Tag: M.Phil

Aditya Swarup, Assistant Professor, Jindal Global Law School on being a Rhodes Scholar, and pursuing BCL & M.Phil from Oxford
Aditya Swarup graduated in law from the National Academy of Legal Studies and Research University in 2010. He was also awarded the Rhodes’ Scholarship the same year, after which, he obtained his Bachelor of Civil Laws degree from the University of Oxford in 2011. He then went on to do his Masters’ degree in Philosophy from University of Oxford in 2012. During his time at Oxford, he focused on various courses such as Restitution, Civil Procedure and Comparative Public Law.

After practicing law for a few years, he took a break to focus on his research and teaching. He is currently working as an Assistant Professor at the prestigious Jindal Global Law School and is serving as the Assistant Director of the International Institute of Higher Education and Capacity Building.

In this interview, Aditya talks about: –
- What made him pursue a legal career;
- His interests and areas of focus;
- His journey towards becoming a Rhodes’ Scholar;
- His views on the Indian Judicial System; and
- What a student must have, aside from academics in order to have a successful legal career.
How would you like to introduce yourself to our readers?

I am Aditya Swarup, currently an Associate Professor at Jindal Global Law School. Before joining academia, I used to work as an associate at a solicitor’s firm in Mumbai, practising primarily in the Bombay High Court and the Supreme Court.

What led you to enter the legal profession?

During my 12^th standard, I cleared the UPSC-NDA exam and SSB interview and was slated to join National Defence Academy, Khadakvasla with the prospect of joining the Indian Airforce thereafter. However, after a lot of thinking, I decided not to join the Airforce. At the same time, given that I had secured only 59.8% in my class 12 exams, I was denied admission by most of the good colleges. Law happened to be one of the disciplines where your 12^th standard marks didn’t matter and all one had to do was to clear an entrance exam. Accordingly, I took a year off and prepared for the law entrance exams for various law colleges (we didn’t have CLAT then) and got through NALSAR.

Would you like to share with the readers any particular instances during your time spent at NALSAR, which helped shape your views about the law?

In or around November, 2008, I had the good fortune of interning with Mr. Tehmtan Andhyarujina, former Solicitor General of India. At the time, he was arguing Selvi v. State, a case concerning the constitutionality of narco analysis before the Supreme Court of India. He had only one junior and involved me extensively in the case. I think preparing for the final arguments in that matter, that went on for two whole weeks, has been one of the best experiences in my life. At the end of my internship, Mr. Andhyarujina gave me the most inspirational talk about litigation and Jamshedji Kanga’s chamber and presented me with a copy of Prashant Bhushan’s book “The case that shook India”, a factual account of Indira Gandhi v. Raj Narain. The book also had a transcript of the Keshavananda Bharti review. It is then that I decided to pursue a career in litigation and Mr. Andhyarujina has helped me ever since.

What are your primary interests in the legal profession? Why?

During my formative years at law school and immediately after, I used to be quite interested in human rights advocacy. To this end, I used to pursue a lot of work in Chattisgarh and other conflicted regions. After my B.C.L, I took a keen interest in commercial law. I was intrigued by common law decisions on contracts, restitution and civil procedure and the manner in which each statement by a Judge in his judgment impacts the law. I have pursued an interest in commercial law ever since.

During your time at NALSAR, what extra–curricular and co–curricular activities, if any, did you participate in? How do you think these activities affected your take away from law school?

Unlike most students during their time at law school, I did not participate in many moots while at NALSAR. In fact, I participated in just one moot, i.e. the Raj Anand Intellectual Property Moot and incidentally, won the best speaker award there. I also debated just once, that too in my final year. However, I spent most of my time writing papers and in research. I feel this interest allowed me to attempt to critique the law beyond what is given in the text book. In fact, the publications have also immensely helped me with my scholarship and post graduate courses.

You wrote your M.Phil dissertation on “Interim Injunctions and Judicial Delays in India”, discussing injunction hearings taking the role of mini – trials in India. Can you tell us something about it?

One of the most significant and engaging aspects of a civil suit is the granting of an interlocutory injunction pending the final decision in the matter. The grant of such an injunction is, in theory, purely provisional in nature, with the objective of maintaining status quo, and in the hope that a party doesn’t suffer from irreparable harm. However, in most circumstances, such injunctions are maintained for the entire length of the suit, the length of the suit then itself being a critical issue. A final determination of a civil suit in India can take anyway upwards of 7 years. This poses a peculiar predicament to the Indian legal system in the sense that though an interim measure is merely meant to be provisional, since it lasts the length of the suit, it achieves a sort of finality- an unintended and inevitable consequence. Considering the predicament that currently plagues the Indian judicial system, i.e., an insurmountable backlog of over 300,000 cases, interim injunctions, instead of serving its purpose now merely serve as a clog in the judicial system.

In light of the above, I studied the relationship between judicial backlog and interim injunctions, culminating in a phenomenon that has acquired the term ‘mini-trials’- where the court conducts a thorough examination of the merits of the case at the interim stage so as to dispose the matter. A similar situation existed in England in the 1960’s and 70s, and I sought to examine the lessons learnt from that experience and the viability and desirability of mini trials in tackling judicial backlog in India. As part of my research, I studied every reported case on interim injunctions in India.

What is your opinion of the current proposals to reduce judicial backlog? From which country/countries should India draw inspiration to solve this issue? Why?

I believe that the solution to reducing case pendency is not to merely increase the number of judges but to bring about structural changes in the system. Unfortunately, most authorities, including the Law Commission, and lawyers stress on increasing the number of courts and judges to reduce case pendency.

We should be mindful and borrow from the American experience. A series of suggestions were made in 1959 in the United States to address the increasing case load. The reforms that made their way out of these suggestions were primarily aimed at increasing the number of courts and judicial officers. The result however, was contrary to what was expected. The records showed that the caseload actually increased subsequent to the implementation of the reforms. This consequence has been explained by the renowned American Judge Richard Posner who rightly argued in a landmark paper that “reforms” increasing the number of judges and courts would only have an ad hoc effect. While being initially effective, in the long run, realising the efficacy of the legal system, it would merely result in more litigation. To buttress his argument – he drew upon a rather unusual analogy – while initially a new highway would serve the purpose of easing out traffic, road conditions would in fact induce people who had previously used other modes of transportation, to switch to driving. This would only result in leading to greater congestion. In this light, merely increasing the number of judges or courts is not going to be enough to tackle the predicament plaguing India’s judicial system – one must also address institutional changes and the culture of litigation prevalent in the country.

The measures to reduce judicial backlog should also include the introduction of information and communication technology (ICT) support systems, developing online procedures for the filing of documents, notification of court dates, periodic reminders for submission of documents, service of documents via email and the like with an aim to have time bound litigation. A judge ought to decide cases and not allot dates. It is also important that we implement the procedure of costs following the event as provided in the CPC.

In the year 2010, you were awarded the “Rhodes Scholarship”. How much does one have to achieve in order to be awarded such an esteemed scholarship? How did the scholarship benefit your professional career?

The Rhodes Scholarship, unlike other scholarships, looks at the all round achievements of the individual based on criteria of academics, co-curriculars, leadership, social services and sports. In this sense, I believe that the Rhodes Scholarship is not just a scholarship to study in Oxford but a process and an experience. A process, in the sense that the very process of applying for the scholarship and meeting the various criteria helps one reflect on their life and achievements. An experience, because once you join Oxford, you are amidst a community of highly qualified achievers and even interacting with them is inspirational. I made some great friends amongst the other scholars. As regards my professional career, very few people in India and more particularly, the Bombay High Court were aware that I got the Rhodes so it didn’t matter.

What is the primary purpose of the site, Something About the Law?

(Aditya is currently the owner and author of the website, Something About the Law)

Something About the Law was a blog that was started by my classmate Arun Mohan and myself while at law school. We used to write on various public policy and social issues from time to time. The idea of the blog was not merely to spread awareness about certain legal issues but also to individually hone our respective writing skills. To this end, I think the blog greatly helped me critically analyse various legal issues. During our penultimate year at law school, we started the Socio-Legal debates – the idea being that we would get distinguished speakers to fly down to NALSAR and debate with each other on issues with the entire debate being streamed online. We secured sponsors for the events and enjoyed packed audiences.

Many a people in the legal practice are awestruck when they look at your long list of publications. Do you have any advice for any of our readers who might be interested in having their research papers and articles published?

Haha. I am quite perturbed by the fact that students rarely read full cases or books now a days. If any research needs to be done, one instantly looks at online databases rather than open an authority on the subject and read the entire chapter. In fact, I myself used to do this while at law school till I was told by senior lawyers and well-wishers to read full cases (not just paragraphs or head notes). The utility of opening a book and reading all that is written about an issue, including its theoretical underpinnings also acts as a revision and strengthens the foundations of the reader. On the other hand, merely searching for a point of law online lacks these aspects.

I believe this practice continues to help me in my research and understanding of the law and I would advise the readers to develop this habit, irrespective of whether they are interested in research and publications.

You have recently taken a break from practicing law to teach and pursue research. What made you take this break? What are you currently focusing your research on? What are your views on the topic?

I’ve taken a break primarily to strengthen my own foundations in commercial law, primarily contracts and commercial remedies. I am currently researching on the area of commercial remedies, i.e. injunctions, damages for breach of contracts, specific performance and trust based remedies (a largely ignored subject in India). One of the projects I’ve undertaken is to chart out a theory of damages in India. I’ve also taken a “break” to see if academia is my calling.

Would you like to share any views on the state of legal education in India?

There are a few disturbing aspects about the state of legal education and the profession in the country. Each of these stem from the fact that the legal profession in India is largely unorganised.

First, it is quite tragic that even though we have only about 15 National Law Schools and about 5 other good legal institutions (20 in total), we cannot get adequate faculty to teach in these law schools. I was quite disturbed to read online that students at HNLU Raipur and NLU Assam were constrained to protest because they didn’t have adequate faculty or facilities. What was even more disturbing is the report that students at NLU Ranchi were asked to write their end-semester exams without being taught the subject. This points to an alarming trend in legal education.

Second, and on a related note, not much is being done to attract talent into academia. A lot of students from national law schools are now pursuing LLMs, M.Phils and Ph.Ds. In fact, as of today, about 35 people from my batch of NALSAR itself have completed their Masters from reputable institutions. However, there is hardly any incentive, monetary or otherwise, for many of these students/alumni to get into academia. If one spends lakhs on their Masters, it is likely that they would need a job that can help pay off the loan. It should not then be expected that such person will join an institution that pays little.

Third, despite graduating from most of these law schools, it is hard for the students to get jobs. This stems from the fact that the legal sector in India is largely unorganised and it is still hard to make it within the system if you don’t have any support/backing. Any organisation only exists in the law firms where one can be said (though some believe it exists here too) to be recruited on the basis of their competence. However, the supply of graduates from the national law schools and other reputable institutions largely overshadows the demand at the law firms.

I believe that one of the advantages of a law degree is that there are many career options available to a lawyer after graduation. One may consider a career in litigation, law firms, corporates, human rights, the NGO sector, public policy, UPSC, the UN, journalism and the like. Legal institutions must capitalise on these advantages and help students diversify their career options after law school. At the same time, institutions like the Bar Council of India must strive to organise the profession in such a way that one isn’t disadvantaged because he or she doesn’t have a mentor or any backing in the profession.

Finally, what is your message for our readers, most of whom are college students?

The law school curriculum is structured in a way that exposes the student to many facets of the law. However, one notices that the moment a student joins law school, he or she is focused on joining a corporate firm, UPSC or the like. While it is good to be ambitious and have a plan, the student must not shut out his or her options. It is beneficial to be exposed to different areas of the law and then make a decision on what line to pursue. Students must also pursue research.
July 8, 2016
Tarunabh Khaitan, Associate Professor, Oxford Univ, on pursuing BCL, M.Phil and D.Phil from Oxford, being a visiting scholar at NYU
Dr. Tarunabh Khaitan is an alumnus of the 2004 batch of NLSIU, Bangalore and a recipient of the prestigious Rhodes Scholarship. After completing his masters (BCL) from Oxford University, Tarunabh decided to pursue higher studies, he completed his M.Phil and D.Phil from Oxford in 2007 and 2010 respectively. Tarunabh is an Associate Professor at Oxford currently, he teaches Constitutional Law and Jurisprudence to undergraduates, Discrimination Law to graduates, and supervises research in his areas of interest.

In this interview he talks about:
- Studying at NLSIU and at Oxford.
- Building a profile and SOP for pursuing further studies at the best universities.
- A bit about the
- His experience working as an Associate Professor at Oxford and as a visiting scholar at New York University.
How would you like to introduce yourself to them?

I am an academic working on law and legal theory.

Did you have lawyers in your family or in close proximity? How did you come to touch with law?

I don’t have any lawyers in my family. Where I grew up law wasn’t something one aspired to. A more urbane cousin passed on the law school prospectus and I gave it a go—entirely serendipitous. This chanced encounter with the law motivated my discussions with Shamnad Basheer on the need for diversity in law schools. I am very pleased to see his dynamism and energy in taking the IDIA (Increasing Diversity by Increasing Access) project from strength to strength.

How was your law school experience at NLSIU? Do you recall your first day at the Halls of Residence? Would you like to share any observation/memory from those days?

I loved my time in law school, largely because of the friends I made, and because that is where my political education happened. My politics and history classes and my internship with Aruna Roy’s Mazdoor Kisan Shakti Sangathan (MKSS) early in my law school career were particularly instructive. These early influences have continued to shape my thinking and career ever since.

I don’t recall my first day at law school, but I was probably very nervous and convinced they made a mistake in letting me in. Everyone else seemed cleverer. In hindsight, despite many positives, I don’t think law school challenged me enough academically. With some honourable exceptions, most courses required minimal effort, and reading cases or articles was entirely optional. I got a lot out of those five years and wouldn’t change that for anything else, but Indian law school needs to do a lot more to deliver on their primary mission of teaching law to young minds, and to help them think independently about the law.

What were your areas of interest during your graduation? How did you go about developing expertise and knowledge in these areas?

I was interested in public law and human rights law. My interest in these fields has continued, although I engage with them through a theoretical lens mostly.

How do you think a law student can build up his profile to get through to top-notch universities like Oxford? What should one do differently in college if he wants to pursue higher studies after graduation?

Most people in law school are very clever. Effort and motivation is the main thing that makes a difference. Most postgrad universities care about academic excellence alone. If you want to join the academy, more important than strategically designing your profile is to have a genuine love for scholarship—if you have that craving, you are likely to do the right things. So it is useful to ask yourself why you want to join the academy, what you think the role and purpose of a university is, and whether and how your personal goals interact with the point of scholarship.

That said, investing in learning how to write well can help. Indian law schools typically require you to do a lot of writing, but good feedback on improving your style, structure, argument and content is rare. I learnt the importance of clear, simply-communicated scholarship during my time at MKSS rather than at law school. To paraphrase a conversation over a dinner with Aruna Roy some 15 years ago, I remember her telling me that a polity needs good scholarship, but one that is readily intelligible. It was an important lesson.

What was your area of study during your masters at Oxford? What was the academic pressure like and did you find time to engage yourself in other activities?

I focussed on jurisprudence, human rights, constitutional theory and the penal system for my BCL. My doctoral research was on discrimination law theory, which was eventually published by OUP last year.

How did you take the decision to pursue higher studies? How did you go about choosing the programme and the university?

Like Edward Said, I believe that the role of an intellectual is to speak truth to power. It is the truth-seeking purpose of scholarship that underscores the importance of academic freedom. As for choosing Oxford, I got a scholarship to go there: that mostly did it.

What was your first reaction on learning that you are being awarded the Rhodes scholarship? Do you recall the first few days and the interview?

I was very happy, as one would expect. It has been a while (more than a decade), but I think most questions were character-oriented.

How did you go about writing your résumé and most importantly, your Statement of Purpose?

Not sure what résumé I submitted then, but I have come to realise the importance of short résumé, no more than one and a half sides. Selection panels include busy people, who have little more than a few minutes to make an initial judgment. Be kind to them, give a clean, professional résumé with your most important achievements. For the SOP, get as much feedback as you can on early drafts—from friends, family, professors, anyone whose opinion you care for. Make every sentence mean something. Keep it direct, personal, and honest. Don’t do platitudes.

What would be your advice to our young readers who would like to apply for Rhodes scholarship in future? What all does it take to have a brilliant profile good enough for the Rhodes?

I don’t think there is a formula. Rhodes scholars are a very diverse bunch, and there are many different ways to succeed. It is also important to remember that while the Rhodes Scholarship is valuable, it is not the only available door. While the role of luck cannot be discounted, if you have worked hard, something worthwhile should turn up. Being at an elite law school is already a position of immense privilege, one that secures opportunities not available to many others.

How was your experience at Oxford? What are the classes and professors like? Are the classes more interactive?

Oxford undergraduates are taught mainly in tutorials where 2 students meet a tutor for an hour once a week to have a pre-submitted essay dissected in detail. The contact hours are few—an undergraduate student typically gets 12 hours of tutorial in total in an 8 week term. But the intensity of exposure is staggering: there is no place to hide, not for the student, nor for the tutor. Lectures are mostly optional and students choose to go if they like the lecturer. Graduate students are mainly taught in larger seminars of 10-15 students, although they also get a limited number of tutorial exposure. The mainstay of the student experience here is the astonishing amount of self-study expected from students. A typical undergraduate student will normally read about 6-10 cases and 4-8 journal articles every week—graduate students read even more.

How rigorous was the academic schedule? Would you say a doctorate from Oxford can help make a good grounding for a career in academics?

Research students don’t have any schedule, it is really important to be self-disciplined and be passionate about your research to keep going. Research can be a lonely and daunting process, and your relationship with your supervisor is the key. I was lucky to have a great supervisor in Nick Bamforth, I also know people who were less fortunate. A good doctorate is increasingly becoming absolutely essential to a career in legal academia. I would recommend prospective research students to make early informal contact with potential supervisors. Doctorates in the UK tend to take a lot less time than they do in the US.

How is your experience of teaching at Oxford? Which subjects do you teach? How are the current batches of students whom you teach?

I currently teach constitutional law and jurisprudence to undergraduates, discrimination law to graduates, and supervise research in my area of interest. I find that teaching feeds into my research in interesting ways, and with the best students, I frequently learn as I teach.

Do tell us more about the Global Research Fellowship Scheme, 2016 and your experience at NYU.

I am on sabbatical for the rest of this calendar year. I am currently visiting the law school at the University of Melbourne, and plan to spend a few months later in the year at New York University. It is just a time to get out of Oxford, learn a bit about how things are done at other universities, and get some research time without the pressures of teaching.
April 22, 2016
Subhradipta Sarkar, Assistant Professor, ITM Law School, on research acumen and being an academician
Subhradipta Sarkar graduated from Calcutta University with a BA LL.B degree in 2003. He then specialised in Human Rights Law while pursuing his Masters at National Law School of India University, Bangalore. His internships include the National Human Rights Commission as well as the United Nations High Commissioner for Refugees. Before becoming an academician, he worked as a Law Research Officer at People’s Watch, a human rights NGO where he worked for around two and a half years. He also had the opportunity to work as a Lecturer at BILS and as Assistant Professor at MATS Law School.He is currently teaching at ITM Law School, while pursuing a Ph.D from NLSIU on Crisis/Emergency/Disaster Management.

In this interview he talks about:
- Specializing in Disaster Management and Human Rights
- Working at People’s Watch
- Being a teacher and academician
Tell us a bit about your childhood and pre-college life as well as educational background.

I hail from Balurghat, a small town in West Bengal. I am the only child of my parents. Incidentally, my father is a lawyer who has a long experience of practice in the District Court. My mother was a strict disciplinarian and was very concerned about my studies and future. And today whatever I have achieved, I owe a great deal to my mother’s sacrifice and tenacity during my school days. I went to a Bengali medium Government High School. During my school days, my reasonably decent academic achievements might have prompted my mother to dream of me becoming a doctor. To be honest, coming from a small town with no concept of career counselling I am not sure whether I was geared up for a career as a doctor. However peer pressure and family pressure compelled me to go ahead. Fortunately and expectedly, I failed to clear the medical entrance exams. Otherwise I could have never gotten the opportunity to study law.

How did your interest gravitate towards law?

I never found interest in the core science subjects even though I continued to score marks. I was more interested in debates and reading newspapers/magazines for enhancing general knowledge. I always wanted to utilise my interest in pursuing my studies. Of course, I never got encouragement from home in pursuing law despite coming from a lawyer’s background. I remember when I first expressed my wish to become a lawyer, my mother started crying. My intuition told me that I would enjoy this course and I went ahead on my chosen path. Since then, I have never regretted for that decision.

Having graduated from Calcutta University and pursuing LL.M from NLSIU what were your areas of interest? How did you go about developing expertise and knowledge in these areas?

My graduation from Calcutta University is B.A.LL.B. without any specialisation. However, I found interest in IPR and Corporate Law. After clearing NLSIU Entrance Exam for LL.M., I got myself registered as a Corporate Law student. While doing a book review as an assignment in Research Methodology in the first semester, accidently, I picked up Neera Burra’s book Born to Work: Child Labour in India and that changed my interest and vision altogether. This book prompted me to read more books on Human Rights. My interest in Corporate Law diminished and I wrote to the PG Council to change my specialisation to Human Rights Law. Subsequently, I went on to have invaluable experiences interning at National Human Rights Commission and United Nations High Commissioner for Refugees. Particularly, the UNHCR internship provided me with practical exposure to deal with human rights issues including interviewing Afghan refugees through interpreters. This was something I have always treasured. In fact, my LL.M. dissertation is on refugee law.

Before becoming an academician, you worked as a Law Research Officer at People’s Watch, a Human Right NGO. How was the experience?

Excellent. Working at People’s Watch gave me an edge which many of my counter parts in academics never got. While doing my LL.M., I wanted to work with UN agencies and for that I wanted to start in the real world with Human Rights NGOs. Professor Vijayakumar recommended me to People’s Watch. Hence, it was kind of campus placement for me. I ended up in Madurai. I was extremely fortunate to work under the guidance of Mr. Henri Tiphagne, who is the Executive Director of the organisation. He is an extremely good strategist, with superlative oratory and writing skills and one who knows the law very well. I am thankful to him for shaping my early career. I had the opportunity to work with some socio-legal issues like the STF (constituted to nab Veerappan) violence, caste atrocities, custodial violence, post tsunami relief and rehabilitation, etc. Had I not gone for that job, I would never have the opportunity to witness the actually working of law in the real world.

How did you decide to go into academics?

After working for a couple of years with People’s Watch, a few things were bothering me as I was increasingly getting annoyed at the donor driven agendas of NGOs. Secondly, eulogising hardcore criminals and advocating for their protection of human rights were somewhere pricking my conscience me as I believed that it was a partial view of the entire truth. Furthermore, I was also not visualising long term growth in my career by confining myself to Madurai as I neither had roots nor knew the local language. I was getting suffocated by work with predetermined agendas and wanted to express myself more freely and independently. Those things prompted me to leav Madurai and migrating to Bangalore to join academics. Additionally, I always felt that many teachers cared little for our issues/problems from our perspective rather they imposed theirs on us. They did not travel an extra mile in making studying law easier. I wanted to change this attitude and that is only possible if I take up teaching.

What do you like best about teaching at ITM Law School? Which subject(s) do you teach? Which one interests you the most? Why?

ITM is a very professional organisation. There is always a pressure to achieve more as they always push you to go further in enhancing your academic capabilities. There is academic freedom with accountability. I teach Law of Torts and Jurisprudence. This semester I am offering a course, namely, Disasters, Development and Human Rights, to LL.M. I like teaching Jurisprudence.

This is a subject which law students generally hate and I like the challenge to make an all out effort to make them love the subject. I feel that if one can understand the fundamentals of law then understanding any kind of law will never be a problem. I am glad that every year I have been successful in influencing a bunch of students to study the issues analytically utilizing legal theories of various jurists. I even started a Facebook group called ‘Jurisprudence for Fun’ where I post many legal news and opinions. I encourage students to comment on them. I also have a Whatsapp group with students where I discuss about many legal problems outside the class hours. They help me to stay connected with them.

You have authored various papers in many reputed Law journals. What role do publications play in the life of an academician?

I strongly believe in the saying for academicians: ‘Publish or Perish’. This is more appropriate for law teachers and researchers. Unlike our counterparts in engineering or medicine, we do not have labs or equipments for demonstrating our research skills; and therefore, publication is arguably the best method to demonstrate our novel ideas. One example I may provide from my own experience. In 2006, I published a critique of the Disaster Management Act, 2005 in Economic and Political Weekly. This was well-taken by many and brought recognition to me because at that time very few scholars had researched in this emerging area from legal point of view. The article was even cited by the 2nd Administrative Reforms Commission in its report on ‘Crisis Management’. It enhanced my interest in the area too. Subsequently, I was asked to do a book review and write monographs in disaster management. I did my M.Phil. in the area and now I am also pursuing my Ph.D.

What, in your view, are the few most important skills that law students should strive to acquire in order to write research papers effectively?

Good oratory and writing skills are sine qua non for a good law student. When you write you tend to think logically in an organized manner and endeavour to make others understand and appreciate your contribution. Keep those things in mind when you write a research paper. You can write in any area of law you have interest. Just don’t write for the sake of writing or to add a line in your CV. The reason is that if you have interest in an area, you tend to undertake elaborate literature review to find the missing links to contribute. Then focus on one problem in the area and go ahead with the same. That’s the way you develop expertise. I have come across academicians who write in numerous areas – from space law to land law. They add up to their publication number list but I don’t find them in contributing meaningfully in any area and they are not considered as ‘experts’ in any of them. So limit your areas of research and expertise because that is actually feasible for most of us.

In the meantime, you managed to pursue Master of Philosophy in Crisis/Emergency/Disaster Management from NLSIU. When did you realise the importance of an M.Phil. in your professional profile?

M.Phil. happened to me by accident. I was involved in various field researches in post-tsunami context. At the same time, law and policy regime in India regarding disaster management was in its nascent stages. So, Prof. Vijayakumar of NLSIU advised me to put down all the work I was doing in form of academic work. I went on to comply with his advice. M.Phil. helped me in numerous ways. Besides adding an academic degree, while undertaking the research, I read significantly about various aspects which certainly enhanced my knowledge. It also laid the foundation and encouragement for further research including my Ph.D.

At present, along with teaching at ITM Law School, you are a Doctoral Candidate at NLSIU. What made you pursue a Ph.D.?

Most importantly, Ph.D. is essential for promotion in academics as per UGC norms. There is also a demand for good law teachers with Ph.D. Besides career advancement, I wish to make a genuine contribution in disaster management – an area in which I have developed keen interest. Moreover, there is no book available in India from the law and policy perspective. I aspire to become one of the earliest and meaningful contributors in this regard.

What is your topic of research for Ph.D.? What was your motivation behind the selection of that topic?

Natural disaster management and implication of international law. As already explained, I have worked in coastal areas of Tamil Nadu after the Tsunami of 2004, wrote research articles and monographs on this issue, and pursued my M.Phil. in this area, so it became an obvious choice.

How do you manage your research for Ph.D. with your work?

It was a bit difficult and stressful. I try to utilize the time after a day’s work. Working for few hours every day is helpful. I have certain plans to do some empirical research during the holidays of the university.

Describe an outstanding teacher. What do you think makes this educator outstanding?

The most important quality of an outstanding teacher is command over the subject. Essential qualities includes excellent oratory skills, ability to explain very difficult concepts in a lucid manner, approachable, good understanding of students’ psychology, and fiercely impartial in judging students’ affairs. He must be an inspiration for the students to follow in their lives. I have come across few teachers, especially Prof. Vijayakumar, Prof. M K Ramesh (both from NLSIU), Prof. Shanthakumar (my mentor), whom I consider as outstanding. May be each of them did not possess all the qualities that I have mentioned but indeed I learnt a lot of things from them and I have endeavoured to put them in practice in my case.

Do you think students should behave with the professors like friends, or is it necessary to maintain a disciplined environment to create a good classroom environment?

Both are important. While friendly relationship is required in facilitating the students in asking questions and clarifying their doubts without any inhibitions, maintaining a disciplined environment is also important. Students have to realize that probably a true teacher is the only person other than their parents who selflessly strive for their successful future. The only thing we look forward to in return is respect.

What do you think is wrong with public education today?

Where is public education? Everything has become private. Be it school or college, it has become so expensive that public cannot afford it. Despite being state institutions, even the National Law Universities charge through the roof. I would have expected the State to pump in more money in education so that more and more students from the middle class get an opportunity to get the highest quality of education. Otherwise in a wrong run, we will lose many smart brains only because of enormous educational fees.

Also do you feel any changes need to be introduced in the current legal education system of our country? What do you, as a law professor feel has scope for improvement?

More emphasis should be given to the component of clinical legal education in all subjects. Teachers must be given credit hours of teaching for their involvement in such activities and students should be assessed for their part in such activities. As of now, Drafting, Pleading and Conveyance, and Professional Ethics are considered as clinical subjects which essentially become taught courses. Besides, the simulation exercises are included which are not concerned with real cases. Rather, I would prefer students being attached with legal services authorities assisting the courts, consumer forums, government departments, public bodies in dealing with legal problems or even paralegal works in various fields and that would have a social impact. Otherwise, whatever we do in the law schools have no impact outside the boundaries. And if we can formally integrate them in the course curriculum, then it would not be left to few enthusiastic students but the whole student community would be involved.

Any important things which law school didn’t teach you but ‘teaching’ did?

Law school helped me to comprehend any legal topic for my own consumption alone but as a teacher, I have to put myself in the shoes of almost all the students including the worst student in the class. Now I have a responsibility for the performance of the entire batch.

What are your long-term goals? What do you plan to accomplish in the coming five years?

First of all, I aspire to complete my Ph.D. Then I would prefer to leave academics for a while and go and work in the field for any governmental/non-governmental/UN organizations dealing with disaster management. Subsequently, equipped with considerable practical knowledge, I want to come back to the classes. I guess such amalgamation of theory and practice would make my lecture delivery more meaningful and real.

What would be your advice for law students who want to take up the profession of teaching?

Take up teaching only if you have a passion for it. You should be prepared to learn throughout your life and study systematically for that. Well-read teachers are revered the most by the students. No part of the subject which you are going teach can be earmarked as more or less important. Students may ask you anything to quench their thirst of knowledge. Be bold to admit that you don’t have an appropriate explanation for a student’s enquiry. Come out of the class and try to find the answer. Relax, you are not God but a human being after all. Don’t try to trick the students through elusive explanations. They will soon find out the truth and paint a negative picture of yours. Remember, teaching is a unique job where you will primarily be apprised all your life by people who are junior to you in all aspects. You need to be an efficient manager to control a diverse group of students who are in the class for varying reasons. If you fail to manage the class, you will always be a failure despite all the knowledge you may possess. And never hesitate to act in just and fair way, even if it makes you unpopular for time-being, you will always gain in a long run.
April 7, 2015