This interview has been published by Namrata Singh and The SuperLawyer Team
Could you please help our readers get to know you better by sharing how you came into the field of law? We’d love to hear about your journey, who inspired you to join the legal profession, and the challenges you faced initially.
Many of us will agree that growing up in the nineties, there used to be primarily two career choices every student had to make at a certain stage, either medicals or engineering, and similarly I was also in the same mainstream preparing to be a doctor someday. Law was surprisingly introduced to me by my brother which intrigued me when I explored more about it as a profession. As I always believe in the quote that ‘life is what happens to you when you are busy making other plans’. I joined National Law University, Jodhpur as its first batch student and graduated in the year 2006 with Corporate Law Honors in B.B.A. LL.B. and thereafter joined Kanga & Company, Mumbai and also worked with Majmudar & Partners, Mumbai till close to 2011 end. While working with these firms it was purely general corporate, M&A and PE transactional work with almost negligible work related to litigation and the learning I received from both these places left a significant impression in my approach towards work. My initial years into litigation were very challenging and every new case I got was accepted as a blessing. I was appointed as amicus curiae or Court commissioner in many Public Interest Litigations during my initial years which gave me the opportunity to appear regularly before the court and to make myself relevant. I was always open to any area of law and focused myself to take each case as the most important and crucial for me for building myself as a litigation lawyer.
As Senior Standing Counsel for Union of India, GST, Central Excise / Customs, what are the key challenges you face in representing such a broad spectrum of governmental interests?
The most fascinating part of representing tax department in the High Court is that mostly the controversies involved are interpretational issues where constitutional validity is under question and having serious implications wherein invariably I get the chance to argue against the best and top tax lawyers of the country, which I believe is a valuable learning experience for me. As we know that the Goods and Service Tax law is new and evolving so many issues are nascent and completely innovative in its challenge which is a constant learning experience. One has to keep in mind the complexity of Laws, diverse stakes, managing the litigation coupled with the factor in change in the policy. However, balancing the government’s interests with the broader public interest can be a delicate task. Ensuring that legal actions align with public expectations and serve the overall welfare of the society is important. Navigating these challenges requires a deep understanding of legal intricacies, effective communication skills, strategic thinking, and the ability to adapt to dynamic legal landscapes.
We want to understand how different the study of law is compared to the practice of law. What was the most challenging aspect of transitioning from academic learning to actual legal practice?
What we study in law school is a very fundamental yet primitive part of law. The actual application and understating of the practical aspects of law comes only when we enter in the profession. As a first generation lawyer, the journey is altogether different and difficult because you inherit nothing and have to build everything from scratch but the good part is that you have an empty canvas and you are the artist. A fresh law school graduate who wishes to enter into litigation should always start with fundamental and practical aspects including the process of filing or curing of defects therefore I also advise to start from trial courts for at least two years before practicing in higher forums. Nowadays it’s good to see that law schools are also focusing on practical learning aspects other than just theoretical teaching. Applying legal principles to real cases, clients, and situations requires a different skill set than memorizing legal theories. In academia, the emphasis is often on analysing case law and statutes. However, in practice, building strong client relationships, effective communication, and understanding client needs become crucial. Developing these interpersonal skills can be challenging for some. In a practical legal environment, time management becomes critical. Meeting deadlines, handling multiple cases simultaneously, and managing client expectations require efficient time management skills that may not be as emphasized in academic settings. And, most importantly grappling with ethical dilemmas, maintaining client confidentiality, and upholding professional conduct standards are integral parts of legal practice that go beyond academic discussions of legal ethics. I also happen to be a guest faculty at a few law universities. I also give lectures at many intuitions and this helps me keep my own learning in the game.
How do you approach the complexities of constitutional writs compared to other types of legal matters you handle, and what strategies have proven most effective for you?
The unique feature of writ jurisdiction is that it’s an extraordinary remedy and how you can convince the court to get a favourable order depends upon how innovative and ingenious you can be. In my experience of being into litigation, I believe there is only one strategy and that is there is no strategy. You have to be quick on your feet, well prepared and thoroughly researched. One of the key focuses should be on the drafting because there may not be occasion for you to change your pleadings in the later stage if you have missed out a crucial fact or legal ground. You must know what to speak and more importantly what not to speak. Court crafting is an art and it takes patience and keen openness for observing to learn on a daily basis which cannot be taught but has to be learnt. By combining thorough legal research, precise drafting, effective oral advocacy, and a deep understanding of constitutional principles, handling constitutional writs can be approached with the rigor and strategic insight they demand. This ensures that the complexities of these cases are navigated effectively, maximizing the chances of a favourable outcome. When I joined litigation, I ensured to be in the court and get the chance to hear senior advocates arguing their matters because one can learn a lot from mere observation as to how a particular case was presented and how the questions of the court were replied back.
What innovations or changes would you like to see in the Indian judicial system to improve efficiency and fairness in legal proceedings? Additionally, what steps are you personally taking or planning to take to help achieve these improvements?
We are presently in a rapidly growing and evolving legal system. Before the covid pandemic, none ever imagined the idea of having courts running online where lawyers and even litigants were attending courts from home. Now we have a seamless virtual platform where any lawyer can not only do the filing but also attend the court. We just need more adaptability and openness to it. However, that is mostly at the High Court and Supreme Court or other higher forums, which needs to be adopted at all the levels. This requires proper infrastructure and training. Once this is achieved, service of process, examination of witness, inspection etc. many such procedural aspects which delays the justice dispension system can be curtailed. We are currently transitioning our entire office from physical file to digital file and do not carry physical file to the dias. This way we have access to the entire office record, documents and relevant judgments with ease even if we are travelling.
You transitioned from being an associate to a legal head and then switched back to a senior associate role. What differences did you observe in both practice areas during these transitions, and what motivated your move back to the litigation?
You cannot compare being an associate in a corporate non-litigation firm with being an in-house counsel with any corporate organisation with having your independent practice as they all work within their uniquely peculiar sphere. The kind of work you do, the atmosphere you work in, the people you deal with on a daily basis, the issues you have to handle independently, they all are different and distinct. The initial journey is always difficult, nonetheless, they all have their own challenges and benefits. After graduating from law school; my primary interest was to work with a good corporate law firm, either in Delhi or Mumbai. I got a chance to work with two very reputed firms in Mumbai and a brief period to be legal head of a public limited company. However, after working for a few years I realised the quench of working on my own started bubbling up. I remember I had visited the High Court once for a matter related to one of my relatives and after observing the lawyers and court room, from there the idea of starting my own practice triggered inside. It was a very difficult and risky decision to take after investing years into Mumbai and then coming back to Jodhpur coupled with the fact being a first generation lawyer, but somehow I took the plunge. My initial few years as a litigation lawyer were difficult with self-doubts and fear as to who will give me work and how will I sustain; but I also believe that such fear keeps you motivated too.
Mr. Sarswat, transitioning from prestigious firms to independent practice is often a significant milestone. Could you share how your independent practice is evolving, and which specific areas of law are you currently focusing on? Additionally, what qualities do you look for in interns who seek to work under your guidance? Any suggestions you would like to give them?
I practice primarily constitutional writs, civil, arbitration and a few criminal matters too. Public Interest Litigation has inspired me to a significant manner which lead me to file and appear in many such PILs involving public issues around me, where we have been successful to get very favourable orders from Court either as the counsel or as the amicus curiae. We also do a lot of arbitration practice. The qualities which I aspire and look for in anyone who is willing to join litigation is patience, persistence and hard work. There is no shortcut in this profession and if one can maintain that, the sky’s the limit. I firmly believe that every person has a unique journey and the only comparison you should have is with yourself as to what you were one year back in the past. I find young lawyers getting impatient, which is inevitable though, but this is a lifelong building profession and takes time. One has to be well prepared with facts and position of law, latest judgment on the issue involved. If you are sincere and hardworking, you will automatically stand out and become noticeable. If one can manage to do that, one will be picked up at the right time from the right people and the path will appear. Lastly, never be too focused that you miss out little opportunities at the corner of your eyes and if you wish to take litigation as a serious and primary choice of profession, then only join it otherwise don’t start it with as plan B.
Outside of law, what hobbies or personal interests do you pursue that help you maintain a balanced perspective?
I love to read and travel. I believe the more you read and travel, the broader perspective you achieve about various aspects of life. One should have a habit of reading at least 15-20 pages daily, other than office work. I also write and paint at times. Every new place you visit, teaches you a lot about yourself as a person too. I also love running and keeping myself physically fit because a healthy body can only give you a healthy mind. I love to listen to old school music and my favourite bands or artists are U2, Bob Dylan and all time legends Kishore Kumar and Jagjit Singh.
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