the law.
Your academic achievements include winning Best Memorial in the Oxford Media Law Moot Court Competition. How has participating in moot court competitions shaped your advocacy skills, and what advice would you give to law students interested in mooting?
Mooting was one of the most engaging activities during law school. It cultivated several habits which I till date implement in my professional life. Mooting required extreme discipline and dedication as it required one to gain subject matter knowledge on the topic involved to effectively deal with the issues raised in the moot proposition. This often involved our team staying up several nights reading up on new areas of law and refining our understanding of these areas. So far as helping shape advocacy skills is concerned, mooting trains one to develop arguments. It requires you to put your best argument first and find simple ways of explaining relatively complicated concepts. These aspects of mooting are very helpful in shaping advocacy skills. In my view, mooting, debating and other such activities are also a good way to gain confidence in public speaking which is an important skill required by any lawyer.
Coming to the personal side, what makes you happy personally other than Law? What keeps you motivated and inspired?
Music is a great source of solace and happiness for me. In particular, I enjoy collecting vinyl records and old cassettes.
Looking ahead, Are there any specific aspirations or goals you’re aiming to achieve in the coming years?
If I were asked the same question a few years ago, I may have answered with a specific career goal in mind, but over the years if experience has taught me anything, it is that being happy, healthy and enjoying each day as it comes is the most important facet. I hope to focus on finding a good work life balance going forward.
Reflecting on your journey, what advice would you offer to law students and young legal professionals aiming to build a successful career in litigation, especially in the evolving legal landscape of India?
One must have a voracious appetite for reading as it is the only way to stay abreast of the ever evolving legal landscape. A career in litigation is more of a marathon than a sprint. Pace yourself. While there is absolutely no substitute to hard work, but it’s important to find balance between the personal and professional.
How would you like to introduce yourself to our readers and young freshers.
I am an Advocate-on-Record (AOR) at the Supreme Court of India. I started practising in 2014 with Wadhwa Law Chambers, Delhi before setting up my own full service law chamber (with two other partners) in 2022.
Our key practice areas include arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation with a focus on litigation before Hon’ble Delhi High Court, NCLT/NCLAT and the Hon’ble Supreme Court.
During the course of last 10 years, I have had the opportunity to represent various Indian and multinational companies/government departments before various courts and tribunals in Delhi NCR, Punjab and Haryana High Court, Allahabad High Court, Bombay High Court and other courts in Lucknow, Jabalpur and Himachal Pradesh.
You have a strong academic background, having completed your B.A. LL.B (Hons.) from Dr. RML National Law University. How has your academic journey influenced your approach to legal practice and problem-solving?
I was fortunate to have spent my five years at law school with some of the brightest minds from across the country – who are now some of my closest friends. All of us continue to learn from each other during the course of our respective professional journeys as practising lawyers, at law firms, in house counsels – as we did during our time at law school. Apart from the usual academic rigour, RMLNLU gave me an excellent set of peers.
While law practice can keep you occupied 7 days a week, I try to keep in touch with the academia by teaching seminar courses/taking guest lectures. Infact, preparations for my lectures at NLU Delhi and NUJS Kolkata have often helped me discover new lines of arguments and case laws – which eventually help you while making submissions in court/drafting your pleadings.
Could you describe your current role as an Advocate on Record at the Supreme Court of India? What types of cases do you handle, and what are your primary responsibilities?
My initial years in law practice gave me a lot of exposure to original side litigation at the Delhi High Court, NCLT/NCLAT and District Courts. Original side practice teaches you imperative litigation skills which involves asking the right questions from the client and procuring documents, drafting the pleadings only after one looks up the correct position of law, and most importantly, being precise and not verbose with the pleadings.
It is imperative that a lawyer keeps the above in mind while drafting plaints in Suits, statement of claims in arbitrations and insolvency actions, since the client may not be able to rectify these errors at the Appellate stage.
Having a strong original side practice background always gives you an edge with AOR practice at the Hon’ble Supreme Court. This skill set has certainly helped me with my AOR practice where I take up matters relating to arbitrations, Insolvency and Bankruptcy, high stake property litigation, Civil and Commercial Litigation, Criminal and constitutional litigation, Intellectual Property and MSME related litigation
With your involvement in MSME-related litigation and practice, how do you approach defending recovery actions initiated by MSMEs? What unique challenges and legal considerations come into play in such cases?
With the Government allowing for a completely self-declaration based registration under the MSME Act, a huge number of money recovery actions are now initiated under the MSME Act. If the dispute is contested and not settled before the Facilitation Council, it converts into a regular arbitration. The obvious benefits are better rates of interest given to MSMEs under the MSME Act when compared to regular arbitrations/civil actions for unpaid dues.
However, the self-declaration regime does not require any physical inspection of the proposed MSME unit prior to its registration under the Act. This is resulting in many vendors registering themselves as MSMEs overnight (who may or may not meet the required thresholds of turnover and investments under law for registration as an MSME) and filing their claims under the MSME Act. In my humble opinion, the entire self-declaration regime of registration needs a complete overhaul at least as far as recovery actions under the MSME Act are concerned.
There are however some remedies in the current legal framework to address the aforesaid issue, though not very effective and practical. Some other remedies under the MSME Act include criminal prosecution against the buyer which are not explored routinely but can be very effective, especially in high stake MSME litigation.
In addition to your legal practice, you have a background in writing and travelling. How has your interest in writing come up and what are some of your favourite places you have travelled to.
I used to write ‘letters to the editor’ to various newspapers while I was in school, which my father had suggested. I still have a whole collection of those cut outs kept with me! It is indeed a great way to develop comprehension and improve writing early on – especially for litigating lawyers where you are required to churn out drafts on an everyday basis. I would also write some pieces here and there in college, but the litigation rigour does not allow much time for that anymore.
The RIFF music festival at Jodhpur with its unique dawn/dusk classical concerts, the backwaters at Kerala, the unexplored Turkish coastline and old town Prague have been some of my favourite places to visit.
With a significant portion of your career spent in representing various entities, what advice would you give to aspiring lawyers, What are some key lessons or insights you have learned along your journey that you would like to share with them?
One should explore as many practice areas in the initial few years of practice and focus on reading as many precedents/case laws.Apart from the basics, being a nice and an easy person to work with is a very under-rated skill!
Could you please share about your formative years of litigation practice in the Supreme Court?
In 2007, after enrolling as an advocate, I set off from Kerala to Delhi with only 5,000 rupees in my pocket, driven by burning determination and dreams in my eyes, all in pursuit of my aspirations. The metropolitan city was new, the people were unknown, my Hindi language skills weren’t fluent, adapting to the fast-moving culture proved challenging, extreme weather posed difficulties, housing rents were high, and adjusting to North Indian food was tough. Moreover, at that point, I didn’t know a single person in the legal circle in Delhi. Despite all odds, I managed to survive.
Fortunately, a friend referred me to a Supreme Court lawyer, leading to opportunities to work with two leading law firms in the Supreme Court. I am grateful to my mentor, Mr. Anand Sanjay Nuli, the founder of the law firm Nuli and Nuli. In a short period, I immersed myself in the intricacies of litigation practice, becoming familiar with the procedures of most courts and tribunals in Delhi.
Starting to receive cases from my home state of Kerala, I launched my independent practice in 2012. Following my successful clearance of the AOR exam in 2015 on my first attempt, I never looked back: my contacts multiplied, cases poured in, and my workload increased day by day.
Your legal journey has spanned from handling cases in the Supreme Court to contributing to legal academia. What motivated you to pursue both active litigation and a role as a Visiting Faculty at various law schools? How do these two aspects complement each other in your professional life?
While pursuing an LLM from Amity University, several friends encouraged me to take the UGC-NET exam and fortunately, I cleared it in 2015. Technically being qualified as an Assistant Professor ignited my interest in academia and led me to take up teaching assignments in law schools and business schools.
Active litigation challenges me to stay current with legal developments and sharpens my analytical skills. It offers real-world experiences I bring to the classroom, giving students practical insights beyond theories. Simultaneously, academia allows me to delve deeper into legal theories, engage eager minds, and contribute to shaping future legal professionals.
Teaching keeps me intellectually engaged, refines my communication for the courtroom, and broadens my perspective through a constant exchange of ideas. This synergy between litigation and academia enriches my understanding of legal concepts and enhances my effectiveness both as a lawyer and educator.
Your involvement in drafting Private Member Bills is noteworthy. Can you share a bit about the inspiration behind bills like the Anglo-Indian Welfare Bill and The Waste Management and Recycling Bill?
I provided advice to several Members of Parliament (Lok Sabha), irrespective of their political affiliations. During this time, the Lok Sabha MP named Dr. Richard Hay expressed a desire to address the unique needs and concerns of the Anglo-Indian community within the legal framework. This community possesses a distinct cultural identity and faces challenges that may require tailored legislative attention.
Another legislative initiative involved waste management, aiming to align India’s practices with cleaner standards akin to Western countries. The inspiration behind The Waste Management and Recycling Bill stemmed from the urgent need to address environmental concerns, specifically focusing on efficient waste management and promoting recycling practices. Extensive research on similar laws in other countries formed the foundation for drafting these bills.
Both Private Member’s Bills were introduced in different Lok Sabha sessions, and I felt immensely gratified and proud to have had the opportunity to apply my legislative skills to these initiatives. Dr. Richard Hay later expressed gratitude in his book, acknowledging the significant role I played in the formulation of these two Bills—an overwhelmingly fulfilling experience for me.
As an advocate-on-record with a focus on election laws, you’ve completed a Ph.D. in the same field. What prompted you to delve into this area, and how do your academic pursuits enhance your ability to navigate complex legal issues in electoral matters?
Firstly, I completed my LLM in Constitutional Law. Secondly, while advising a few Members of Parliament, I became increasingly fascinated by the captivating nature of election laws due to their intrinsic connection to democracy, governance, and the fundamental rights of citizens. Both these led me to choose a PhD topic focused on the critical study of statutory provisions and judicial decisions regarding hate speeches for electoral gain.
Besides, my decision to specialize in election laws stems from a profound interest in upholding democratic principles and ensuring fair and transparent electoral processes. Academic pursuits in this field significantly enhance one’s ability to navigate complex legal issues in electoral matters. Researching and studying electoral laws at an advanced level equips individuals with a comprehensive understanding of election procedures, electoral disputes, and policy insights, providing an edge in handling intricate electoral legal issues.
Winning the Family Medicine Advocacy Award in 2019 is a unique accomplishment. How has your legal work contributed to the cause of family medicine, and what role do you see for lawyers in advocating for broader societal issues beyond the courtroom?
The award, conferred upon me by the Academy of Family Physicians of India (AFPI), recognized my efforts in advocating for the establishment of a separate department of family medicine in all hospitals and incorporating a course on family medicine into the MBBS curriculum through a Writ Petition filed in the Supreme Court. Consequently, the Court directed the Union of India to make an appropriate decision, which ultimately resulted in a positive conclusion. This decision significantly benefited family medicine practitioners and millions of our countrymen by supporting accessible and quality healthcare.
Lawyers can play a pivotal role in advocating for broader societal issues beyond the courtroom through various means. One such avenue is policy advocacy, wherein lawyers engage in lobbying efforts and collaborate closely with policymakers to shape laws and policies addressing social justice, human rights, environmental sustainability, healthcare, education, and more. Another effective approach is filing Public Interest Litigation (PIL) or representing marginalised groups, NGOs, or individuals in legal cases that challenge unjust policies, protect civil liberties, and seek remedies for systemic issues. Other impactful methods include legal education and empowerment, raising public awareness through media, Corporate Social Responsibility (CSR), conducting research, and providing data-driven solutions for societal challenges.
Overall, lawyers serve as advocates, advisors, educators, and catalysts for societal change. Their expertise in law and understanding of legal systems position them as crucial agents for advocating broader societal issues, striving to create a fairer, more just, and inclusive society.
You’ve been involved in some ground-breaking Constitutional Bench cases. Can you share a moment from your career that stands out as particularly impactful or challenging?
Several cases I handled were notably challenging, with two among them considered landmark judgments. One instance involved the judgement pronounced by the Constitution Bench in the Sabarimala temple case, permitting women’s entry into the temple. In this case, I filed the petition on behalf of the royal family of Pandalam who constructed the Lord Ayyappa temple at Sabarimala, advocating for the continuation of tradition. This decision caused significant upheaval in the state of Kerala. Another significant case was a Constitution Bench judgement that decriminalized the provision of adultery i.e., Section 497 from the Indian Penal Code (IPC). I filed a Writ Petition representing an activist named Joseph Shine. Both of these cases are widely regarded as landmark judgments.
One instance that I can’t forget in my career was the research and drafting that my legal team did challenging the Citizenship Amendment Act (CAA) in the Supreme Court on behalf of one Member of the Parliament named T.N. Prathapan. We completed the same in just a matter of 6 hours starting from 1:00 am till 7:00 am. That night was a marathon, intense and unforgettable.
The list is endless, encompassing various subject matters of law—ranging from service jurisprudence to environmental laws, civil remedies to criminal matters, constitutional issues to corporate advisories, arbitration proceedings to family disputes, and more. I am thankful to my colleagues Mr. Vibhor Ahlawat, Ms. Vijayalakshmi Raju, Ms. Somlagna Biswas, Ms. Deepika Singh, and Ms. Disha Puri for their relentless efforts and contributions, without which I can’t be where I am now.
Beyond the courtroom, we know you’re into Artificial Intelligence and enjoy a game of online chess. Is this your way to unwind or do you have different hobbies that help you relax and recharge?
For the past few years, I have immersed myself in reading about Artificial Intelligence (AI). In the realm of litigation practice, embracing technology, especially AI has become increasingly essential. My focus lies on advocating for ethical AI, a concern that unfortunately garners attention from only a few.
Additionally, I am deeply intrigued by billionaire stories. I used to watch their interviews that reveal their tales spotlighting resilience, innovation, and their strategies for success. Exploring their stories unveils their mindsets, work ethics, and pivotal choices. It’s not just about wealth, but also their visions, failures, and societal contributions, making their journeys both compelling and relatable.
Being a Visiting Faculty at various law schools, what motivates you to engage with the next generation of legal minds? Any advice for budding lawyers based on your experiences?
Interacting with budding legal minds as a Visiting Faculty is profoundly fulfilling. The drive behind this engagement springs from a fervent passion for imparting knowledge, moulding future legal luminaries, and witnessing their transformative journey. It’s truly inspiring to play a part in the growth of the next generation, fostering and guiding them through the intricate pathways of the legal world.
My advice to budding lawyers: embrace lifelong learning; hone communication skills; uphold ethical standards all the time; build a strong network; prioritise clients over your personal and political inclination, and be anti-fragile. Always, embrace technology and AI-driven solutions in litigation as well as non-litigation. That’s the future.
