Ketan Mukhija graduated from NALSAR, Hyderabad in the year 2007. He has worked in foreign law firms like Jones Day and Herbert Smith. Thereafter, he returned to India and worked with two Indian law firms at responsible positions. At present, he works as the Senior Vice President (Legal) of SREI Infrastructure Finance Limited, one of the largest infrastructure financing firms in India.
In this interview Ketan talks about:
His career trajectory from working in US & UK and then to India
Working in an in-house position as a career option for young lawyers
Structure of an in-house legal team in a large company
Role of an in-house counsel
Skillsets required to work in an in-house position
Click here to read our earlier interview with Ketan.
Please share with us your journey so far.
It is has been a fascinating journey so far.
After graduating from NALSAR, I started working in the western hemisphere and slowly and gradually, moved towards the eastern. I commenced my career with a firm called Jones Day which is an International Law Firm (ILF) based out of the United States, and has multiple offices across the world. I was working as part of the Merger & Acquisitions and Strategic Alliances team there. Thereafter I moved to Herbert Smith Freehills (HSF) in London. I got a dual qualification to practice as a solicitor in England & Wales within the United Kingdom.
At HSF, I was working with Equity Capital Market Division, and got an excellent opportunity to work on big transactions. I was involved in the acquisition deal of Land Rover and Jaguar by Tata, which was a tremendous experience. While working for HSF, I had also advised Bradford and Bingley, which is UK’s biggest buy-to-let lender. The recession had just set in, so we represented and advised Bradford and Bingley on tracing of capital, drafting of prospectuses and related documentation.
Thereafter, owing to personal reasons, I had to shift to New Delhi where I worked for a relatively short stint with two firms, Vaish Associates and Luthra & Luthra Law Offices in senior positions. It was a good experience because working for Indian clients was different where the work areas are generaI as far as the corporate area is concerned. In US and UK, we have very focused and super-specialized areas. In Indian firms, you pretty much pick up a generalist experience and set of transactions. Accordingly, the major areas that I worked on included corporate restructuring, PIPE transactions, private equity, banking finance and energy infrastructure. Overall, I got a good all-round experience at both firms following which I got the opportunity to work with SREI Infrastructure Finance Limited as the Sr. Vice President (Legal, Corporate Strategy and Planning).
SREI Group is one of the largest infrastructure financing conglomerates in India, having assets worth USD3 billion approx under its management and with almost over hundred entities as sister concerns. It is a huge group which is being held and managed under the auspices of the Kanoria Foundation.
Many young lawyers want to become in-house counsels and are opting to work as in-house counsels directly after law school. How do you see this as a career path?
There are a few things which we have to bear in mind. There is some form of uniformity and inconsistency in terms of working in law firms. On the other hand, an in-house counsel has to be flexible according to the organization he/she wants to work with. In the M&A division or capital markets division of any other big firm, the type of work is somewhat on similar lines, depending on the transaction at hand. However, each company has a different structure. The philosophy of a company, organization, structural configuration and the hierarchy will be very different from that of a law firm. Before I shed some light on the content side or the method side, a word of advice for people who aspire to be an in-house counsel, they should do some background research on the type of company they want to work for. In the past, companies used to look for a person who had 15-25 years of experience in the same industry. However, that is changing. Young lawyers are being recruited by companies who are creating immense value and changing the traditional setup.
It is important to note that, as an in-house counsel, you must know that your role will be more than just a legal adviser; you will be given a much-diversified responsibility which may not be strictly legal in nature. Here, the client is your financial team, commercial team and you are not catering to the entire world but ensuring that there is organic or inorganic growth within the organization, and you undertake the roles of a dispute preventor, cost controller and the right business partner in the literal sense. So, you should keep all the aforementioned points in mind before joining a company as an in-house counsel.
If you want to generalize the structure of an in-house legal team in a large company, how will you do that?
With the caveat, that no two organisations have the same structure. I would like to give an example from the structure in the SREI Group. Under SREI Group, for every legal entity, there is a corporate legal and corporate compliance at each level because the regulator mandates these. A listed company needs to comply with several regulations by different regulators. There is constant interaction with Security Exchange Board of India (SEBI), which supervises all major activities of a company. If there is an acquisition or a potential change in the management of a listed company, everything has to be regularly and periodically intimated to SEBI and the stock exchange where the company is listed. Therefore, the compliance divisions ensure the conformity with the regulators and the RBI. The SREI Group is regulated by the RBI as an infrastructure finance company (IFC). So, we have a lot of interaction with the RBI on fairly regular basis. It is crucial to have a compliance division to ensure that we comply with the existing legal and regulatory framework.
Almost all companies have a risk management team. The risk management team usually takes the form of an internal audit or a legal audit division. As a company with multiple associate/subsidiary entities, it has to ensure that the internal contractual arrangements and shareholding is managed properly, and there exists a system of checks and balances between the various entities at all levels to ensure that you are minimizing risks at every stage. So, the risk management division assumes a lot of importance.
There is also a corporate legal at each entity level. On a daily basis, in an operative contract division, there are employment contracts, non-disclosure agreements, term sheets, securities documentation, memorandum of understanding and collaboration agreements which the corporate team needs to look at and thoroughly negotiate with the counterparties.
A financial institution has many recovery matters, possession matters, civil matters, DRT matters, risk management, compliance, internal audit, etc, so it is important to have a robust litigation division.
Moreover, at the group level, you have a strategy and planning team that drives and co-ordinates with all the aforementioned divisions. It is the strategy team which drives the processes substantively across these 4-5 teams. The set up is mature in our organization but it varies with every organization, but this is typically what I have seen in Indian multinational corporations.
What is the role of an in-house counsel in an organisation? How is it different from working in a law firm?
The role of a general counsel is in the nature of a true business partner who works as a i) preemptive risk mitigator, ii) cost controller for legal expenses and iii) remedy agent in case there is a legal issue. A General Counsel has a role which is similar to a general physician, who would identify the issues in hand and should be able to guide the business functions in a right direction in case of any legal issues, rather than implementing every function himself/ herself.
It is important to understand what the scope, ambit and role of an in-house counsel look like. There can be various divisions and verticals in the legal department. You have to involve yourself in the strategic decision-making process of the organization and for that, you need to know the legal risks and help streamline the processes within the organization to ensure that the key issues and the legal matters are being monitored and scrutinized. Then you have to take the strategic decisions keeping in mind the philosophy and the interests of the organization. So one of the key things is actual to be in coordination with the management of the company or the business heads of the company to ensure that all the decisions are taken by keeping in mind the legal risk that can potentially arise. You have to work on commercial transactions with external counsels and law firms to help us on an ad-hoc or retainer basis. If you have a defined skill set, you have to wear the business hat and think like a business head and try to create value at each step. It is important that as an in-house counsel, you should have the ability or skillsets required to set up the right structures to achieve a high level of operational efficiency and continuous improvement of organization and business, the methods ensuring incorporation of the best practices, creating awareness, development of functional centres of excellence and the ability to work under pressure. As an in-house counsel, you should be in a position to handle critical issues which are sensistive or confidential in nature. You have to be fully equipped, informed and in a position to handle that. So the idea is to integrate the legal advice with the business requirement and create value for the organisation. A person has to be a generalist, must have good grasping power, has to be flexible because litigation can change colors tomorrow. Working in an in-house role can be very different from working in a law firm. In a law firm, you might work on one area of law throughout your life, but the variety of work in an in-house function is extremely wide. You have to be very flexible and good to learn and grasp so that you can learn about the collaboration between the corporation office and various group companies optimizing the value of the corporate entity.
What are the skills sets required to become an In-House Counsel?
The skill sets have to be both technical and soft skills. You must have the judicious amalgam of the soft skills as well which is very much required because you will be dealing with very stringent timelines and some unexpected kind of pushbacks. When you are dealing with non-lawyers and people from other departments, you will have to be slightly more versatile and more efficiency oriented to ensure that they understand the tone of your language. It is important that you understand both their business requirement and you convey your legal provisions. This is one of the key skillsets that one must possess if they want to work in an in-house role.
The organization will go on forever, and no person is indispensable in an organization. So it is important to standardize the procedure and processes in line with the business requirements to ensure efficiency and seamless delivery of advisory legal opinion. It is important to have standard points, or starting points or denominators or basis, wherein the position or philosophy of the company is clearly laid down. Those philosophies guide the operations and decision making over the years. So standardization and uniformization are very important.
It is also crucial to have the ability to drive the processes, because deriving economic value and savings for the organization by bringing in the subject matter expertise and skill sets can only make meaning when you have a high level of operational efficiency.
For example, if a company wants to embark on an M&A transaction, the law firms will be doing a set of documentation, the technical team and other teams will be doing their own due diligence and submit their report. Everybody has his or her compartmentalized job of work customized to the transaction. However, as a sole point of contact with all stakeholders, you as an in-house counsel should be able to soak all the information from everyone, give it the right shape and ensure that they mold and cast well in the framework that you want.
You need to stay updated with the latest changes in the position of law so that you can give the best perspective advice from a commercial perspective to the top management.
What should be the role of a legal head in case of a regulatory vacuum/ grey areas in law?
While advising the business verticals to act on areas where there are regulatory vacuum or grey areas, a general counsel has the role to pre-empt the risk in a calculated manner and put the same before the business verticals. However, in cases where the existing legal framework is inadequate or fails to meet the current market scenario, it will be important to put forward the problem with the government agencies, either through industry bodies/ associations like ASSOCHAM or individually. Whenever a new law is proposed, generally the government provides a window period of 60-90 days during which the stakeholders can voice their concerns about the new law. It is important that the problem or concerns are clearly identified and proposed solutions are put forward in such cases. These solutions can be based on industry best practices around the world or based on ground realities or the market sentiments.
Please give your views about the trend in the Indian companies on having a large in-house legal team.
The trend is towards having a robust in-house function as well. The mantra of any firm is to increase their revenue and decrease the cost. I think having a robust in-house team works much better for me than hiring a law firm every now and then because that is an expensive affair. If you have a good in-house team, then the cost can be curtailed quickly and to a large extent. Because, when you talk about International Law firms, for a simple agreement they will charge you huge amounts. Now, if you have equipped lawyers who have global exposure and are good negotiators, I think they can play a role both in increasing revenue as well as cost preventers to a colossal extent. It is important to have in-house experts in finance, investment, taxation laws who can form the right opinion. One can take help of external consultants, when the volume is huge or when the work needs to be done at different locations, and it is not possible for the internal team to be present at different places. The idea should be to ensure that the person understands the business because that is where it adds value. Consultants will come as an outsider, but here you know the aspirations and expectations and can lead the best optimal advice. So I think the trend is very encouraging, fruitful and also sinks with the simple market logic. It aligns the incentives and disincentives of the promoters. So it is a market-driven kind of move.
Is there any other aspect you would like to add on to the discussion?
The role of a General Counsel or a Senior Corporate Counsel is also that of a behavior analyst of the corporate systems. Now there are so many rules to manage the entire litigation, rules to manage the complete compliance kind of platform, rules to administer the contracts. You have to make use of the technology, behavioral skills, core competencies, evolve right system of checks and balances within the organization, and I think that’s the requisite kind of skill sets. and I can probably end by saying that today’s evolving business scenario in the changing market, the role of a corporate counsel is very meaningful in the sense that they are becoming the true partners of the business unit and the company and, to drive the strategy towards higher growth, development, higher bottom lines and top lines. The role of a General Counsel is critical because he work at every stage with CFO, CIO, CMO, and CTO and acts as the point person for the top management. It is important that he gives the right advice to the top management which would drive the strategy for the company. In today’s scenario the role of a general counsel looks very promising.
Sagar Singamsetty did his undergraduate law studies from NALSAR University, Hyderabad in 2003 and his LL.M. in air and space law at the University of Leiden, the Netherlands, in 2006. Having a passionate interest in the highly niche field of air and space law, Sagar has, right since the beginning, fearlessly tread off the conventional track to do well in this field. It is because of this reason that he has continued to work for good firms and has climbed the ladder successfully, one step at a time. Currently the Senior International Legal Advisor for FedEx Express, he resides in Brussels, Belgium, he has also published a book on air and space law, ‘Contemporary Issues and Future Challenges in Air and Space law’ in 2011.
He talks to SuperLawyer about:
His life at law school and how he started inclining towards the field of air and space law
His decision to join the Leiden University to pursue Masters
His general advice to students interested in air and space law but fear pursuing it as it is a highly niche field
His experience at a variety of firms and his work profile in each of them
His take on how to balance work and family
His future plans
How would you introduce yourself to our readers?
I would introduce myself as an airplane lover. It is my love for airplanes that gives wind beneath my wings to excel. Aviation is close to my heart and I am lucky to work as in-house counsel in this fascinating sector for 10 years now. I wanted to become a pilot but someone above had a different path chosen for me. Looking back, I can only be happy about the decision to take up law as my profession.
What made you choose law as your profession? Is there anyone in your family who has been in the legal profession?
Law was never my preferred option. I always thought law is for the intellectuals. If not for my father’s intervention at that time, which I see as a master stroke from him, I would not have chosen law as my profession. I am the first person in my family to graduate with a law degree.
Tell us about life at law school. What subjects interested you the most while in law school?
(Sagar went to the NALSAR University, Hyderabad)
Being the first batch of Nalsar University, we had a great opportunity to build a legal institution of national repute. I am proud of what we did as Nalsarites over the years for the legal community in India and abroad. Yes, the first couple of years, infrastructure was very limited and resources were stretched to the maximum. Like in any new institution, the law school and its students had to go through an experimental phase that did raise questions, including the sustainability of the institution itself. Looking back, I can only say that the biggest advantage law schools like Nalsar University have is their students who come from all over the country. This brought a certain level of exposure which improved the overall experience of being in a national law school.
I was an average student in the class and was just trying my best to get through the routine – exams, papers, presentations and internships every semester. Arbitration law, contract and property law, law and poverty, international law (public and private) and international trade law are some subjects that had my attention. It was in my international law class that I learnt this specific area of law relating to aviation and space sector. In my 4th year of law school I decided to work in aerospace sector and I was confident that given an opportunity to take-off in this niche area, I will touch the skies.
How active were you in co-curricular and extracurricular activities? What kind of internships did you do as a law student? Did any of the internships have a special impact on you?
Let me tell you this. My first 2 years were gone in trying to understand what I was supposed to be doing in law school. Then in my 3rd year, there was some sense of direction but still no clarity. It was only in the 4th and 5th years of my law school life that I started realizing the need to do more. Yes, I had a few papers to my name; did few internal moots to taste what they are like; and presented a few papers at conferences and seminars. In terms of extracurricular activities, I was part of the Hospitality and Disciplinary Committees. Nothing to boast about!
When it came to internships, I made choices that helped me gain good experiences. I never missed an opportunity to do my internship along with studies. In each internship, starting with an NGO to a High Court Judge to practising senior lawyer in Supreme Court of India to a law firm that did aviation work, there was a lot to learn and experience outside the four walls of the law school and the law library. Of course, reading, understanding and applying legal principles to an issue at hand is important for us as lawyers. However, I observed that beyond these legal principles lay a fundamental aspect – the commitment to satisfy the requirements of a lawyer’s internal and external clients. The level of confidence you give to your client is a key performance indicator and this will determine your success as a lawyer (in-house or practising). This is a key take away point from all my internships in India and abroad (in UK and the Netherlands) and should remain a key take away point for any budding lawyer.
What was the work like at International Legal and Trade Consultants?
(Right after graduation from NALSAR, Sagar worked as a Legal Assistant at ILTC)
I had an offer from ILTC and Satyam Computers (now called Mahindra Satyam) during the on-campus recruitment at Nalsar University. I chose ILTC (head office in New York) because it was a small law firm with a focus on corporate law and immigration laws, and my idea was to leave the job after a year to do my higher studies at Leiden University. ILTC, headed by Mr. Madhu Yaskhi (former MP Congress Party), was planning to set-up their legal support services company (LPO provider) in Hyderabad. It turned out that I did less of legal work and more of letter writing for and on behalf of Mr. Yaskhi, who decided during my time at ILTC to join Indian politics. As a fresh graduate I used to wonder if that is what I am supposed to be do in my job! I have to say, looking back, that accidental experience is what I am doing today as a full-time job in my role as regulatory affairs counsel in Brussels, Belgium. As someone said to me once, in law profession every experience counts.
What made you decide to pursue Air and Space Law for your Masters? How did you decide upon Leiden University and what was your experience?
This decision did not take place overnight. First, my passion for aerospace led to a decision at Nalsar University to pursue this subject; second, I worked hard to get decent grades in international law related subjects and wrote research papers in space law; and third, my determination to contribute something to the field of law that is ignored by many had driven me to take up this challenging opportunity and I believed there was a lot to explore.
Only two universities (at that time), Leiden University and McGill University, offered a Masters level programme in air and space law. A European country was my preferred destination, therefore, McGill was immediately out of contest and I did not make an application as well. I learnt from my mentor and Head, Centre for Air and Space Law (CASL) at Nalsar University, Prof. Balakista Reddy, that some of the best teachers in this field of law are at the Institute of Air and Space Law, Leiden University. The program also gave an opportunity to do internship in aviation or space sector(s), which was a real bonus for a student to gain practical experience. So, Leiden University was without any doubt the best choice to pursue my studies in air and space law. Once I knew it will be Leiden University, I looked for scholarships available for Indian students. I was lucky to receive Huygens Scholarship from the Dutch government based on merit.
During my studies at Leiden University, I was accompanied by a group of passionate supporters of aerospace industry who came from various parts of the world. We all had fun during our studies but never got out of focus from the actual goal we had individually set for ourselves. I had the opportunity to represent Leiden at the Manfred Lachs Space Law Moot Court Competition and also got elected to be the President of the class for the year 2004-2005. So, I did more than what I expected of myself and my overall experience at Leiden University was simply ‘superb’. Let me also tell you that today, we have a strong Leiden alumni network around the world where we share knowledge, experience and also assist the younger batches to find internships (if lucky, a job opportunity too). I have no regrets about taking the decision to join Leiden University and choosing to live in the land of tulips, the Netherlands.
Most students who have an interest in the field of Air and Space Law hesitate to pursue Masters in this arena of international law owing to how niche it is, and how difficult it is to find jobs. What would you recommend to such students?
There is definitely a degree of uncertainty with these areas of practice. Lot of people thought I was mad when I told them that I am interested to pursue this field of law. First question or the only question was who is going to employ you? Will there be any scope for you to practice this law in India? There was no answer to the query except for my self-belief that my decision will not fail me.
Honestly, this is a difficult question to answer. Some term this as a super specialised area of law. In my opinion, areas like air and space law should not be seen in isolation. Yes, it is a niche area but if you combine this specialization with general subjects of law, like corporate law, commercial law, competition law, insurance law, tax law and others, the opportunities are endless.
To anyone who wishes to pursue higher studies, I strongly recommend working for minimum two to three years after their undergraduate studies. This allows them to gain the required experience (learn how law works in practice) and the time to better understand their own interests in the field of law. There will be a huge difference when one makes a decision to pursue higher studies after a few years of gaining some work experience.
For those who wish to pursue studies in the Netherlands, visit www.nuffic.nl to find out more about the courses and the scholarships that are available for students from India. Always remember that your rationale for choosing a university for higher studies should be either because 1) the course programme really interests you and you believe that the course will add value to your already existing knowledge (university ranking is not important here); or 2) the university is in tier 1 group. This means, the brand name and the alumni network will further your interests. Do not choose a university because someone told you or because of some ranking available online. It is an important decision in your life and make sure you evaluate all the options that are available to you and always try to get a scholarship even if it covers your costs partially.
How did you gain employment at AerCap Aviation Solutions? What was your experience here like?
(After graduating from Leiden University, Sagar worked at AerCap Aviation Solutions)
I got an internship opportunity at AerCap as a student of Leiden University, which later turned into a job in their contracts team. AerCap is an aircraft leasing company having their head office in the Netherlands with a fleet of over 1,000 owned and managed commercial aircraft. I was a senior member of the Contracts Department for the Asia-Pacific Region that handled complex, high-value lease contracts for the regional airline clientele. The nature of the job was very international and the legal issues spanned various jurisdictions, which made my experience in the aircraft leasing sector all the more worthwhile. Leasing and financing of aircraft involves a great deal of collaboration between tax, finance, insurance, risk and legal. This cross-functional dialogue enhanced my knowledge of commercial aviation business in general and expanded my opportunities beyond aircraft leasing sector. It was during this time I decided to take a transfer test to qualify as a Solicitor in UK, which I successfully passed.
You shifted to TNT Express. Why this move? What was the work like?
Leaving an exciting job at a company like AerCap was not easy for me. It was a difficult decision but a decision that I had to make to further my own career. TNT is an express company that delivers goods ranging from documents and parcels to palletised freight. TNT having its own fleet of aircraft and ground vehicles provided me with the opportunity to expand my legal horizon beyond aircraft leasing. Cargo (or specifically express cargo) isn’t something that comes across as a fancy sector to work for legal professionals. I took the job because I always wondered why people were just fond of passenger sector when transportation of goods is equally important for the growth of an economy. I started as a Legal Counsel where my primary responsibility was to draft and negotiate contracts for the Sales, IT and Procurement departments.
Given my aviation experience, I was later appointed as Senior Counsel at TNT Airways, the airline division of TNT Express. During this time, I worked on the purchase of B777 aircraft(s), wet leased and sub-leased aircraft, and aircraft maintenance agreements, amongst others things. Due to family reasons, I could not continue to work for the airline division and moved back into a different role in the head office of TNT. The role is completely different as I chose to become a Regulatory Affairs Manager for Europe dealing with Customs and Aviation Security related issues. In express cargo sector, customs and security issues are to be handled diligently to avoid any disruptions to the operations of the business. TNT was where I learnt about the express business and developed both my legal and regulatory skills.
You have now been working as Senior International Legal Advisor at FedEx Express. What has the experience been like, thus far?
After 5 years at TNT Express, someone came across my profile on LinkedIn and wanted to discuss about a position at FedEx Express. FedEx Express is the world’s largest express transportation company, providing fast and reliable delivery to more than 220 countries and territories worldwide. My role is to advise the management of the regulatory developments affecting or potentially affecting the operations of FedEx in Europe. The regulatory issues covered as part of my responsibility, to name a few, include international aviation regulations; customs and aviation security; export control laws and trade sanctions; and transport and environment. The range of policy and regulatory issues require a good understanding of our business model and especially about our operations across Europe and worldwide. Having moved to Brussels, Belgium recently I am also enjoying my engagement with European institutions in developing meaningful policies for our sector (transport sector in general).
In your opinion, what qualities should one imbibe in oneself if he wants to rise up the ladder as in-house counsel?
Fortunately or unfortunately, I do not have the experience of working in a law firm (except for my experience at Clyde and Co. in their aviation department). I have always worked as an in-house counsel and I believe these are the three qualities that one has to imbibe in oneself to build his career (either in-house or as a good lawyer):
i) Honesty and integrity in business;
ii) Effective communication skills;
iii) Empathy, especially towards co-workers.
Apart from the above, it is equally important for an in-house counsel (or a lawyer in a law firm) to: 1) understand their business well; and 2) build their knowledge in other areas of law.
To give you an example, I work with external counsel (law firms) around Europe who advise us on various legal and regulatory issues concerning our business. Despite their very good knowledge of law, I do not see any benefit of the advice given by external counsel if they cannot comprehend the business requirements.
As to building knowledge in other areas, do not confine yourself to an area that your job description states. Be ready to accept any challenge that is given even if it is outside the scope of your practice area. In-house counsel should re-invent and adapt to the business requirements to be ahead of others. To give an example from my own personal experience, I started as an aviation lawyer and now I also work on customs (recently completed post-graduate diploma on customs law from Canberra University, Australia), security, and trade and compliance matters.
Is the work and personal life balance manageable in Europe?
I hear a lot and read a lot about this issue. Sorry but this is something an individual has to decide and it has nothing to do with the country or region of this world you are working in. It is this simple – a workplace or a country you choose to live does not provide this balance. You have to decide on your priorities in your life. Once you make your own preferences then this work and life balance will be an issue of the past. Yes, all of us do long hours because that is the nature of our profession but there are other things to do in life – sleep (this is the best I like) or playing sports or doing something that you feel happy about. Most companies based in Europe certainly help their employees lead a better life compared to other parts of the world. However, it is one’s own decision again as to where they wish to draw a line.
What are your plans for the future? Would you consider entering the field of academia?
I like what I do in my job and will continue to develop myself in the path I chose. Yes, academics certainly interest me but I’m not yet sure what part of the academia it will be: coaching, teaching or management! I worked as a Programme Coordinator at Leiden University; was appointed as team coach of moot court teams and was also appointed as Judge at Air Law Moot Court Competition that Leiden University organizes every year; published a book on air and space law, ‘Contemporary Issues and Future Challenges in Air and Space law’; and recently also appointed as Visiting Faculty at Nalsar University for their Air and Space Law programme. So, I’m never out of touch from academics and I commit myself to promote aviation or general transport sector out of my own interest and in my own time.
My parents gave me the best education they could despite their financial difficulties, and my friends supported me in many ways during my difficult times to further my education. I have come a long way to be what I am today because of ‘education’. May be, I got lucky! We see a lot of people, especially kids, who still cannot afford to go to a school to get primary education in various parts of the world. I believe ‘education’ in some form or fashion should reach to one and all. My wife and I together have some plans, which we will certainly execute in the future. That is our wish and it will be our way of giving back to the society.
What is the one advice you would like to give young law students?
Be honest to yourself. Know your strengths and limitations. This understanding about yourself will help you make the right career choices.
Mirza Saaib Beg graduated from NALSAR University of Law, Hyderabad in 2013. He has been a teaching assistant and guest lecturer as well as worked under the guidance of several permanent judges of the Jammu and Kashmir High Court and has contributed to legislation and policy development. He currently works with the Legal Affairs Department of SEBI. He also undertakes the Cause Cyclothon in order to raise funds to assist the pursuit of education.
In this interview, he talks to us about-:
The influences and the background that prompted the pursuit of law and the experience of a law school life including internships, moots and learning experiences.
The nature of work at the Legal Affairs Department at SEBI.
The idea, journey and vision for Cause Cyclothon.
What drove you to choosing law as a career? Would you say that your choice of Law as a profession was influenced by any particular incident in your life?
‘Why law?’ seems to be a question that comes up more often in our line of work as opposed to other professions. It is almost as if people are surprised that you being a seemingly healthy and sensible individual would consent to subjecting yourself to this predicament (laughs).Arriving at your true calling in life is an intricate process of personal discovery and there are many factors that lead to my decision but there is one factor that I can narrow down as an important catalyst-Due to the increasing turmoil, I was forced to leave my home, Kashmir, when militancy erupted in the early 1990s because the sheer scale of violence made Kashmir too vulnerable. What followed in the years to come in Kashmir was far too difficult to endure as a people and as a society, and the cicatrices left are not going away anytime soon. In pursuit of a stable education, most of my initial life, I had to live away from my parents and my home, but I am glad that my family always instilled in me a deep sense of ‘belonging to my homeland’. My father, whenever we met, ensured that I learnt the Kashmiri language, by entertaining me with Kashmiri folk tales replete with polite Kashmiri expletives, much to the chagrin of my mother. About a decade later, when the situation back home improved relatively, I resumed studies in Kashmir and spent my formative years there.
It was only then that I could comprehend how decades of political turmoil had caused a mutation in the minds of people. There was an almost irreparable erosion of the legitimacy of rule of law and it felt as if the basic building blocks of a peaceful, modern and conscientious society had been thoroughly ransacked. This experience deeply affected me and over time I came to realise that I would not be satisfied with my professional existence unless it had some relevance to economic and legal development in Kashmir, either by way of financial assistance from my side or by directly getting involved in economic legislation and social policy issues to further the interests of the place. It is in this backdrop that the choice of law as a career was a well-considered decision.
Kashmir was, and continues to be, in need of a catharsis on many fronts and I decided to study law with the objective of eventually using my education and resources to play a role in this inevitable purgative exercise. To my mind, a training in law was most appropriate to prepare me for the challenges that lay ahead –a fear of uncertainties, the hope of order, triumph and a constant process of discovery of ways to mend the economic and socio-legal fabric of Kashmir’s society- all this had left me in deep thrall and I decided that I would have the best of tools to address the challenge. Over the years, having met many Kashmiris living away from home due to the economic and political situation there, I have observed that the desire to do ‘something’ for Kashmir is a feeling that is not alien to any Kashmiri and it is a point of poignant meditation that we are all connected by our pain.
How was life at NALSAR, one of the premier universities of the country? How significant was your alma mater’s role in influencing a change in your personality, if any?
Any answer that I can give about life at Nalsar bespeaks immense pride but I make this declaration to ensure that my casual sarcasm isn’t misunderstood to be criticism. When I came to know that I had made it to Nalsar, I was quite excited and in a moment of naiveté I toured the empty university campus, a full month before classes were scheduled to begin and it all looked so timeless, eclectic and enduring that I felt a majestic fulfilment at the realisation that I would soon be allied with this ennobled place. While all these feelings most definitely stemmed from, and were exaggerated by, the aforementioned naiveté but even till my last day at Nalsar I never had any qualms about being on campus when it was empty. In fact, I often looked forward to it.
Before joining a premier law school, most law students are mistakenly lead to believe that life there is something on the lines of the movie and/or book ‘The Paper Chase’. If you have reposed your faith in the hands of a movie then it serves you right to be crippled with fear at the prospect of joining a place that is fuelled by insanity and cut-throat competition. To be conscious that you are ignorant is a great step to knowledge and a good law school comes fully equipped with good seniors and teachers who will be relentless in their attempts to instil this knowledge in you, through ‘intro-moots’ or ‘positive interaction’ as well as some help from Socrates and his many methods. So, if you enjoy the prospect of spending half a decade mired amidst polemics, paranoia and intense competition, then a top tier law school is the place for you (laughs).
All sarcasm aside, half a decade at Nalsar has had an extraordinary impact on my growth and enrichment and I am glad to be among the inheritors of its traditions. My batch was an intellectual melee of sorts and there has rarely been a moment when I was not positively intoxicated by the kind of depth and insight that this group could display. No matter what yardstick or criteria were employed, this bunch of phenomenally talented people had been jumping hurdles all their lives, impressing all around them, leading, succeeding, achieving and here they were for me to learn from them for half a decade of my life. We all learnt so much from each other, and collectively enjoyed so many common bitter and sweet memories, that sometimes I wonder whether the perceptions of life that we fashioned over that half decade were just a patchwork of thoughts that we all borrowed from one another.
You have an extensive mooting record, both nationally and internationally. How do you feel that our readers can become better mooters?
(Saaib was the winner and best speaker at the Bar Council of India Moot and also emerged as winner and best speaker at R. U. Singh Memorial National Moot in addition to participating with great success in IICLAM, Surana & Surana Trial Advocacy, and the Frankfurt Investment Arbitration moot. He was also the recipient of Bar Council of India Trust Scholarship.)
If you want to be a good mooter, then you must appreciate that mooting is not just about theatrics and paroxysms but it is about identifying an argument that is viable and practicable in the real world, in addition to being sound in law. You also need to have a brilliant level of understanding with your team because the intense pressure and competition will take its toll on all of you. It is ironic that I remember my mooting experience with such fondness despite the utter chaos that always surrounded them. I attribute this fondness to all those wonderful people who were my team mates at different points of time. The Bar Council of India moot has always been a difficult moot to tackle due to the changing format of the problem and the expanse of law that one has to get acquainted with before the problem is even released. My team comprised of Vishwajith Sadanadna and Shrishail Navalgund, who are currently practicing in Delhi and Bangalore respectively. Our team won the moot and I was awarded the best speaker, but both of these achievements couldn’t have been possible without timely contribution and patience on the part of my team. We began our preparation for the moot about 7 months before the problem released, and we researched on various areas of law that we anticipated could be connected to the problem. One area of law that we had left out was arbitration law, since the moot had never been an arbitration moot. However when the problem was released, it was based on a challenge to a foreign arbitral award. So it wasn’t quite an arbitration moot but it concerned arbitration law and we were hard pressed for time as we had to study an entire area of law that we had not dealt with much. Working on this moot was immensely enriching as we ended up studying thoroughly on at least 10 different areas of law and this broad base of knowledge in areas that was seemingly unconnected at first, helped in giving us a better perspective on how to frame our arguments. As best speaker, the scholarship was awarded to me by the Bar Council of India Trust as a monthly stipend for one year. In order to become better mooters, you definitely need an almost indefatigable resilience but also some level of institutional support as a lot of our work is subject to the quality of research materials that are made available to us, especially in the case of international moots. But at the end of the day, students really need to enjoy the whole mooting process and all the chaos that comes with it. I know this is easier said in hindsight.
How would you suggest students to involve themselves in taking more part in research-oriented activities? Share with us your experience as a teaching assistant at Nalsar, guest lecturer at different universities and your work with Lexis Nexis Butterworths Wadhwa.
As a law student, it is imperative and almost indispensable to undertake extracurricular activities that hone your legal skills because there is only so much that you can learn in the classroom. You really need to immerse yourself in the real world and pick current topics to analyse them from a legal perspective, assess the challenges you face in implementing legal and pragmatic solutions and engage in research work beyond your usual college projects- it is a great way of motivating yourself as well as improving your legal skills. I have always felt that for any lasting stability and development in Kashmir there is a need to strengthen economic legislation as well as address the address the political aspirations of the electorate. These two issues are not mutually exclusive. So, in addition to my usual college research work, while interning under various permanent judges of the High Court at Jammu & Kashmir, I would take out time to visit universities and colleges and law schools in Kashmir to talk to students about various socio-political issues of importance to Kashmir and on other areas of law and economic development that can help an emerging and developing market like Kashmir. Some of the lectures and discussions are mentioned herein-
I delivered a guest lecture to the students of 4th year, BA LLB at the University of Kashmir, Department of Law on the topic “Demutualisation, Corporatisation and the Voluntary Exit of Exchanges in India.” The lecture revolved around the issue that nearly every stock exchange in India has voluntarily exited the business and whether it is viable for Kashmir to invest in creating a stock exchange market for itself to cater to investments through the capital market. Since the students were in their penultimate year of law school, it was a healthy exchange of ideas that we could employ to assess this policy issue.
I engaged in a discussion on the topic “Realizing the Summit of the Potential of the ICC: Legal Challenges and Opposition” with the students of 6th Semester BA LLB at the Central University of Kashmir, Department of Law on 9th June 2011. Earlier in 2010, Kashmir saw massive protests over the killing of a teenager named Tufail Ahmed Mattu who, at the time of his death was playing cricket in Gani Memorial Stadium, Srinagar. During the protests, according to official figures around 110 civilians lost their lives and around 1,200 CRPF men and 2,700 police personnel were injured. Over the course of the discussion we wanted to examine whether an international body could play a role in the smouldering cauldron that had been created here, the legal challenges thereof and the opposition to such policy proposals.
When I was interning with the then Advocate General of Jammu & Kashmir, Mr. Ishaaq Qadri, stationed at Jammu during the winter, I visited K.C Law College, Jammu to interact with the students there. Under the guidance of the dean of law, I delivered a guest lecture on the topic “Legal Policy and Legislation for J & K” to the students of 1st year B.A., LL.B. (Hons.).
Under the guidance of Dr. Sheikh Showkat Hussain, I delivered a guest lecture on the topic “Self Determination in International Law” to the students of 3-year course LLB 2nd semester at the Central University of Kashmir, Department of Law. Dr. Sheikh Showkat Hussain is a political analyst and a prominent scholar of human rights and international law. He has authored several books on the Kashmir conflict and I have been fortunate enough to have a guide like him in my student life and beyond. It has also been propitious to have a teacher like Prof. (Dr) Faizan Mustafa, vice Chancellor of Nalsar, who facilitated and put in place the Teaching Assistants programme at Nalsar. He encouraged me to be engaged as a Teaching Assistant for International Relations- Political Science and Law and I’ve had the opportunity of learning a lot from him during my time in law school and continue to learn from him even today.
As regards Lexis Nexis Butterworths Wadhwa, when I was in college, some of my batch mates and I were engaged in editing work for Mr. Anirudh Wadhwa. The experience was quite educational as we were assisting in the editing of books that we were studying ourselves and one of the most prominent tasks we were assigned was to assist in editing Mulla, Contract Law by Sir Dinshah Fardunji Mulla (13th Edition, ISBN number: 978-81-8038-673-2).
Tell us about your experience in Student politics. How has this helped you grow as an individual?
(Saaib was President of NALSAR Student Bar Council from 2012 till 2013 and General Secretary from 2011 till 2012 and received the Vice Chancellor’s Gold Medal for Best Male Graduate with Proven Leadership Qualities.)
Student politics will take you down a road which is a seething cauldron of ever-calculating and self-evaluating moments replete with predictions, anxieties and judgment (laughs). The night just before elections used to be the liveliest and most electrifying night on campus, and in hindsight I can confirm that the world of student politics is deliciously Machiavellian and is not for the faint hearted (insert politically appropriate smiley face here). It is vicious precisely because the stakes are so small and contrary to the assumption of most student leaders, it is not necessarily a route to Downing Street. I’ve read and observed that, to lead is a noble thing, and the greasy pole of student politics will definitely prepare you for challenges of life, and you will emerge not only unbroken but more ‘whole’. But there are certain things I’d like to see changed in law school student politics. There are over 1000 law schools in India and it’s a pity that only a handful of them have a real student government elected by the students and with their own financial budget.
Even in colleges where there is some semblance of a student government, the government is limited in its potential since most of their time is lost in bargaining on basic issues like securing permissions and facilitating events that have limited impact on their immediate vicinity, and much less on law-students in general. There is precious little room for student government to assume its real role as a truly representative student voice and/or think tank of the student perception and pursue policy engagement at a larger level. Most universities abroad have recognised this immense potential and are nurturing groups like Cambridge’s Wilberforce Society which recently worked for the Tunisian National Assembly on their new constitution among other issues. In some National Law schools, we have similar discussion forums and groups but these are not necessarily formed by their respective student governments and this is where I feel student politics is lagging.
If harnessed appropriately, student politics has the potential to produce champions who can fortify society, individually and collectively as their political thought grows with their electorate in the microcosm of society that is their university. It is this fortification of society that is severely lacking in places like Kashmir where ‘low grade rationalism’ dominates the current political approach that elected MLAs and MPs have toward the electorate. This mediocrity in leadership that we face today can only be cured by a proper training in statesmanship, and student government in its appropriate form can be a great stepping stone towards such training.
In its current state, student government in Indian law schools, at best, produces functionaries who tread party lines and not leaders, much less statesmen. There is a perceptible miasma of distrust and this abyss between the common people and the government is loaded to widen. On the brighter side though, even at the grass-root level, Kashmiris are realising that there is no way out but to pull themselves up by their own bootstraps as decades of electing people who are too grievous to govern has not yielded desirable results.
Your yearning to contribute to legal policy issues surrounding grass-root democracy and economic development in Kashmir is inspiring. Please tell us more about this.
(As a law student in his 4th year, while studying Election Law, Mirza Saaib Beg interned under the Minister for Rural Development, Panchayati Raj, Law, Justice & Parliamentary Affairs)
In 1688 the Swiss doctor Johannes Hofer published a tract in which he endeavoured to describe the pain resulting from the yearning and inability to return to one’s home. I am unable to actively work in Kashmir at the moment as I feel that I can serve the economic and legislative interests more effectively when I am better equipped and every day is a step closer to this objective. Kashmir, evokes the fiercest elements of ‘yearning’ in my being but mere nostalgia, devoid of any action, is an emotion which is politically reprehensible and empirically untenable. I feel that it is imperative for educated Kashmiris to exploit their education to push the Kashmiri society towards being emancipatory and progressive, whereas the ‘empty yearning’, devoid of effective action, may rightly be condemned as an irrational obstacle. So I do my part in ensuring that my society is ushered away from an anachronistic state of being by contributing through my education and resources.
After a semester studying Election Law, I was required to intern with an institution to apply my learnings. Instead of pursuing an internship away from home, I decided to employ my education to study and better understand Election Law in Kashmir and I approached the office of the Minister for Rural Development, Panchayati Raj, Law, Justice & Parliamentary Affairs to contribute. It is my understanding that for a representational democracy, free political expression is essential. In Kashmir, political groups and messages that resonate with the popular sentiment are criminalised and therefore elections do not necessarily result in a representation of the popular sentiment. In the past electoral candidates, who had a differing ideology, or who did not meet the approval of influential Indian politicians were summarily rejected by disqualification of their nomination papers and even rigging in elections. In this internship, I prepared a report on Panchayat elections from around the country where I analyzed various issues that could come to the fore with such panchayat elections. The internship report was submitted to Mr. Ali M. Sagar, Minister for Rural Development and Panchayats, Law, Justice and Parliamentary Affairs wherein I assessed a host of economic and policy based issues including:
Measures to diminish powers of State Governments to delay Panchayat elections. Usually elections are delayed on purely political considerations to gain outcomes favourable to New Delhi.
Economic legislation for measures to decrease the State Election Commission’s dependency upon the State Government for logistic support and finances. The State Election Commission needs to be an independent body, which is not controlled by any Indian or Kashmiri political group.
Delimitation of constituencies (Powers of using delimitation to control electoral outcomes must be repealed).
Economic legislation to tackle lack of accountability of Panchayats- There is no time frame to conduct the audit of accounts of a given year and/ or submit the audit report.
Lastly, I made a case for strengthening the State Election Commission (SEC) by making specific provisions in the Constitution of Jammu and Kashmir. In its current form, the State Election Commission is not an independent body and therefore the elections conducted by them are also questionable. In the past the SEC has been abused to reject nominations of candidates who are not approved by influential Indian politicians. For a truly democratic process, all institutions of governance such as courts, police and overseeing commissions must be free from any influence.
Given your background in student politics, how did you feel about your role in contributing to such legislation, policy-making and economic development and what were your perceptions about grass-root democracy in Kashmir?
My experience in student politics has shaped my perception that the Kashmiri electorate has started to dabble its hand at chivvying Kashmiri leaders into developing a sense of perspicacity but unless our leaders overcome the inability to think beyond the next election, we will continuously be faced with a situation where people will get disgusted with traditional politics, something that can be observed elsewhere in India as well as in other countries today. Representatives time and again fall prey to compartmentalizing their electorate into watertight compartments relegated to be pacified by the appropriate sound-bytes. Far from being emblematic, there is much to be desired for grass-root democracy, in Kashmir. However, I have courage over my conviction that with the appropriate training, the growth of young, educated and conscientious leaders will see us in good stead to face the challenges of political instability and economic development. Addressing the issues in Kashmir requires more than mere passion for Kashmir because the issues are so complex that effective solutions require extraordinary prescience, profound thought and perception as well. Kashmir is undergoing an insurrection of the mind as we face a growing wave of violence. As educated, conscientious people it is imperative to ensure that we choose leaders who possess the enduring insight to steer us away from these waves that are fed with politically immature and often violent rhetoric. Further, as educated and conscientious people we also have to understand that war and conflict is not something that only governments inflict upon one another but it is also implicit in the seemingly innocuous decisions we take daily at an individual level which lead to macro-differences between communities. Kashmir cannot afford to be a fractured society and every effort must be made, at an individual as well state level, to ensure that our leaders are fully aware of the subtleties and complexities of the interplay of religious factors, geopolitics, and the corrupting influence of desire for power that is the overarching theme of Kashmir’s long history of conflict. During the time of the panchayat elections, every news channel in India categorised them as ‘historic’-The panchayati raj elections in Kashmir can quite possibly be termed as ‘historic’ but unless we as educated and conscientious people take social and political action to address the complexities mentioned herein, the sound-bytes will continue ad-nauseam without any effective results. In the opening lines to “The Eighteenth Brumaire,” Marx famously amends Hegel’s statement that historical events happen twice, by adding that they occur first as tragedy, then as farce. I feel these lines are quite apt for Kashmir. Unless educated and determined people act immediately, the repetitive dialogue surrounding Kashmir will be nothing short of farcical and the deadlock on diplomacy, political and economic development will be stuck on a never-ending loop which is detrimental most of all to the state-subject.
As a law student you made some documentaries on issues that interested you. Please tell us about this work. Was it a part of an internship?
No, this was not a part of any internship. I wanted to explore certain themes through a medium that was convenient for anyone interested in the work. The documentaries were made in my second year of law school with an intention to understand what the electorate in remote areas of Kashmir felt about the social and economic laws that they are governed by. The research topics covered issues like justice and juveniles, poverty and deprivation, political turmoil and children, Islamic finance etc. Making these documentaries in pursuit of a systematic ethnography served as an alternate educational platform for me. My education at Nalsar fuelled my rationality when I approached these sensitive topics. The experience taught me that there are no simplistic solutions to problems of legislation in Kashmir. At first, the complexity of legislative problems in Kashmir frustrated me because I was unable to dismantle the legal problems with my crude screwdriver and I lacked the expertise and/ or resources to wield better tools. I figured that I needed a more refined toolbox and I went back to law school with new-found resolve to use my subsequent education to tackle the complexities of social and economic legislation. I would come to Kashmir during every break to work with various academicians, politicians and within the legal fraternity to hone my understanding of these issues.
What other kind of internships did you undertake?
Among other miscellaneous internships, I also interned with law firms like Amarchand, Luthra, AZB, and also with Jammu & Kashmir Bank Financial Services Ltd., ICICI Bank, Ministry of Social Justice and Empowerment and under a few Senior Advocates, including the Advocate General of Jammu & Kashmir.
How did you decide to seek employment with SEBI? How did your appointment at SEBI take place? Please share with us an experience from your initial days.
Over the course of my education I arrived at the conclusion that many issues in Kashmir could be resolved through economic legislations as well as addressing the political aspirations of the electorate. I feel that these two are not mutually exclusive and that Kashmir is being lead into an economically regressive tract leading to a domino effect on many other frontiers. I decided to work with SEBI as this was the only institution where I could get quasi- legislative, quasi- judicial as well as quasi- executive experience which I felt was essential for my objective of working on economic legislation and contributing to development. At that time I had also heard that SEBI was considering setting up an office in Kashmir and I felt that this would be a great opportunity to contribute to and observe economic legislation as well as gain quasi-judicial experience. The process of appointment was based on an initial shortlisting and subsequent interview process. SEBI shortlisted the ten best ranked CVs from the applicants and conducted an exhaustive interview which covered recent developments in the capital market in addition to various concepts of securities law, eventually selecting two candidates from all the applicants. After joining SEBI, I observed that while regulating and developing the capital market and protecting the economic interest of investors are the primary responsibilities, the organisation is quite proud of its social consciousness as well. Soon after the devastating flood in Kashmir last year, I approached the Chief General Manager of the HR department and evinced my desire to get involved in the relief effort. Without any hesitation, he mobilised the process and within a few days, in a very touching gesture, Rs. 9.10 Lakh were contributed by all employees from their monthly salaries and transferred for the relief effort. At that moment it felt that I had taken a small step closer to my personal objective of being in a position to contribute towards the betterment of Kashmir, and it was a truly wonderful feeling. I look forward with eagerness to the time when I can take bigger steps on this path.
What are your primary responsibilities in SEBI’s Legal Affairs Department? What all does the work profile in SEBI’s Legal Affairs Department consist of?
I am employed with the Legal Affairs Department at SEBI which is responsible for providing legal counsel to the SEBI Board and to its other departments, and to handle non-enforcement litigation. The department has a division of policy and divisions of regulatory assistance. The work of the Legal Affairs department includes formulating SEBI’s legislative initiatives, various categories of SEBI pronouncements (i.e., regulations, guidelines, circulars, instructions, etc.), the hierarchy of their force and effect, the procedure for their promulgation, amendment or repeal, reviewing and commenting upon proposed regulations that would affect the securities industry, SEBI’s authority or operation. The division is engaged in providing legal advice to the Market Regulation Department (MRD), Corporation Finance Department (CFD), Investment Management Department (IMD) among others. MRD is responsible for supervising the functioning and operations of securities exchanges, their subsidiaries, and market institutions such as clearing and settlement organizations and Depositories. CFD deals with matters relating to (i) Issuance and listing of securities, including initial and continuous listing requirements (ii) corporate governance and accounting/auditing standards (iii) corporate restructuring through Takeovers / buy backs (iv) Delisting etc. IMD is responsible for registering and regulating mutual funds, venture capital funds, foreign venture capital investors, collective investment schemes, including plantation schemes, foreign institutional investors, portfolio managers and custodians. So the portfolio is quite expansive and the experience gained thereof is holistic in terms of exposure to litigation in SAT, the Bombay High Court and the Supreme Court of India, policy-making and drafting of the regulations and it is a great vantage point to learn about the effect of legal policy on the capital markets.
You cycle over 50km-60km every day in Mumbai. How did you take to cycling? Was there anyone or any event that inspired or motivated you to take up this as a daily activity?
I took to cycling because it represented a truly emancipating activity which was immersed in a real world environment. In my fourth year at Nalsar, I was elected as General Secretary of the Student Union at Nalsar. At that time, I used to cycle around NALSAR with some of my batch mates and we had toyed with the idea of a cycle trip to all national law schools as a symbolic gesture to ‘connect’ the student governments at each place to deliberate over an issue of national and legal importance concerning Kashmir. Even when I used to intern in Bombay with law firms, as a student, I would lament the deplorable condition of traffic and I even considered the idea of cycling to work. However, due to various reasons, these plans could not mature at that time.
I thoroughly enjoyed cycling and I was looking for a way to merge my desire to make a perceptible difference in Kashmir with my love for cycling. When I moved to Mumbai to pursue my employment with SEBI, I read about two investment bankers and a doctor who had raised over Rs 13 lakh for St. Jude India Childcare Centre, an NGO that aids parents of children with cancer by cycling 250km from Mumbai to Pune and back. I decided to train myself to be in a position to cycle at least 1000km and raise enough funds to provide 20- 30 orphaned, meritorious students, in Kashmir, with a basic education. I started cycling 10km, once a week, and gradually I increased my duration and distance to about 50 km every day. During the weekends, I meet with interested people from all over the city and cycle between 100-300 km to Lonavala, Nashik, Pune, Bharuch, Alibaug etc. I started meeting people with diverse backgrounds- musicians, actors, stand-up comedians, artists and curators in addition to people from conventional professions. On the long cycling trips, my mind is free from distraction of my smartphone and the engrossing condiments that accompany it. I have realized that our lives are so heavily “comoditised” that we forget the difference between making a living and having a life and we ignore the nourishment that such idleness can provide to our thought process. For me, this experience has definitely been enriching from a psychological and even sociological perspective. Needless to say, physiologically I feel younger today than I felt when I moved to the city and that is not something you often hear from people who work a full time job in the legal profession (laughs).
How does it feel to cycle to work daily? What is the experience like? Is it difficult for someone to emulate this and promote cycling in India?
I figured that the only way I could make time for my training was if I incorporated it as a part of my daily routine. So I decided to cycle to work and effectively pursue my training while I commute to work. My office, SEBI, has an in-house magazine called ‘The Insider’ and when I started cycling to work, they asked me to share my experience with them. I told them that contrary to popular perception, it is actually surprising that in Mumbai very few people cycle for leisure and even lesser people cycle to work. I say this because Mumbai is a relatively flat, linear city and the weather is forgiving for 8 months a year, unlike most cycle-friendly cities of the world- London is too wet, Copenhagen is too cold and Amsterdam has terrible headwinds that make cycling quite onerous.
In 2014, these cities were rated as some of the best in the world for cycling according to “Copenhagenize Index” which is a list of the world’s most bike-friendly cities. Not only is cycling the best solution to Mumbai’s woeful traffic, but making the roads cycle friendly is not even a heavy burden on the state’s budget. For a fraction of the Rs. 160 crore (£160m/ 16 billion rupees) cost of the eight-lane Bandra-Worli Sea Link toll bridge, the state government could have transformed cycling and public transport in the city. To comprehend how little we need to become a cycle-friendly city, contrast this Rs. 160 crore with the fact that in UK average annual government expenditure on cycling in the UK was £1 per person (Rs. 100) for the entire country. Incidentally £1 is considered to be quite low by most European standards where the annual government expenditure on cycling is about €25 per person (Rs. 1800). Studies show that every kilometer cycled in Denmark earns the country €0.23 (Rs. 17). For me cycling never started off as a way to burn calories or save petrol- it simply was a “fast form of pedestrianism,” and the most exciting way to get around. Every resident of Mumbai knows what it feels like when you have to drive your car in stop-and-go traffic to get to work every morning. Every resident of Mumbai dreads the commute to work and back home. Imagine if your vehicle didn’t have to stop-and-go intermittently like that. Imagine making your commute an exciting highlight of your day. And imagine starting every day feeling perfect, alive and look forward to your commute to office. That is what cycling to work feels like. Having said that, it is a relief to have a shower and gym facility in office which makes things very convenient, as I carry my formal clothes in a backpack to change into after cycling, without which it would have become an onerous activity.
Indian cities and interested cyclists don’t need to reinvent the wheel to promote cycling in the metro-cities, they just need to copy what the cities that did make the Copenhagenize top 20 are doing such as encouraging employers to install a shower facility and cycle parking in office, sensitizing car drivers towards cyclists and sharing the road and lowering taxes on import of cycles. Once cycling is presented as a convenient way to get around, which not only profits by way of financial saving but also health benefits, the masses will take to the cycle. Cycling is most definitely a part of the future and the sooner our governments realize that, the better it will be for all of us.
Tell us about the Charity Ride Cause Cyclothon and your cycle ride to Ahmedabad from Mumbai. How did this idea strike you?
After the floods in Kashmir in 2014, everyone was outraged by the sheer unpreparedness of the government to meet the challenge of a calamity that was not unforeseeable, and had in fact been widely speculated about. While collective outrage is easy to find, it is not easy to channelize that outrage into proactive and positive action as this takes time, effort, money and other resources. Luckily, I’ve found some individuals who are willing to give most, if not all, of these requirements. Undertaking this journey gives me the satisfaction of having tried to make a perceptible and positive difference to a severely dilapidated place that I call home. I plan to connect law schools on my journey and show interested people how they can contribute to making a difference to the lives of orphaned children, without necessarily making a financial contribution.
Cause Cyclothon is an event aimed at raising funds to assist the pursuit of education. We cycle long distances of 1000-3000km to raise funds and help anyone financially to pursue their education. We completed the FIRST PHASE last month where we cycled a total of 1268 km from Mumbai to Ahmedabad and back in 5 days visiting all prominent law schools en route and we raised Rs. 10 Lakh for an orphanage in Kashmir, Rahat Manzil which operates under the aegis of Jammu & Kashmir Yateem Khana. I was accompanied by two amazing cyclists and wonderful human beings- Pranaya Mohanty and Sumit Patil and we were cheered on and supported by over three hundred supporters, well-wishers and cyclists en-route in Surat, Vadodra, Bharuch, Ahmedabad and Anand. Pranayaregularly participates in endurance events like Brevets Randonneurs Mondiaux (BRM) events to cycle long distance rides of 300km, 400km and even 600km. He was the fastest Indian cyclist to complete 1200km Paris- Brest- Paris (PBP) cycling event this year (under 75 hours). Sumit has already completed the 601km Ultra Marathon Cycling Association world championship event in 30 hours and other events like BRMs, Desert 500 and Ultra BOB. He is currently training for the Race Across America. Both will be with me for our second ride also.
Cause Cyclothon is brought to fruition because of the encouragement and financial support given to us by the Rotary Club of Bombay Worli. They have been with us throughout the event from its inception to the execution. Last year they had run a campaign to support persons in need of artificial limbs and they continue to shoulder their civic and social responsibilities towards those less fortunate. We also have been supported by Killer Jeans and Ultra Tech Cement. All the money raised by our sponsors was sent directly to the orphanage. Rs. 6 Lakh were sent when we completed 600km of the first ride to correspond to Rs. 1000 for every km that we cycled. The event is also supported by “Team Agni”, and “To Kashmir” in addition to other supporters as mentioned on our webpage. Team Cause Cyclothon also engaged in pre-event campaigns for our ride- one month before we were scheduled to depart on our 1100km cycling journey, we had sponsored the “Smart Commute- Ride To Work” initiative which saw 450 cyclists in Mumbai converge at Sofitel hotel in BKC riding to office on their cycles. The event was presided over by the Maharashtra state minister for Environment, Mr. Ramdas Kadam.
If anyone is interested in helping the orphanage in Kashmir, or support us for the second ride, kindly get in touch with me over FB, gmail or phone so that I can guide you on what the orphanage and students need apart from financial support. Their account details are in the photo below:
Can you give us the highlights of your first ride and the plan for the second and third?
The plan was to cycle from NCPA, Nariman Point to Ahmedabad and back in 5 days (approx. 1200 km) and stop at every law university on the way to get students involved in the campaign. The idea was to raise at least Rs. 10 lakh in aid of educational initiatives at Srinagar’s largest orphanage, Rahat Manzil, which suffered over Rs. 40 lakh in damages during the flood in Kashmir last year.
You can see this page for snippets our first ride-
You can view this video made by one of our sponsors which has clips of the orphanage trustees, children along with their appeal for the first ride that has now been successfully concluded-
We stopped at every prominent law school on the route and did not solicit any financial contribution from the students we met but we only wanted to put forth the ground realities of what these children face, talk to them about our aims, objectives, motivations and get the students’ involvement in voluntary skype classes of 30 minutes per week or to assist in facilitation of sharing of reading material for the children. The response has been overwhelming and we are now planning the second phase to further our literacy campaign.
These were the universities and law colleges we passed by and stopped at for student interaction during RIDE No. 1-
GLC Mumbai
VT Chowksi Law College, Surat
Sidharth Law College, Surat
Law College, Bharuch
Baroda School of Legal Studies, Faculty of Law, Maharaja Sayajirao University of Baroda, Vadodara
Shree P.M.Patel College of Law & Human Rights, Anand
Nirma University, AhmedabadGujarat National Law University, Gandhinagar, Ahmedabad
GNLU, Gandhinagar, Ahmedabad
ABOUT THE SECOND RIDE:
The SECOND ride is nearly 3000km+ ride, over 12-14 days, from Mumbai to Kochi via Symbiosis and/or ILS- Pune, NALSAR- Telangana, NLSIU- Bengaluru, TNNLS- Tiruchirappalli and NUALS- Kochi. The list of universities is not exhaustive and we are still planning the final intended beneficiaries as we need to coordinate for time and semester schedules. We look forward to working with the students of each institution on this ride. (Tentatively January, 2016). We are also looking to expand the base beyond just law students and are planning to include IITs and IIMs en-route. The plan is to raise Rs. 30 lakh to sponsor the education of needful students in the universities that we stop at.
How will the students be shortlisted from each law school? How many students per college will you cover?
We intend to support the educational costs of at least 6-12 students per law school that we stop at but this is subject to the total that we are able to raise during the second ride. We intend to raise a total of Rs. 20-30 Lakh for this purpose. We are currently in the process of contacting vice chancellors, registrars, student-body presidents and concerned faculty at each prospective stopping point. We want the universities to give us a shortlist of names that require funding and an overview of their academic/ extracurricular performance. There is no particular standard that they must meet but we hope to fund the education of such students who have proven potential to better the environments that they came from and in turn help others who are faced with similar financial and social predicaments. The money raised will be given directly to the universities by our sponsors and will be used to cover the fees of the selected student’s academic year. Coming from Kashmir myself, I understand that when one is faced with any instability in the pursuit of education, it is very challenging for a student and it is imperative for us to remove such impediments to secure their future. We are grateful that our supporters and sponsors share our belief and are all ready to support us during the second ride as well.
Which major cities do you plan to cover? Are there any criteria for joining the cause, for example physical fitness, health conditions, et al?
The plan of Team Cause Cyclothon is to eventually cover every city which houses a major national university and support the literacy mission of Rotary Club of Bombay Worli and our supporters. We intend to provide financial support to anyone who needs the same and our supporters share this determination. The SECOND ride is nearly 3000km+ ride, over 12-14 days, from Mumbai to Kochi via Symbiosis and/or ILS- Pune, NALSAR- Telangana, NLSIU- Bengaluru, TMNLS- Tiruchirappalli and NUALS- Kochi. There is no hard and fast criteria to join us. For those who want to cycle a long distance (say above 300km) with us, it would be appreciated if they are trained long distance cyclists as such distances take a significant toll on the body and it is not recommended for a novice cyclist to undertake such a long ride without appropriate training. Our supporters can also join us for smaller distances (anything from 10km to 200km) as it would serve as a real boost and motivation for us during the ride. During our first 1100km Mumbai-Ahmedabad-Mumbai ride, we were joined by nearly 300 cyclists at various points who cycled 10km to 100km with us and cheered us on at Mumbai, Vapi, Bharuch, Anand, Ahmedabad, Surat and Vadodra. You may join the cause and support in any form and if you are not in apposition to contribute financially or not fit enough to cycle, then you can be a part of the cause just by sharing it on social media. That way, it might reach someone else who can assist us in making a perceptible difference to someone’s life.
Your event has generated a lot of attention on social media. A lot of stars and celebrities are also promoting your event on social media. How did you connect with them and the other people involved in the event?
The real celebrities are the people who supported us on social media and the cyclists who travelled 30-50km at 3am on the day of our journey, to ride with us and support us. Navi Mumbai cyclists, Mastermind Cycles, Bandra Cyclists Club, Mulund riders, Powai Pedals, Evo Bikes, RPM cycles, Xycolaire cyclists, CYC’d cyclists, Mumbai Cycling Enthusiasts, VeloCrush, Cyclop, Palm Beach Riders,Juhu and Lokhandwala Cyclists, Borivali Cyclists, BikeMe, and all the individual cyclists who supported us, rode for many kilometres, carrying food and refreshments for us- we feel they are our real superstars! Their gesture has touched us deeply and we are most thankful to them for their time and motivation. We have been very lucky in this regard and my fellow cyclist friends in Mumbai, Ahmedabad and Anand have been a source of great support. Their outpouring of emotional support on social media has made the event a success and we got in touch with various people to support us in any manner possible and Ira Dubey, Cyrus Brocha, Cyrus Sahukar and Kunal Vijaykar shot promotional videos with us to support the cause as these people have a large social media following. We are continuing with the social media campaign and hope to get more people involved who have a wider outreach to help us with creating awareness for the event. Of course, we are fortunate to have the financial and moral support provided by- Killer Jeans, Ultra Tech Cement, Rotary Club of Bombay Worli, Rotarians- Mr. Sandeep Shah, Partner N.A. Shah Associates, Mr. Ashish Meghani Managing Director Wrap Tech Machines, Mr. Kiran Vora, Mr.Quresh Karachiwala, Mr. Pankaj Tanna, Ms. Kavita Godbole and Mr. Jayanth Nairi- their support has set us free from the initial encumbrances so that we can pursue the promotion of the cause with the confidence that that they are with us, throughout the event and after, to help wherever we need their support. Our organising team had some great help from three young students- Armaan Bhatia student of St. Xavier’s, Siddhant Navalakha student of Jai Hind college and Varun Tanna from HR college whose timely assistance went a long way in making the first 1100km ride a success. I have no doubt that their efforts will ensure that the second ride is a success as well.
Do you intend for this to be a yearly event? Would you consider replicating this Cause Cyclothon for other regions in India?
As of now, we intend to undertake three rides in total to different parts of India and support educational initiatives en-route at various institutions. We have completed the first ride across the Western region and now preparing for our second ride which will cover central and Southern India. We have not finalised a destination or route for the final ride yet, but it would be nice to cover all the remaining portions in this vast and diverse country. If we continue to enjoy the support of our friends, families, fellow cyclists and the persons mentioned above who are generously sponsoring us, I see no difficulty in making this a yearly endeavour, or even multiple times a year.We plan to complete the third cycle ride by August 2016, possibly around August 14 and 15, the independence days of Pakistan and India respectively. If we are successful, I will dedicate the ride to independence in the subcontinent- independence from oppression, independence from tyranny and any turmoil, created by the hands of men, that deprives children from the ability to change their lives for the better. If not a financial contribution the least I hope to evoke from everyone is an introspective thought on how far the subcontinent has come in uplifting the weakest amongst us. Maybe that introspection will prompt them in playing a role, howsoever small, in making a perceptible and productive difference to someone’s life. I hope I’ll succeed in this endeavour.
What is the advice you would like to give our readers?
There is a difference in being alone and being lonely. In law school, the boundaries between the two are often blurred but overcoming this central anxiety and paradox of life will train you to focus on identifying purpose and meaning in life. It will help you find that one thing in your life that is more important than you are, and then dedicate your life to it.
As lawyers, we live in a culture of immediacy, where even our understating of the abstract is too ‘rationalised’, but when you’re pursuing something worthwhile, expect it to take some time and don’t get perturbed by the transitory stillness of life, rather cherish it for when the time comes for you to pursue your true goal, such still moments may be hard to come by. So run, go for aimless walks, cycle to nowhere in particular and don’t fear boredom. There is an evolutionary and creative purpose behind the aimless wandering and unconscious processing of thought. Give in to it every once in a while. Give yourself some “me-time”.
And lastly, push yourself to participate in the creativity that an education in law has to offer, refuse to isolate yourself and learn to appreciate the bitter-sweet path of tenacity even if your counter-cultural bravery and constructive dissent are underrated.
Ridhi Kabra graduated from NALSAR, Hyderabad in the 2013 batch. She went on to pursue higher studies from University of Cambridge after being awarded the Commonwealth Shared Scholarship. Her thesis presentation there earned her the Nappert Prize in International Law at the McGill University in Montreal. She has had experience of working with the International Arbitration Team of Shearman & Sterling LLP in Paris. She has been awarded TAPP Scholarship to pursue PhD from Cambridge University, which she will be pursuing later this year.
In this interview she talks about:
Her experience at NALSAR, winning the 19th Willem C. Vis International Moot Court Competition;
The application process, scholarships, etc. for admission at Cambridge; and
Her experience in Arbitration and at Shearman & Sterling LLP
Tell us a bit about yourself. What motivated you to choose law for a career?
I was brought up in Calcutta. I went to school at Mahadevi Birla Girls’ Higher Secondary School. I was lucky to be schooled there, because in the 90s my school was probably the only school that afforded students the opportunity to excel at academics and extra-curricular activities. In school, I was involved in swimming, skating, gymnastics, dance, music and a host of other activities. My mother played a huge role in giving me a holistic learning experience as a child. Outside school hours I would go for my bharatnatyam, Hindustani classical music and art training. This level of exposure had a considerable impact on my life, it taught me that being good at academics was never enough.
Looking back, I think the reason I chose law was because I did not want to pursue the more preferred options among students of Calcutta- engineering, medicine, chartered accountancy, business studies. Since, I found these options very conventional, I began reading up on different career options and chanced upon law. Law appealed to the logical side of me. Having no lawyer in the family, it was difficult to understand what legal education meant. So I decided to join Prime to prepare for the entrance exams. It was during my coaching at Prime that I met a few lawyers who ultimately influenced my decision to take up law as a career.
Tell us about your college life at NALSAR. What all activities did you partake in?
Since I had no concrete reason for taking up the study of law, I remember being quite lost in my 1st semester at NALSAR. I was part of the first batch of students to be admitted through the common law entrance exams (CLAT). To my good fortune, this meant that I was surrounded by exceptionally talented batchmates who helped me learn a lot.
Since I do not come from a legal background, I started with a clean slate. NALSAR provided the perfect platform to explore different areas of law- so I went from being interested in intellectual property law in the first couple of years, to constitutional law and corporate law and then eventually to international law and international arbitration. For each of these areas of law I tried to develop my understanding better through a range of activities- internships, participation in various competitions, publications and the like.
NALSAR gave me the foundation I was looking for. I credit NALSAR for giving me the opportunity to explore my area of interest, both within the classroom and outside. At NALSAR, I saw myself participating in both national and international moot court competitions, presenting papers at conferences and publishing research papers. The freedom to undertake these activities helped me develop me skills beyond what was taught in the classroom.
You were one of the most exceptional students at NALSAR in your batch and have graduated 2nd in the batch with a few gold medals for being one of the batch toppers. Please give us a few actionable tips on managing higher grades.
I think 5 years is a long time and it is very easy to lose sight of the bigger picture, therefore one must find reasons to stay motivated. I have always set goals/targets for myself, challenging yet attainable, and have worked towards achieving those goals.
I have found it useful to pay attention in class. Listening to what professors have to say, irrespective of our own assessment of their teaching, and taking notes in class has worked for me. I have also found it useful to explore concepts in detail instead of learning by rote. In a field such as law, a little extra reading outside the class room can set the fundamentals in order and go a long way in developing a sound understanding of the law.
Lastly, I cannot overemphasize the importance of organization and discipline. Having a planned schedule for the semester (or just for exam preparation), organized notes on each subject, etc. is half the battle won.
Having said all of this, there is no set way to manage high grades and is an individual choice.
You were a part of the team which won 19th Willem C. Vis International Moot Court Competition. What does it take to be a great mooter?
I firmly believe that moot courts are a great way of learning in-depth about a particular area of law. Further, moot courts are a great way of developing one’s skills of applying the law to a fact situation. This is what drew me towards mooting in law school. From the 1st year itself, I began taking part in various national and international moot court competitions. I was fortunate to have wonderful seniors who were always willing to provide guidance. My moot court achievements are a direct reflection of the collective hard work, dedication and skills of the various teams I have worked with.
Mooting being a team exercise, an individual is only as good as the team he/she works with. Since a moot court competition takes several months of preparation, it is important to have a good working relationship with your team members. The dynamics of the team reflect upon the preparation and performance at the competition. It is also important to start early and to start with the basics. For example: for the Willem C Vis Moot, we started our preparation 2 months before the moot problem was released. During this time, we focussed on strengthening our basics of the subject areas of the moot- arbitration and CISG. The team would take turns to discuss a particular topic, so that by the time the problem was released, we had our foundations in place and could delve into the issues that the problem raised. The process of cracking a problem aside, a good mooter is one who moots because he/she enjoys the process and is passionate about it; not because it adds some value to one’s CV.
You have published a few papers in renowned journals and have won the Kachwaha essay competition twice in 2013 and 2014. How should one go about writing papers and getting the same published?
Frankly, there is no fixed way to go about writing a paper. A research paper should address a recent legal development or a change that is desired in the legal system and present cogent reasons for the position being taken. A good paper/essay is one that has a clear structure in place, contextualizes the thesis, and then presents strong, well-reasoned arguments. I also believe in keeping the language simple, easy to read and follow. What is said about mooting applies to publications as well: you shouldn’t write and publish because it checks another box in your CV; you should write because you want to contribute to the debate.
In order to get a paper published, prepare a shortlist of the journals/law reviews you want to approach. Each journal has their own requirement. Once you have modified your paper to meet this requirement, approach the editors of these journals/law reviews. The process is pretty simple, your paper is reviewed by the editors who then inform you if they are willing to publish your paper.
Tell us how has moot court participations and paper publishing helped you in acquiring skills that are important for a successful legal career?
As mentioned earlier, I have found moot courts to be the best way to explore and learn a particular area of law. Moreover, moots help develop various skills, ranging from academic to personal. Moots helped me learn how to apply the theory in practice, improve my legal drafting, build on the ability to work in a group and to handle competitive, high pressure situations. Moots have also taught me that presentation and perfection can leave a huge impact. Authoring papers has gone a long way in improving my legal drafting. It has also helped strengthen my research and analytical skills.
After your graduation, you further went to the University of Cambridge to pursue your Masters. How did you apply for the University? What is the procedure to apply to the prestigious University?
Application to the University of Cambridge is a two-step process. Application to the University has to be made by the middle of November via an online application form. The online application form consists of a range of questions that seek to assess your performance (both academic and otherwise) at the undergraduate level, your reasons to pursue an LLM and similar questions. The application has to be supported by 2-3 referees.
Once the application form is submitted, the next step involves uploading all the relevant documents- transcripts, degrees, CV, etc. At the same time, the University approaches the referees requesting them to upload their recommendations.
Offers of admission are made by the University around March-April.
How did you opt for University of Cambridge? Which other Universities were on your shortlist?
Given my interest in public international law, the University of Cambridge was an obvious choice. The list of international law courses offered by Cambridge is unparalleled and is supplemented by ad-hoc lectures and seminars by visiting academics and practitioners.
The only other university I had applied to was the University of Oxford. Between the two, the choice was made based on funding. Since Cambridge offered me a full scholarship before Oxford, I chose to study at Cambridge.
What are the top three things one should necessarily do in order to get successfully inducted as an LL.M. candidate?
If I had to prepare a list of the three things that are most important, they would be the following-
Consistent record of good academic performance– While Cambridge does not give undue importance to academic performance like the University of Oxford, candidates are still expected to have a consistent record of academic performance. This means, you must aim to be in the top 5-10% of your class.
A well-rounded CV– The application form requires you to furnish details of your achievements, work experience, research projects undertaken and awards secured. This is to ensure that the selectors can undertake a holistic review of your achievements, instead of limiting themselves to your academic performance. It is therefore important for the application form to reflect that you have excelled outside the class room.
Reasons to do an LL.M.– Your application should highlight the reasons you want to do an LL.M. For instance, I have always been interested in pursuing academia and that was reflected in my application.
How was the academic schedule? Was there a lot of academic work? Tell us about the courses which you have undertaken during your LLM at Cambridge.
The rigour of the academic schedule is based on personal choice. The classes are organized in the form of lectures and small group sessions. For each lecture, students are assigned readings; while for the small group sessions which focus on delving deeper into the subject matter, students have the option of submitting an essay. The Faculty does not believe in enforcing its rules on graduate students- the idea is to be responsible for your own work. What this means is that you’re free to sit through the lectures without reading or attend a small group session without submitting an essay. However, I found sitting through lectures and seminars without reading to be quite unproductive, and therefore sought to spend a few hours on my readings everyday. Students are expected to choose 4 subjects. Each subject has a 2-hour lecture every week. Small-group sessions for each subject are generally held once / twice a month.
I chose a combination of commercial and international law courses- settlement of international disputes, law of restitution, competition law and corporate finance law. The idea was to study a combination of subjects I wanted to specialize in (international law) and subjects I did not get the chance to study at the undergraduate level (law of restitution, competition law).
Given that you went to Cambridge on a scholarship, you must be having a fair idea about various scholarships; it would be great, if you could tell us about those to our readers intending to apply for scholarship.
As a law student, the Commonwealth Scholarships are the most prestigious and widely available scholarships for Cambridge. There are 2 ways to secure a Commonwealth Scholarship- you are either nominated by your home country (India) or the University itself. For the former, application deadlines are generally around the first week on November; for the latter, the scholarship application is sent with the university application.
Apart from the Commonwealth, each college at Cambridge has its own set of scholarships. It is best to conduct an online search on the ‘fees and funding’ page of the Cambridge website to get a sense of the scholarships available for the year of study, since some scholarships may not be available every year.
The Cambridge Trust also offers a host of scholarships- either in conjunction with the Commonwealth Commission or in conjunction with a college. There are a few scholarships specifically available to Indians, and there are others open to all international students. The Cambridge Trust also provides part funding to students with a demonstrated financial need. Again, it is best to check the website of the Trust for updated information.
Other than the above, there are a number of trusts in India that have also set up their own scholarships. The Inlaks Trust, the OCSI, the Ratan Tata Foundation, the Aga Khan Foundation, etc are some scholarships aimed at Indian students intending to study at any University outside India.
You were awarded the Commonwealth Shared Scholarship for pursuing LLM at Cambridge University. Tell us about it.
The application process is divided into two steps. As a first step, you must specify that you wish to be considered for the Commonwealth Scholarship in the application form to the University itself. The University application form requests every candidate to submit a 500 word essay to support their scholarship application.
The University then creates a shortlist of the students who are to be considered by the Commonwealth Commission. Once the University informs you that you have been shortlisted, you are invited to complete the Commission’s application form. Since the Commonwealth looks for candidates interested in making a difference to their home county, the application form consists of questions that expect you to outline how your country would benefit from your education, etc.
The Commission then decides on the merit of the applications and the successful candidates are informed towards the end of June.
You did a thesis on settlement of international disputes under the supervision of Dr. Michael Waibel for your LLM course. How was the experience working under his supervision?
Michael is an amazing supervisor. He understands that the thesis is the work of the student and therefore refrains from enforcing his own opinion. Instead, he debated each argument with me, playing the devil’s advocate sometimes, just so I could look at the issue holistically. He also challenged my thinking by presenting hypothetical situations to ensure that my work was forward-looking. Michael also doesn’t believe in spoon-feeding his students. It is the student’s prerogative to approach him, and decide how best to use the supervision time allotted.
I also find Michael very approachable. No question is a stupid question for him. He is very patient and is always keen to provide guidance on various matters.
Your thesis was awarded the Nappert Prize in International Law and you were invited to present your paper at McGill University in Montreal law. How did you go about achieving this?
The Nappert Prize has been instituted by Sophie Nappert, along with the Faculty of Law at McGill University. I was informed of the prize by Michael, who suggested that I could send my thesis for the prize.
After tweaking my thesis to meet the requirements of the prize, I sent my submission in May 2014. All submissions went through a three stage review. At the first stage, the essays were reviewed by Prof. Andrea Bjorklund of McGill University. The essays shortlisted by her were then sent to the jury which consisted of Professor George Bermann, Teresa Cheng, Professor Cordero-Moss, José Ricardo Feris, Meg Kinnear and Philippe Pinsolle. At the second stage, each essay was reviewed by 2 of the 6 jurors. To be shortlisted for the third stage, each essay had to be approved by both the jurors. Finally, the last stage involved the shortlisted essays being reviewed by all 6 jurors.
I was informed that my essay was awarded the Nappert Prize in August 2014. As part of the prize, I was invited to present my essay at a symposium held by McGill University. The symposium was part of a conference on the Canada-EU Free Trade Agreement. Needless to say, I found the opportunity to present my work in front of some of the stalwarts of the field to be an enriching experience. In particular, I found their feedback on my work very useful.
Do you think that the Indian law universities need a change to match up to the standards of foreign universities? What can be done in order to make NLUs more conducive for learning? How do you think Indian Universities may improve the education regime?
I would be writing a short thesis here if I attempted to answer the above questions comprehensively. There is a lot that Indian universities can do to provide a healthy learning environment- by which I do not just mean improving the standard of teaching.
I have said previously that the Indian education system lacks vision. Enough importance is not given to individual, original, analytical thinking. A lot of the blame for this falls on the lack of innovation among the faculty. A good example would be the answers expected in an Indian law school exam. Professors expect students to find the ‘right’ answer to a problem, failing to realize that, in most cases, the law may be open to multiple ‘right’ answers and it is the ability to identify these multiple interpretations that a professor should be marking. Analytical thinking is developed by mandating regular readings, introducing recent developments in the law into the classroom and encouraging students to submit written work on questions that they find interesting.
Indian universities also need to invest in attracting talent towards academia. In the current system, academia is looked at as a last resort, for a host of reasons- the pay is not satisfactory, younger members of faculty are not allowed to teach their subject of choice, most institutions do not have access to some basic legal resources (books, online databases, etc.) and for a law graduate starting a career in academia, it could be a major obstacle to conducting research and producing good work.
Also, foreign universities place a lot of importance on providing guidance to students. I have had law students asking me the “correct” way to structure a research paper, to work on cracking a moot court problem, to apply for internships etc. There is a lot to be learnt from the manner in which assistance is provided abroad- there are dedicated cells to assist with any and every problem that a law student may face, regular workshops to teach students how to conduct research or write a paper and a formal system of coaching for moot court activities, dedicated tutors and mentors to provide individual assistance, etc. This is a model that Indian universities would do well to emulate.
You have worked with the International Arbitration Team of Shearman & Sterling LLP in Paris. What drove you to take up work in a law firm?
The intention behind joining Shearman & Sterling was to gain some practical experience before starting my Ph.D. and shifting to academia. Almost everyone I spoke to during my LL.M. advised me to commence my Ph.D. only after I had gained some practical experience. I had applied to Shearman & Sterling while at Cambridge because Shearman has one of the biggest arbitration practices. The application process, which involves 2 rounds of interviews (the first by an associate and a counsel, and the second by a partner) took about 6 months.
While at Shearman, I got to work on both commercial and investment arbitrations. Commercial arbitration is more experimental- there is more scope to strategize and innovate. Investment arbitration on the other hand, is slightly more rigid- the broad contours of the arguments are more standard. I was involved in various stages of an arbitration proceeding- from discussing the strategy, to drafting memos and claims, to filing. Such a wide range of exposure ensured that I understood the arbitration process thoroughly- something that I look forward to using in my Ph.D.
What’s your take on work- life balance? How do you go about it?
In a field such as ours, where work hours tend to get crazy, I think it’s very important to maintain a work-life balance. I think I learnt the art of balancing work and life while at Cambridge. If there’s one thing we Indians should learn from students abroad, it’s that. They know how to get the maximum out of a day.
I don’t really have a standard formula. I generally believe in a disciplined life and try to keep a very comprehensive schedule of things that need to be done on any given day. As far as I can, I try not to compromise on anything.
You are going to start your Ph.D at Cambridge later this year. What benefit can the arbitration practitioners derive out of doing Ph.D?
Strictly speaking, arbitration practitioners (counsels) do not gain much from a Ph.D. Generally, law firms require lawyers with basic skill sets, i.e. lawyers who have an undergraduate degree, because most of the training is on the job.
A Ph.D. is preferred by people looking to pursue a career in academia.
You bagged TAPP scholarship and got a full scholarship to pursue Ph.D from Cambridge University. How did you get to know about it? What is the application and selection process? What is essential for one to succeed in his/her application? Please share details of the scholarship with us.
The W.M. Tapp Scholarship is provided by Gonville and Caius College (G&C). A simple search on the University’s funding page is sufficient to identify the scholarships available. I chose to apply for the Tapp Scholarship because I was looking to have my education fully-funded and was not allowed to re-apply for the Commonwealth Scholarship.
In order to apply for the Tapp Scholarship, you need to first select G&C as your preferred choice of college in the University’s admission form. This is because you need to be accepted by G&C to be eligible for the scholarship. The next step is to submit a specific application to G&C. For a doctoral degree in law, the research proposal has to be attached to the application form. The application has to be supported by two letters of recommendation, preferably by professors you have studied under/worked with. It is important to have at least one recommendation from a professor who taught you during the LL.M. course.
The Tapp is a very prestigious scholarship for law students. The basic requirement to be awarded the scholarship is a 1st in your master’s degree (or its equivalent). For a doctoral degree, the area of research should be novel, you must have prior publications and a well-rounded CV. The references also go long a way in supporting your application.
What would be your advice for the students planning to pursue higher studies?
Follow your heart, do not let others influence your decision. Dream big and persevere to achieve those dreams, don’t be side-tracked by minor obstacles. There is a lot of help available, do not be afraid to ask.
And, use your education to contribute to the (legal) community in whatever small way you can. We can truly make a difference if each one of us makes a small effort to improve the education system in India.
Abdaal Akhtar graduated from NALSAR, Hyderabad, in 2013. He has previously worked with ITC, Calcutta. He had attempted the UPSC exam twice, and this year with an all India rank of 35 he made it to the IAS. He is currently undergoing the Foundation Course at Lal Bahadur Shastri National Academy of Administration, Mussoorie.
In this interview he talks about:
His years in college, and working on a passion for quizzing.
Working in ITC, Calcutta as an in house counsel.
Cracking the UPSC exam.
Experience at Lal Bahadur Shastri National Academy of Administration, Mussoorie.
Given that most of our readers are law students and young lawyers, how will you introduce yourself to them? Do you come from a family of lawyers?
I was the first lawyer in my family. My father is a Civil Servant who works for the Indian Railways and my mother is a homemaker. Taking up law, that too in 2007, was a rather unconventional choice. This was more so since I then lived in Hyderabad where Engineering and Medicine ruled the roost as preferred career options. However my parents had heard of the National Law Schools and were very supportive of my decision.
What was it that got you interested in the legal field? How did you prepare to get into NALSAR? Was it rigorous preparation or was some luck involved?
There was no single incident as such. Probably some of it had to do with my dislike of Math and Science. But I always had a deep interest in politics, current affairs and modern Indian history. I do not think there is any other field apart from Law that so beautifully marries these areas. Credit must also go to the erstwhile LST. Their website, and the peer group they introduced me to, went a long way in making me aware of law as a career, the various choices that I could pursue in Law School and also assuaged any lingering concerns that I had. My preparation was hardly rigorous. I was studying Political Science in Class 12th and that covered a lot of the Polity syllabus for CLAT. My GK has always been good-largely due to the excellent quizzing environment in Hyderabad. So it is fair to say I approached CLAT with a strong base. Of course there had to be a large dollop of luck involved since I had not bothered to apply elsewhere.
Please do share with us some memories from your five years in college. Did you participate in extra curricular activities?
The five years at NALSAR were not only the best years of my life but also fundamentally changed me as a person. It introduced me to a range of ideas, opinions and people and taught me to respect opposing points of view. I was again very lucky as far as my friends circle was concerned-all extremely bright, well read and smart individuals who helped me grow as a person. Law School was also a lot of fun-dhaba trips, mass bunks, quizzes and the good times from the hostel. Some of it had to do with the fact that NALSAR is a self-contained eco system far away from Hyderabad-so at some level you get to know your college mates much better. Quizzes were the only extra curricular activity I participated in and a couple of us went to great lengths to take part in whatever quizzes were being held in the city.
What according to you can make law students more interested in studying constitutional law and public policy in comparison to, the much sought after, corporate law?
Constitutional Law and Public Policy are not subjects that you can force somebody to develop an interest in. I do tend to think, and I may be wrong, that if you have chosen Law for the right reasons, a fascination with these two subjects is a given. As lawyers, we all read the Constitution but few tend to appreciate the beauty of this document that, to quote Granville Austin, is the ‘cornerstone of a nation’. It offers none of the monetary incentives that taking commercial law courses can, but one must realise that if he/she intends to make a career in public life or litigation, a thorough knowledge of the Constitution is an absolute must.
Did you ever take part in moots or indulge in academic legal writing? Do you feel these are activities that should be left to the discretion of students or something that students should partake in mandatorily as well?
The great advantage of Law School is that it opens multiple doors for you. You can do absolutely anything-from activism to entrepreneurship; and Law School would equip you for it. This is because learning the Law makes you a generally better informed and smarter person. I would not wish to circumscribe this freedom by making legal writing or moots compulsory. This will only worsen the pressure that the sometimes overly competitive law school peer group engenders. For instance, moots never held any interest for me and I stayed clear of them throughout college. Yet, I have seen plenty of my friends becoming better lawyers (or law finders) just by participating in moots regularly. So to each their own.
Were you interested in quizzing from school itself? Or was it something that developed in law school? What advice would you give our readers, to follow the love for quizzing?
Quizzing was something I took up in school and continued throughout Law School. Quizzing is fun, informative and doesn’t make too many demands on your time. NALSAR has a very active quizzing culture and my juniors have left us far behind in the field. I am sure all law students can take a Sunday off every month and attend any of the quiz clubs in their cities. It would be totally worth it.
You’ve had a wide variety of internships during your time as a college student. Do tell us about the places you’ve interned at and whether these were all planned or happened on the go?
I had absolutely no guidance regarding internships. So I picked whatever I could-mostly to explore different facets of the profession. I especially remember my internship with Mr Raju Ramachandran, Sr Advocate, with great fondness. He treated me just like he would treat one of his own juniors. He was kind to a fault and liberal with his time. For a third year student, it was the best initiation into the world of litigation.
After graduating from NALSAR you had worked with ITC Ltd in Calcutta. How did the appointment take place? How helpful do you think a CGPA is to get recruited?
I had interned at ITC during my fourth year, liked what they did and applied for a job there largely because everybody else was taking part in the Placements process too. While my CGPA did play a role, ITC has an intensive recruitment process that comprises of a written test to check your basics in Law followed by an Interview.
Could you please elaborate on the experience of practicing litigation in the High Court and District Courts, during your tenure with ITC?
ITC’s in-house Legal Department is one of the best in the country as far as exposure is concerned. In litigation, for instance, we were involved in the entire process right from the cause of action to briefing the senior counsels. The bosses expect you to shoulder responsibility, take initiative and largely give you the freedom to choose your course of action. It was baptism by fire and I am thankful for it. It taught me more law than I probably learned in five years of college.
How was the work environment at ITC? What prompted you to quit in 2014?
I thoroughly enjoyed my stint with ITC. If I resigned, it was only because Civil Services was a long cherished ambition and one that would just pass by if I did not devote my full time and attention to it. My parents did have some reservations as I was leaving an excellent job but again they came around when they saw that I was insistent on giving a serious shot at the Civil Services Exam. I reckoned that if I were to have any regrets a decade down the line, they better be about the fact that I tried and failed at what I wanted to, rather than that I never even tried.
You attempted UPSC twice. What was the routine you followed everyday till you cracked the exam? How long did you spend preparing for it?
I had my first shot at UPSC while working full time at ITC. The fact that I could make it to the Railways without any serious preparation emboldened me to give another, better prepared shot at it. I resigned and moved to Delhi as my father is posted there. In the five months that followed, I spent no more than 4-5 hours daily preparing for the exam. I must add a note of caution that I could make it with this amount of preparation only because I had a strong base in GK from regular newspaper reading. I did not feel the need to join any coaching institution. A large part of the UPSC General Studies syllabus is nothing but basic Constitutional law that college had already equipped me for. The rest of it was easily managed through regular self study over half a year.
What did you do to keep yourself abreast of all domestic and international current affairs? How did you study for static GK?
There is no better source than newspapers and the Internet for current affairs. An Indian Express or a Hindu is an absolute must. Some people make notes. I did not. You have to choose your own approach. Static GK is best done from NCERTs and certain standard textbooks. I must add that a regular reading habit also helps your immeasurably. It does not matter what you read, as long as you do.
Lakhs of people attempt the UPSC prelims and only a thousand get selected for the main written exam. Which are the prime skills and expertise required to crack the prelims?
A broad and eclectic reading habit is the surest guide to cracking the Prelims. This is not something that can be mastered in a few months and only comes with a genuine interest in the broader world around you. One must be updated with the important events happening both in India and abroad-a task that the Internet makes very easy.
What made you pick IAS over the other service such as IFS, IRS or IPS? How do you want to serve the nation?
The IAS is the supreme generalist service. It expects you to become a Master of all Trades. Thus the challenges it throws up are varied and never ending. I thought it would be an exciting way to spend the next three decades of my life. This takes nothing away from the specialization that an IFS or IPS career expects. These two approaches have their own merits and drawbacks. Serving the nation is a misleading term. As Pt Nehru said in his Tryst with Destiny speech, the service of India is actually the service of her hungry and poor millions. That should be the primary motive of anybody aiming for a career in the Civil Services. If you cannot take the rigours of serving in the remotest corners of the country, trying to make sure that the Government’s welfare schemes benefit those they were intended for, then this career is not for you. Honesty, integrity and strength of character are today much abused and frequently bandied about terms, but one must attempt to live these ideals every day during his/her time in the Civil Services.
Where is your training for IAS being held? What is the duration? Do give us some insight on the experience so far.
As a probationer in the IAS, I am currently undergoing the Foundation Course common to All India and Central Services at Lal Bahadur Shastri National Academy of Administration, Mussoorie. This is a four month long course that seeks to expose you to certain basics of law, economics and political science that are a must for all Civil Servants. It also seeks to build your character and expose you to varied influences through regular treks, group activities, cultural events, village visits and lectures by eminent personalities. It is an extremely hectic yet rewarding time of any Probationer’s career.
Do you think law students might have an edge while preparing for the UPSC exam?
Law students have a great edge while preparing for the UPSC. As I have already mentioned, close to half of the GS syllabus is nothing but basic Constitutional Law. The ability to think logically, write crisply and present multiple sides of an issue are some other traits that lawyers cultivate and UPSC rewards in its exams.
What would be your message to law students and lawyers who aspire to become a civil servant?
The Civil Services as a career is extremely challenging. You have to balance your personal and professional lives with the onerous duties that are placed on your shoulders. You are accountable not to a mere boss but to the people of India. Your indiscretions and mistakes will not lead to a mere delayed promotion but will have real, lasting consequences on the lives of millions. The pay is enough for a comfortable living but is obviously nothing compared to what commercial law firms pay. So do keep these factors in mind when you decide to take the plunge. As I have already mentioned, there is only one good reason to take this up-a genuine desire to serve your country and its people with Constitutional values as your sole guide. If your reasons are different, then you will never be able to see the rewarding side of being a public servant.
Charitha Shashiraj graduated from NALSAR, Hyderabad in 2014. She went for a Vacation Scheme at Linklaters and Allen & Overy and thereafter, secured a job at Linklaters, London. However, she chose to pursue an LL.M from Harvard Law School over the Magic Circle job.
In this interview she talks about:
Application and the admission process at Harvard Law School
Faculty, facility and opportunities at Harvard
Application process and importance of vacation schemes in Magic Law Firms
How did you choose law as a career option?
I’m a first-generation lawyer in my family and when I was in school, like most people I harbourednotionsof lawyers as peoplewho milled around in courts in billowing black robes.So law was not something I had planned to doinitially, I was more of a math-and-science-freak. A friend of mine who was a year up in school convinced me otherwise after joining NLS.
I think it was CLAT that brought home the point that law was as much about logic, reasoning and creativity as the sciences. And when I was cleared to go to one of the best law schools in the country at the time, I took it as a sign.
How was your NALSAR experience?
NALSAR gave me opportunities that I know I would have found nowhere else and I cannot emphasize how grateful I am for it.
I went to Singapore for an exchange programme in my third year, mooted at national and international moots, wrote papers, chaired editorial boards, taught the junior batches, interned at every opportunity and so much else, and did well at almost everything only because NALSAR gives us the resources and support to excel not just at academics, but at other things as well. Throughout law school, I learned to open my mind and question established norms in society. Activism and social change is a huge dimension of NALSAR’s education and while I might not always have been an active participant, I never failed to appreciate that it was the best part of law school. Ultimately, we had the best of everything- intellectual discussions peaked, top tier law firms in the country vied to take us, Magic Circle firms from London came down for interviews and the best universities in the world opened their gates for us.
The EABL course attracted my attention primarily because something of this nature was almost unheard of in Indian law schools. Law students are often heard complaining that there’s not much we draw from classes on corporate law when it comes to actually working in a law firm. In that respect, the EABL Diploma course was bound to be an immediate success- directly hearing from practitioners in the field and working through problems based on real transactions, that’s the only possible way learning in theory can transition into practice. I distinctly recall accessing some of EABL’s documents when I was working on a Banking problem in AMSS, to understand what related laws I should be looking into. The reading material was really impressive- it was concise and organized, yet comprehensive. It was incredibly helpful and I’d highly recommend it to anyone who’s looking to make a mark in the corporate law sector.
Which firms did you apply to? What is the selection process in Linklaters and what does the firm expect from an Indian law student?
I sat my interviews for Linklaters and Allen and Overy in the penultimate year of law school and eventually chose to go to Linklaters. That’s where I’ll be headed in September to start as a Trainee Solicitor. The key to securing a place in these firms is to think on your feet. The application process is much like your LL.M applications, but the interviews really test how fast and how creatively you think. Be prepared to answer HR questions that aimto test your skill set, which you will be asked to exemplify using various examples from your life. More important though is the technical interview, which would entail a basic working knowledge of how an M&A transaction works and what purpose a Due Diligence Report serves. Linklaters has a series of logical reasoning tests that you have to go through, the kind that CLAT tests you on. And a simulated exercise where you have to answer a set of emails within a stipulated time that gauges how you would, as a Trainee, respond to different and difficult situations in the firm. A&O has a similar exercise that requires you to peruse a DD Report in a particular time frame and answer questions about the transaction. The questions are definitely more logic than knowledge based but it does assume a basic understanding of corporate law. You also need to have some basic knowledge about the firm itself, its offices and some of the transactions that are currently ongoing.
Please tell us a bit about your vacation scheme experience.
In my personal experience, these Vacation Schemes were significantly different from Indian Internships. They genuinely care about giving you the best possible training and the entire internship is very structured and organized to the last possible detail. It is as much about you choosing them as they choosing you and they make every effort to impress you. You sit with the supervisor assigned to overlook your work throughout, so help is available at any and every point in time. Senior trainees and associates are more than willing to make time for you if you approach them for help, even if they have their hands full with their own work. Trainees do a lot of the paperwork once the decisions have been made, editing and sometimes even drafting the supplemental agreements, especially in the smaller groups. We attend conference calls and client meetings as well. There is plenty of opportunity to relax and catch up with colleagues during team activities, retreats and over evening drinks. You might have to put in some long hours on some days, but I think it’s worth the effort.
After that, you went on to pursue LL.M. from Harvard Law School. What were the other universities of choice?
Honestly, I was unsure whether I should continue to study further since I already had an offer from Linklaters. I decided that I would opt for an LL.M only if it was one of the best in the world and so I applied only to Oxbridge and Harvard, given their unparalleled reputation. Yale and Columbia would probably have been my other choices, if I had to choose more.
Did you consider taking up a job in the USA itself? What were the opportunities available to you?
I wanted to keep my options open, but most legal positions in the US require you to take the Bar Exam. There are certain basic courses that are pre-requisites to take the Bar but these cut significantly into the credits available for the academic year and prevented me from diversifying into courses that I was really interested in. Eventually, I decided that I didn’t want to forego the rare opportunity that Harvard afforded me – to study thought-provoking courses with stellar professors who in many cases are the world’s foremost experts on the topic. I was fairly secure since I had a job lined up already and in any case I preferred London’s more refined lifestyle to the American way of life. It was a hard decision I made at the time, but I think all in all a good one.
What was the admission process for securing a seat at Harvard Law School?
The admissions process for the Harvard LL.M proceeds in several stages. Applications are usually due sometime in November-December. Once the completed application is submitted, applicant’s recommenders receive emails requesting them to upload their recommendations to a secure web portal. Applicants will not be at liberty to view the recommendations but it is upto them to ensure that the recommendations are uploaded directly by the recommender withinthe specified deadline. Like most US institutions, you can use the LSAC services to send the required documents to Harvard. The LSAC is basically an integrated service that several top US institutions subscribe to. For a small fee, you can avoid having to mail/courier documents separately to each institution. The documents can (in some cases, have to) be sent to LSAC, where they will be vetted and sent out to the institutions of your choice.
What do the selectors expect from an application of a law student at Harvard?
The application itself is fairly straight-forward, divided into easily understandable sections that require the applicant to furnish personal details and highlight their personal achievements and work experiences. Needless to say, it demands a high level of competency and is a holistic review of your achievements right from high school tolaw school and any work experience gained subsequently. Ensure that you do a thorough job on the application andtake time to think through every major activity/achievement of your formative years. One thing worth mentioning in the application is the part that requires you to list the subjects you are potentially interested in studying at Harvard. Remember that it is no marker of what you might eventually end up studying once accepted into the program. My advice would be to think strategically and build an application based on an area that you have already worked and excelled in that would support your credibility when you evince an interest in pursuing an LLM.So an ‘area of expertise’, if you will, rather than an area of interest. For instance, I was interested in both Corporate Law and Gender Studies but had no significant experience in the latter. I think (though I might be mistaken) that chances at success would have been considerably lesser if I had indicated an interest in Gender Studies while my entire application screamed corporate law. Eventually, despite having had no previous exposure in that area, once I was accepted I chose to pursue Gender Studies. They want to see a carefully crafted application. And most importantly, they want to see what drives your decision to do an LLMso its imperative that you give them a compelling reason for wanting to do the LLM in the first place.Focus every aspect of the application on one area- it is also an indicator of how focused and organized you are as a person.
Perhaps the most important part of the application is the essay that has to be written on a contemporary matter of the applicant’s choice. I would say that this should preferably be something related to what has been indicated as your area of interest. It should be creative, concise, cohesive, relevant and structurally sound. It might be this alone that sets you apart from the other applicants to Harvard, all of whom are assuredly high-achievers.
How far do you think Harvard grants financial aid to foreign students? What is the procedure for obtaining such an aid?
Should the applicant wish to apply for financial aid, there is a separate application that has to be filled and this would require the applicant to submit not just their financial status but also their parents’ financial details. Harvard is very generous with their financial aid, which can be in the form of a loan (not interest-free), a grant or a combination of both. Their aid is need-based, not merit-based like scholarships in general.
What opportunities does Harvard provide to foreign students?
The variety in the courses on offer at Harvard is unimaginable- there are over 400 courses to choose from- which are as broad as ‘International Law’ to niche topics like ‘Law and Neuroscience’. There are fascinating courses associated with literature and the arts, which can be extremely fun to explore, such as ‘Justice in Shakespeare’s Plays’ or ‘Music and Digital Laws’. There are theory-based courses for the thinkers and practical skill-based ones for the shooters. In addition to this, the LL.M allows you to cross-register with prestigious institutions like MIT or Fletcher as well as the other Harvard schools as a substitute for law school credits, a remarkable opportunity to reach out to non-law friends. LL.Ms generally opt for courses with a more international scope, but many of them looking to work in the US do prefer US-centric courses, both options are well catered to at Harvard. We sit our classes with the JD students; there are no courses that are exclusive to LL.Ms alone. Once again, this provides us with the chance to interact with a wider circle, and learn from the best of our contemporaries. Hands on experience can be gained through a variety of co-curricular and extra-curricular activities, including societies, lunch talks, guest lectures, demonstrations, clubs and most importantly clinics, where legal practitioners in both private and public services recruit students to engage in real ongoing deals. The most common refrain I’ve heard from every LL.M is that the nine-month course is bursting with activities that are far in excess of what its possible to do in that short period so make no mistake, it’s going to be a chaotic year.
It’s not all studies either. There’s plenty of opportunity for day trips during weekends, and longer ones during the spring break. Sports, mooting, music and every other activity you can think of happens everyday. Harvard also sponsors activities like a wine-tasting club. So trust me when I say that anyone and everyone, no matter what your interests or inclinations, will find what they love at Harvard, academics or otherwise. It might seem overwhelming at times, but at any given point there are at least six people, including previous LL.Ms and current SJDs who have been officially assigned who you can approach for advice in any matter, not to mention plenty of other people who are always eager to help. Talk to people, make friends. Use the year well and “you will never again find a place in the world where you would have to seek out a hotel” – that was the first thing we were told during the orientation.
Please tell us about how the classes are conducted in Harvard, what method of teaching is followed by teachers and what other things that makes Harvard distinct from other law schools?
Classes can be in the form of courses (group of 80-100 students), seminars (group of 20 or so) or reading groups (groups of 12). The smaller classes understandably tend to be more intensive in terms of readings and discussions and they run into more depth in terms of subject matter. The bigger classes generally test you on exams, which can be both in-class and take-home, whereas the smaller ones expect everyday participation and daily/weekly reports and papers. You are also required to write an original 25/50 page LL.M dissertation to complete the course.
It goes without saying that the professors and teaching methods are top-notch. Readings are more theory and case law based, and there’s very less statutory law relied upon. Most professors follow the Socratic method of teaching, something you rarely encounter in Indian law schools. Very few professors opt for lecture style teaching, most only lead ‘discussions’ in class. This means having to read what could possibly be hundreds of pages before every class and being prepared to answer questions on it if called upon. In my experience this tends to generate a more productive discussion, not only because students are more involved but also because I found their views are sometimes more refreshing and insightful than the professors. You would not expect JDs who have no law background to be so sharp, but their observations are fascinating- just to see the way they have been taught to think was incredible. If there is something I most admired about Harvard, it’s the liberty and free-thinking that it allows and encourages, something you tend not to find often in Indian law schools.
How does an LL.M degree help you after you graduate from Harvard?
To be honest, the LL.M does not do much for your CV if you are looking primarily for a job in India, particularly in the corporate sector. Most people who pursue a Harvard LL.M are already experienced and accomplished and are looking to take a break from work or attempting to break into the US legal sector/international organizations. That said, Harvard is worth it even if purely for the experience and you learn a lot more in terms of life skills than academically. For me, Harvard was an intellectual pursuit, and suffice it to say that I couldn’t be more grateful that I made the decision to apply for it; my fellow classmates were undoubtedly the brightest minds in the world and every conversation, whether within or outside the classroom adds something of valueto your knowledge.
There’s no doubt about the fact that Harvard opens up a world of opportunities. Most people subscribe to the NY Job Fair where top-tier law firms from all over the world interview candidates for various positions, similar to placement day in Indian law schools, only on a larger scale. I know a friend who sat 12 interviews in one day (still don’t know how he managed to do that). I’m limited in my knowledge of placements because I didn’t sit for one at Harvard. But I can assure youthat from the very beginning of the admissions process the Consultations Office at Harvard takes proactive measures to ensure Harvard students are aware of every opportunity available to them. If there is one thing you can be sure of, it is that no stone will be left unturned in trying to find you a suitable job. There are two offices that help students seek out jobs and they send frequent updates on openings in both private and public positions. Studentsgot placed at the World Bank, the UN, and every other premier institution onecan dream of.
What made you opt for Gender Studies at Harvard? What all did you learn out of the course?
My primary focus was on Gender Studies, with related courses in Constitutional Law to supplement it. I can’t say there was any particular incident that drove my decision, but law school in general had piqued my interest in this area. We generally study for 23-27 credits in the entire term. I took courses on Feminist Legal Theory, Sex Equality, Family Law, Comparative Constitutional law and the Fourteenth Amendment amongst others, all with a gender specific focus. Perhaps my best experience was with Sex Equality where I had the privilege of being taught by Prof. Catherine MacKinnon, a legend in the feminist movement who is considered world over as the pioneering figure in radical feminism. However, as far as my intellectual pursuit went, I think I was most passionate about Feminist Legal Theory, taught by Prof. Janet Halley who also supervised my LL.M thesis on the Hindu Joint Family. The course was wildly liberating, her brand of feminism is starkly different from usual accounts and I found myself questioning a lot of the previous assumptions I had about it. Having never had any formal education in feminist literature previously, I was amazed at how much there was to it.
Apart from the usual courses for credits, we also have the opportunity to sit in on classes just as an observer and that’s a real advantage. With the prior permission of the instructor, we can learn from the entire gamut of famous Harvard professors. Not to mention the multiple guest lectures that happen on an everyday basis, with famous personalities like Mitt Romney, Justices Elena Kagan and Scalia, and Justice Albie Sachs in attendance amongst others. To hear them speak and learn from them first hand was an unforgettable experience.
Do you intend to do pursue higher studies at any point of time?
At some point I also intend to study further, and do a PhD. Harvard offers you the opportunity to do an SJD which is the equivalent of a PhD but it is a five-year course as against the usual 3 years in the UK. It is however, extremely selective and niche since the candidates are chosen largely from the previous LL.M batches. I was keen to continue with the same and my supervisor was equally eager but eventually, I thought the time commitment seemed too much. Having never had any significant work experience before I thought it’s high time I gain some exposure now. I will probably apply to Oxford or Cambridge for a PhD soon.
Would you like to leave some message for our readers?
Try to do the best at whatever you do. Most people suggest that you should find and follow your passion, but throughout my life I’ve learnt to be passionate about anything I do; whether it is something I really wanted to do has been a secondary concern. Accept that you will not always get what you want, so its important to not be disillusioned by this; rather, take every opportunity you getand work at it with the same zeal you would have for your dream. I’ve always lived by this principle and I think I’ve been the happier for it.
Manojna Yeluri is a graduate of the 2010 batch of National Academy of Legal Studies and Research University (NALSAR). She started working at the Bangalore office of Amarchand & Mangaldas & Suresh A Shroff& Co. (AMSS), right after graduating. She soon left her job to pursue her Masters in Entertainment, Media and Intellectual Property Law at the University of California, Los Angeles (UCLA), in the year 2011.
Since returning, she has founded Artistik License, an organisation specialising in the rights of artists, entrepreneurs and other creative professionals. She is also a Business Development Consultant at Vahura, a legal recruitment firm, and this year, she held the post of Content Curator and Co-ordinator at Construkt Festival 2015.
In this interview, Manojna opens up about:
What made her choose to pursue Entertainment and Media Law, despite having a job at the largest law firm, AMSS;
The application process to UCLA, as well as the importance of a Statement of Purpose (SoP);
Her work experience at Artistik License, Vahura and ConstruktFestival 2015.
Whatmade you choose Law as your profession? Is there anyone else in your family who works in the legal field?
To be fair, pursuing a career in law was not my first choice. Growing up, I was led to believe that I could pursue a career in any field so long as I worked hard at it and made a good living from it. By the time I decided to give law school a shot, I had already thought of becoming a biologist (a thought I abandoned after my 10th standard experience with Chemistry and Physics) and later, I sincerely wanted to pursue a career in Sociology and Psychology. Things didn’t quite work out the way I planned, which just goes to show you that you can’t always foresee and plan for everything. Following my 12th standard Board Exams, I ended up moving to Bangalore because of my father’s job, and during a very very brief stint at Mount Carmel College, decided that perhaps law school would provide me the kind of opportunities I wanted, particularly in the realm of Humanities. My father and grandfather (my dad’s father) are both law graduates who did not practice, but ended up using their legal knowledge in their careers as Government officials. My other grandfather (my mum’s dad) is a retired Police officer, who has always had a strong love for criminal law. I do have family in the legal profession – specifically my cousins and my father’s uncle (an astute man and a retired Judge),who have all made, and are continuing to make an impact in the legal world through their own efforts and contributions.
For all practical purposes though, I really am a first generation lawyer in my tiny nuclear family.
What was life likeas a law student at NALSAR? How did your five years in the university influence your personal growth?
My years at NALSAR are definitely some of the most eventful and insightful, and I pretty much carry memories and lessons from my time at law school, into everything I do. When I was studying at NALSAR, things were a bit different – we were a lot more interested in actually meeting one another and since we were so far away from thecity (nearly 35 kms away) and living on a student budget, I think many of us found ourselves more deeply involved in campus life than we expected to be. For me, it was a wonderful and scary time, since it was the first time I was staying in a hostel, but any hesitations I had were eradicated thanks to the friendships Imade – some of which have evolved into strong relationships that I turn to in times of joy and crisis.
One of the most important lessons I learnt in NALSAR is that life is what you make of it. As individuals, many of us have access to several opportunities, however,there are only a few who choose to truly make the most of them. Looking back, there are a few things Iwish I had done, and there were many batchmates, seniors and juniors who displayed enthusiasm, initiative and creativity that I never thought was possible – so I have to say that law school can be quite an inspiring place so long as you know where and who to look to.
As an institution, NALSAR offers its students a wide array of opportunities, but then again, as I mentioned earlier, it’s upto you to make the most of it. Besides my time on campus, I also ended up learning a great deal about myself thanks to a Student Exchange Programme I took part in just as I entered my third year of law school. I had a blast at Griffith University, Brisbane and it was really a professor there and his courses that sowed the seeds for my fascination with entertainment law.
Did you take part in moot court competitions? How important do you think are such competitions for getting acceptance for Masters in the USA?
I was not a mooter. I’ve admired mooting, but only from a distance. In my experience, mooting requires a skill set and an emotional endurance that I’m not sure I had, or was really interested in developing. When I was in law school, I remember hearing that conferences and publications were far more important than Moot court competitions when it came to applying for a Masters, however as we all know, that’s not always true. Moot court competitions help develop certain qualities that are very important to a career in law, however, as is the case with everything, I’m not entirely sure that there’s a fixed formula that states that Moot courts or conferences might considerably increase one’s chances of admission into a Masters program anywhere – I think what matters is ensuring that one’s Statement of Purpose is tight, sincere and clear.
At a time when most people primarily focus either on Litigation or on Corporate Law, what turned you to Entertainment, Media and Intellectual Property Law?
It’s funny that I embraced my fascination for Entertainment law and IPR only after I left law school, since I might have been able to do more while I was at NALSAR. I did bite the bullet and make the initial foray into the world of corporate law for a very brief period of time. Isat for recruitment and was picked up by AMSS (Bangalore) and believe me when I say that at the time, Iwas overjoyed and excited because I thought “Hey! My life is set now”. Shortly after joining AMSS, I found myself increasingly reading up on Entertainment law and IPR and when finally my curiosity couldn’t take it anymore, I chose to leave to pursue a Masters in either Entertainment or Media law. It wasn’t a very easy decision though – working in corporate law brings with it, its set of privileges, like a solid income and respect, and foregoing that, especially when you’re a fresher in the job market, seems a tad bit risky. However, I did receive a great deal of support from my folks, particularly my mom, who really helped me during such a difficult transition.
Were your internships mostly related to Media/IPR law? Which was the most enriching internship experience for you?
Most of my internships were not consciously oriented towards Media/IPR law because all through law school, I had convinced myself that I was probably going to become a corporate lawyer. I had interned in almost every holiday break and because I always wanted to keep my options open and balanced, I ensured I did one corporate internship followed by one NGO internship. My most memorable corporate law internships were at JSA, Bombay and Luthra&Luthra, Bombay because of the kind of experiences and learning that happened. With respect to non-corporate internships, my internship at Majlis, Bombay (run by Flavia Agnes) and Loksatta, Hyderabad were instrumental in teaching me a lot about the interaction between law and content-creation. My serious Entertainment/IPR law internship only happened years later during my time at the University of California, Los Angeles (UCLA), at an independent film studio (NuMedia), run by a lawyer. Nestled in the middle of Hollywood, it was a pretty cool way to learn about entertainment lawyers and the industry.
How did you choose to pursue your masters at University of California, Los Angeles?
The University of California, Los Angeles or UCLA is considered the best school in the world for the Entertainment, Media and IPR law programme. To be honest, that’s one of the major reasons I wanted to pursue a masters there. I had applied to two other schools that year – SOAS and LSE, and I was fortunate enough to have gotten accepted into both but my heart was set on UCLA because of how well structured its Entertainment law program and department was.
I think that it’s always important to choose to pursue a Masters or any degree at an institution that has developed a great reputation and infrastructure to teach the subject that one wants to pursue a higher education/career in. A lot of people wondered why I had chosen UCLA, and the answer is actually very obvious – it’s the best place in the world to study Entertainment law. UCLA had an entertainment law department that had some wonderful faculty who brought years of experience from Hollywood and other international entertainment industries, into the classroom. Imagine being able to study about being a lawyer with a record label from someone who actually worked with Capitol Records and works with Warner Brothers – that’s exactly what UCLA offered me, and in my opinion, it’s that kind of specialized focus and infrastructure that actually helps students gain a more informed and insightful understanding of the area of study they are focussing on.
How did you go about your application to UCLA? What are the prerequisites to applying to a university in the USA?
I would love to say moots, conferences, publications, solid recommendation letters, extra-curriculars during law school, internships – the works, but I think at the end of the day what matters the most is clarity. One needs to be very clear about why one wants to pursue higher education at a university in the USA and that clarity needs to translate itself into a well structured, well written and sincere Statement of Purpose. I’ve always been a bit of a nerd and so pursuing a Masters was always something I wanted to do, and perhaps accordingly, I ensured that I had a fair balance (not a lot – emphasis on the word fair) of conferences and internships, however even the greatest recommendation letter in the world cannot substitute for a good Statement of Purpose. I definitely took time out to focus and re-write my SoP which I think also had a huge role to play in securing some financial assistance for my education. It’s also good to understand why you want to study further – a few people I know have referred to their LLM year as a holiday year- I have no idea what they are talking about. Studying abroad is a memorable but potentially difficult experience where you have to get used to studying a whole new jurisdiction while ensuring that you cook edible meals and live on a shoe-string budget. However, coming back to the prerequisites of applying to a US university, it’s always good to focus on a good SoP, good and relevant recommendation letters and research.
After having completed your masters in the USA, what made you come back to India, especially since Entertainment, Media and IPR Law is a more established arena there?
I’ve always been an art-lover at heart and I’ve been fortunate enough to know and meet some wonderful artists living and working in India. While I love to travel and experience new cultures, a part of me always has to come back to India so in a way, I’m a bit of a boomerang. A career in Entertainment law in the US, particularly LA would have definitely been a lot more sensible and exciting in some ways, however there were many practical and cultural factors that influenced my decision to head back. For starters, opportunities in theUS legal market were scarce and I felt that the efforts to pursue a career there far outweighed the benefits. India also offered so many opportunities with its own big entertainment industry, my relationships with artists and creatives back home and most of all, thechallenge of doing something a little different in your own backyard.
How has your Masters from UCLA affected your career in the long run? Do you think a person without a similar Masters degree from a foreign university would face significantly lower chances of success in the Indian market?
Contrary to popular belief, there are quite a few Entertainment and Media lawyers in India and we are not an endangered species at all. There’s an age old debate about whether higher education outweighs experience or vice versa, and the truth is the best chance one has is by achieving a balance of the two. My LLM at UCLA has had a profound impact on the work I do because of many things I learnt and experienced during my time in LA. Whether it’s having achieved a deeper appreciation for artist rights, a more wholesome understanding of copyright law and licensing, or just a greater awareness of all thedifferent kinds of law that Entertainment law encompasses (IPR, Labour law, Contracts, OSH, Tax), my masters from UCLA has definitely shaped the way I perceive issues facing my clients and theindustry I work with. Having said that, I can’t say for sure if a foreign degree would necessarily increase the chances of success in the Indian market, but it might provide one with much needed perspective.
After returning to India, you founded Artistik License. Please tell us more about it. How was the experience of building up your own start-up?
I’m still building it up, and I think it’s going to be a lifelong project of mine. After returning to India, I chose to work with CLPR – a research think tank based out of Bangalore, in order to gain more experience as a research associate. However, there came a point where I felt I ought to be doing more work in Entertainment law, and while Ilooked out for opportunities in Entertainment law firms and companies, nothing came close to what I really wanted to do – work with content creators, artists and creative entrepreneurs directly. So, after a lot of searching I decided that it was time to take a leap of faith, and start working independently. Artistik License started off as a blog or a repository of legalese for artists working in India – something which it still serves as today, but after some hard work and lessons, has evolved into a consultancy where I advise artists and creative startups on their rights, as well as provide them with specialized legal services. What really makes Artistik License different, is its focus on independent artists and startups. As an organization, it focuses on two tracks – enabling the independent artist and entrepreneur’s business by way of specialized legal advice as well as by empowering artists, and creative entrepreneurs through rights awareness workshops, discussions and research work.
Although I was really frightened at first, I think entrepreneurship was something that I was designed for. I had a great support system, comprising of my folks and my friends, who shared my fears and joys, and were a great sounding board for all my ideas. Building your own startup from scratch can be scary but rewarding,so long as you don’t bite off more than you can chew. Considering Artistik License’s niche focus, there was, and might always be, a certain amount of risk involved in what I do, however I can’t think of anything else I would rather be doing. The past two years have seen Artistik License’s clientele grow, and I’ve been invited to present my work at various domestic and international music markets, conferences and events.
Are artists generally aware of their rights? How can such awareness be increased?
Some are, and some aren’t; even then, the awareness can be incomplete. There are many factors that contribute to this situation of imperfect knowledge, including access to information and the communication of important information. It’s critical to ensure that artists are made aware of the need to understand why rights awareness is important, but then it’s just as important as law people, to enable that awareness in a manner that is chilled out, and not steeped in legal jargon. There are many ways in which awareness can be increased, and I work closely with many non-law organizations who want more artist rights empowerment. Workshops, discussion groups and online articles are a great way to get this valuable information across. Besides the Artistik License blog, I also write frequently for Campus Diaries (for the younger artists and entrepreneurs) and Indiearth (a platform dedicated indie artists in the Indian ocean region), on topics that might be of potential interest to artists and entrepreneurs alike.
Artistik License also organises workshops for disseminating knowledge on the subject. Would you consider engaging young law students in these workshops to help them learn along with the artists?
Of course! I can see creativity and entrepreneurship being an integral part of the law school experience, and it’s always a pleasure to engage and talk to law students from anywhere. I’ve been fortunate enough to have a wonderful time with some very intelligent, very quirky young law students from Christ College, Bangalore and NALSAR, who have been wonderful and so helpful by interning with Artistik License.
In between all this you have also been working at Vahura. When and how did you join Vahura? Please tell us about your work profile there.
My relationship with Vahura is both a new and old one. A few years ago, I worked with Rainmaker as a features editor, and a few months ago, I had the opportunity to start working with Vahura and its amazing team. At Vahura, I work with the Business Development and Clients Solution vertical, where I especially focus on business in the South Indian region. I enjoy the unique position of being able to interact with some of the smartest legal professionals and some of the best businesses and law firms in thecountry. A great deal of what I do involves networking and making connections – something I can’t get enough of. As an organization set out to help lawyers do good work, Vahura offers many services besides legal, tax, compliance and governance searches. It also provides strong counsel and research through its mentorship and consulting verticals. While we all help each other out at Vahura, another area that I work closely with is Vahura’s Engage vertical, which provides the legal community opportunities to interact with each other through various professional and community events.
What insights you would like to share with our readers from your experience in legal recruitments at Vahura?
My insights into legal recruitment are quite limited at this time, because a great deal of what I do concerns the overall legal market and business. There are others at Vahurawho have a more nuanced understanding of legal search business, and I would be more than happy to put any of your readers in touch with them. I can say this much – these are some exciting times for the law graduate, since I think we’re smack in the middle of an era where there really is something for everyone. So whether you want to be a corporate lawyer, a litigator, a legal academic or a legal entrepreneur, the industry is currently offering a lot of opportunities to pursue any career you wish, and if it’s some counsel and direction you’re looking for, we at Vahura are happy to help. This is probably my biggest learning from Vahura so far –an understanding that we’re far more focussed on helping legal professionals discover their full potential rather than simply place them in suitable positions.
You held the post of Content Curator and Co-ordinator at Construkt Festival 2015. How may startup festivals such as this prove to be important for a law student?
I was thrilled for the opportunity to work with Construkt 2015 and must express my gratitude to the festival’s founder, ShashiKiran, who is nothing short of an entrepreneurial powerhouse. Working with him and the Construkt team so closely taught me a great deal about entrepreneurship and the ways in which the right kind of platforms and infrastructure can truly help nurture a great innovation eco-system. I definitely think that more law students need to be open about attending such festivals where entrepreneurship is not only encouraged, but celebrated. For instance, Construkt 2014 and 2015 both celebrated legal entrepreneurship and innovation, by hosting talks by lawyers working in the field of law and technology, entertainment law and startup law. As the content curator for this year’s edition, I had a great time sifting through some amazing content by speakers, but it would be super if we could get more inputs and entries from the legal community as well.
How do you manage time between your two roles? Are you able to find a work-life balance?
A few days ago I heardsomeone say that we’ve almost taken it for granted that we’re supposed to struggle, hate our bosses and hate work. The truth is, that if we’re doing something we like,then we don’t even think about things like over-time, and being over-worked. At this point in my life, I am extremely grateful for the opportunity to be more than one person, and to do more than one thing. I’m surrounded by a number of inspiring people from the legal and creative communities (not that the two need to be exclusive), and I find a great deal of joy in what I do. Sure, it’s overwhelming at times and there are days when I just want to throw things at people, but I think the key is to achieve balance in whatever one does, and to remember that we are the best judges of our own situations. I also find that taking care of one’s body and mind goes a long way in ensuring that one can get more out of life. I’m not the fittest fiddle in the world, but over the past year, I’ve noticed that I consciously try to eat healthy, lead an active life and pursue my other interests including creative writing, glass painting, accompanying my musician friends to their shows, and understanding how to lead a more cruelty-free life. I’m a bit of a hippie at heart.
What is the one advice you would like to give our readers?
There is no formula to success. Years of conditioning in law school teaches us to assume that we need to fit into one mould or the other, but the truth is there really are no restrictions to the kind of opportunities one can tap into these days. It’s important to be brave and to seek good counsel, and to remember that it’s okay if you don’t fit into the traditional structures and expectations created by your family or the legal fraternity. It’s important to be honest in the work that one does, and to push aside the drama, no matter how tempting it is to overanalyse it. You can be a SuperLawyer just by being yourself, and working hard.
Kriti Sharma is an alumnus of NALSAR, Hyderabad (2012). In 2011, she underwent an exchange programme with Redzyner School of Law, Interdisciplinary Center Herzliya, Israel. Thereafter she worked as a research assistant to Justice Dalveer Bhandari and as a judicial clerk to Justice Khanna.
In this interview, we focus specially on her experience at Council for Social Development, and how she chose this career path in Human Rights. We also try to trace back her journey to NALSAR, her experience at IDC, and her job of a law clerk. At present, she is working as a research fellow at Council for Social Development.
Please introduce yourself to our readers. Please tell us a little bit about your childhood and your background?
Fairly simple background, artsy atmosphere as my father dabbled successfully with Hindi poetry, writing and theatre direction. I formed a companionship with books early on since my mother managed the Ramjas Foundation’s library. I grew up mostly in Delhi, except for a few years in London due to my father’s posting.
How did you gravitate towards law? Did you have someone who inspired you to study law?
It seemed a good option after studying humanities along with civil services and journalism. Having arrived from England I was not aware of competitive exams but a classmate prodded me on. I grew up sensitive to social conditions and always voiced my opinion against gender discrimination that I saw in practice. In hindsight, law provides a perfect platform to engage with such issues.
How was your experience at NALSAR, Hyderabad?
NALSAR undeniably opens a spectrum of opportunities for individuals and is arguably, the best law school in the country. I wasn’t so excited though, as overall the faculty and course options back then were not as impressive and diverse as they are increasingly becoming now. Discussions on raging issues were fodder to my mind, yet at the same time its location denied me the opportunity to pursue extra-curricular activities as much as I wanted to.
You underwent an academic exchange programme with Redzyner School of Law, IDC, Herzliya, Israel. What did you benefit from the student exchange programme?
Going on an exchange involves a considerable cost. Therefore I was only willing to take it up if I got my first choice- Israel. I was made aware by a visiting professor from Berkeley that IDC invites distinguished faculty from U.S.A and Europe for lectures, providing me an insight into graduate academic life abroad. I was also personally interested in understanding geo-political and historical situation of the region, for which I extensively travelled through Israeli-Palestine and Jordanian territories and engaged with the local people, apart from taking up academic courses on Arab-Israeli conflict and peace process.
Also tell us about your experience working as a Research Assistant of Dean Ron Harris, Law Faculty of Tel Aviv University during your Law school days.
I have had an interest in legal history and wanted to discover what kind of work really happens in this field. I happened to mention my interest to a professor who forwarded my CV to Professor Harris. Professor Harris had been writing a book for publication by Princeton on the ‘Organisation of Early modern Eurasian trade’ for which a Chapter on ‘Early 15th-17th Century Laws of Maritime Trade in India’ required primary and secondary research in Indian archives, museums and libraries. Upon return from the exchange, I researched on this topic- looking closely at the impact of society, family, women and slaves on indigenous trade which was thriving at the turn of 16th century, before the arrival of foreign powers.
You have interned under Justice Dalveer Bhandari of Supreme Court of India twice when you were at Law school. How did you obtain this golden opportunity to intern twice under him? What kind of work you came across?
Justice Dalveer Bhandari, who is presently a member of the International Court of Justice, took active interest in training and educating young lawyers. His office was very welcoming and encouraging to interns but also demanded high quality work, without exception. He gave us an opportunity to work on important cases such as Novartis, Bar Council exam case etc. and since I was interested in gender rights, I also worked on an international sexual trafficking case. Apart from this we were expected to brief him on fresh matters every evening, which really was a test because his legal acumen and experience were unmatchable. For internship, one had to simply send a CV to his office secretary and selected candidates were informed for each internship session. Drafting a good request letter is the key, I highlighted his judgments on right to education and caste violence and why I was keen to work with him.
Almost all your internships were focussed on non-profit and research work involving primarily matters of Human Rights Law. Were these all planned internships or did you just take them up as they came along?
I followed what interested me. The classroom teaching was mostly academic but field internships in slum areas of Delhi (with Parivartan) and southern tribal belt of Rajasthan (with Mazdor Kisan Shakti Sangathan) made me understand how the law actually affects daily lives of people. In my third and fourth year I carefully explored all options available to a law student – viz. interning at a law firm, a lawyer’s office, Law Commission of India and the Supreme Court, for me to make an informed choice after graduation.
How do you think the experience of being a clerk is now helping you in your career path?
(Kriti was engaged as a Law clerk-cum-Research Assistant in Delhi High Court under Justice Sanjiv Khanna specializing in Criminal and Writ Petitions Roster after her graduation.)
I wanted a right mix of advocacy and research for my career. I was inspired by Flavia Agnes’s work in the courts on gender rights and was interested in working in a Habeas Corpus roster, which in India mostly deals with family matters and elopement cases. Justice Khanna handled these cases with required sensitivity and often the mediation wing of the High Court was also involved. The criminal appellate roster also dealt with terrorism, juvenile justice and other life imprisonment cases which required regular case preparation and drafting. Evidence in each and every criminal case has to be very carefully evaluated as it is a question of an individual’s life and liberty. I also utilised the court exposure to compile an ethnographic report on hostile witnesses. The centuries old criminal system would do well with reforms and I have certain observations regarding this which can be discussed at length some other time. I also learnt that while working with litigants in gender cases, one cannot take an extremely idealised approach, as in practice things work out differently.
Is it difficult to get a judicial clerkship with a Delhi High Court Judge? What sort of people would you advise to do a judicial clerkship?
The Supreme Court follows an organised process of recruitment for which one has to apply through the university in the final year of studies. For High Courts, a few of them have a centralised process but individual efforts need to be made. Previous internship with the judge, networking with college seniors, lawyers and court staff and active pursuit helps and if one has good credentials, ways open out on their own. Students who desire to join litigation can gain from experiencing the other side of the courtroom. The academically oriented students of course find it opportune to engage with real time legal questions and gain practical exposure.
How did you start working as a Legal Researcher in Council for Social Development (CSD), Hyderabad?
At the end of the clerkship tenure, I decided I wanted to plunge into active advocacy and research on gender rights issues. I was aware of Professor Kannabiran’s work in this area alongside probes into colonial, constitutional and criminal questions relating to subalterns. This perfectly matched my interests and the Organisation also promised me a platform for interdisciplinary studies. I applied by sending an email detailing my motivations, works and aspirations and how I hoped to contribute to the objectives of CSD. I was called for an interview and thereafter received a confirmation.
What motivated you to write a book on Tribal Advocacy? Can you illustrate us on your book to our readers.
(Kriti has co-ordinated the “Training and Fellowship Programme for Tribal Advocates” which focuses on advocacy amongst Koya and Chenchun tribal people, training them in law and writing a book on Tribal Advocacy. Her forthcoming book on tribal advocacy is yet to publish.)
Council for Social Development has a long track record of working closely with adivasis of Koya, Chenchun and other PVTG communities. In 2012 CSD launched a yearlong training programme for tribal advocates from this community. Through this, I learnt about the ground realities in the tribal villages and their struggles in the face of an apathetic administration. Apart from seeking solutions to our local problems, we tried to relate to tribal situation at national and international level and expand our horizons. I particularly tried to sensitize them on other struggles e.g. situation of tribal women within these communities by teaching gender related laws, policies and cases. I even poked them on homosexuality and we had a refreshing debate. In the whole process, an important realization was that there was hardly any legal literature available to deal with tribal cases. Thus, the idea of writing on tribal advocacy based on street law concept for litigators and social activists. The tribal advocates, of course are now successfully fighting human rights cases and bringing awareness to their communities through para-legal courses.
What kind of response did you get after presenting a report on pending disability bills to the Parliament of India?
(Kriti has also drafted and presented a report addressing the Standing Committee, Parliament of India on pending disability bills, reflecting deliberations held during the ‘National Consultation on Disability Rights’.)
Parliament’s conduct rules prohibit discussion of the meeting outside but the Standing Committee has now forwarded its report to the Parliament and it is heartening to see that many of our suggestions have been included. We hope the Parliament will look at these suggestions closely and pass an effective Act. We had months of deliberation with various organisations before we submitted our findings. One key area of my concern was education. For instance, during my empirical study on minority schools I had observed that disabled children are not being admitted to schools in the first place and, therefore, I had recommended that surveys to identify disabled children should not be conducted only within schools but at community level. It was heartening to see that suggestions like these from civil society have been accepted and forwarded to the Parliament. Overall it was a good learning experience and I am grateful to CSD for giving me this opportunity at such a young age.
You have also conducted field study on impact of “Right to Education law on India’s backward minorities”. What inspired you to take this initiative?
I had been thinking of conducting this study since college but only the senior academic staff at CSD could provide me the guidance and support to go ahead with it. I am very inspired to work on education in India and it concerns me that certain sections are evidently lagging behind but not enough efforts are being made to bridge this gap. The study area is Kishabagh- an urban slum and a riot prone area at the outskirts of Hyderabad where Sikh-Muslim riots happened last year. I did not face any hindrance during the month that I spent in the field. The informers- school/madrasa staff, students and parents were very welcoming and involved with the whole interview process. The heart wrenching parts were when for e.g. girls revealed that due to impending marriage or economic situation they would not be able to continue education. Once we went to a junior class room and asked how many students worked after school and nearly the whole class put their hands up.
The most sensitive interview I conducted was with a girl whose young brother was a victim of the quarrel which started the riot. Suffering from fresh wounds, she narrated her family’s perspective on the situation. Overall, I feel students have aspirations but societal pressures and situations quell them and the right kind of guidance is unavailable as even schools/madrasas operate with particular economic/religious motives. It was discomforting to see sub-standard education being meted out to such bright and promising students. My paper is a work in progress but I hope to deal with various aspects and I am going as far as to argue for recognition of madrasas under the right to education legal movement, keeping in perspective each child’s right to education. I hope it will be well received.
Please share your experience working with CSD for 2 years till now. What is your workday like? Are there new challenges every day?
Council for Social Development is a unique place to explore interdisciplinary studies. It is an academic institution which houses international and national academicians from varied social science fields and this makes for interesting coffee conversations and discussion programs. We have a well disposed library on South Asian studies and I have tried to make a good use of it. The work day technically is 9.30- 5.30 P.M., five days a week but it is open till 8.00 P.M. I am most grateful for the freedom the institution provides to its writing staff to explore their creative ideas. The opportunity to work with Prof. Kannabiran has been exciting and insightful at many levels. We have interesting projects happening all around the year and in fact I constantly feel there are so many opportunities and such little time.
How can one apply to CSD for internships?
It depends on our project requirements. Please do check by writing to us at secretariat@csdhyd.org. You can check out our website www.csdhyd.org for more information and opportunities.
It is a common belief that working in the areas of human rights and policy research doesn’t pay well. How much of a hindrance is it for people joining this area of work?
I wouldn’t tell you otherwise. One has to be mentally prepared for that sort of struggle and plunge into this only if there is genuine interest otherwise it is difficult to sustain. The plus side is there are many people to mentor and guide you through. I have had terrific bosses and encouraging seniors from NALSAR throughout. I cannot juxtapose this against law firms, as both jobs serve different purpose and carry different rewards.
What would be your message to law students who are research enthusiasts?
It doesn’t help to follow any ‘rules’ that one should do x,y and z things as a law student. I see many law students writing articles for enlarging their CV. Quality matters more than quantity, so no point cluttering space. People should engage in issues that really interest them and feel they will be able to bring out an interesting analysis. There is no set way to write but passion for your subject matters.
Neha Mahyavanshi graduated from National Academy of Legal Studies and Research University, Hyderabad in 2006. She received a pre-placement offer from Amarchand & Mangaldas & Suresh A Shroff & Co. and joined it after graduation. Thereafter, she worked at Wipro Ltd. as Assistant Legal Manager before joining SAP as Senior Legal Counsel-India Subcontinent. In this interview she talks about:
Law school experience at NALSAR
Working at AMSS and Wipro
Being an in-house counsel at SAP
How would you introduce yourself? Tell us a bit about your pre-college years. What motivated you to study law?
I am primarily a technology lawyer with in-house experience of about 8 years. I grew up in Bangalore and then went on to study law in Hyderabad. In school, I often took part in debate contests and won a couple of inter school contests. So, I thought that a career in law was apt for me. Also, around the time that I was in 12th standard, there was a lot of talk about law schools, and so I got hooked to the idea of joining a law school.
How would you describe your time at National Academy of Legal Studies and Research University, Hyderabad? How important do you think that extra-curricular activities are to a law student?
My time at NALSAR was fun, but more importantly, a great training ground for young lawyers to learn to cope in a competitive environment that was to continue and get more intense after college. Yes, I did take part in many extra-curricular activities. I was one of the trio that organized the first ever ‘Carpe Diem’ (NALSAR’s Intra-college fest) and was always a part of the organising committee for ‘Summons’ (NALSAR’s inter-college fest). In my final year, I was elected the Convenor of the Cultural Committee. That’s the year we organized the first ever music concert at NALSAR, with Indian Ocean performing at ‘Summons, 2005’
Tell us about your objectives while in the preliminary years of Law College. What were your plans after graduation?
I always planned to be an in-house lawyer. I had the chance to intern twice at Wipro during my years at NALSAR. I was totally drawn to the work environment, the balance and professionalism that a corporate environment offered.
Looking back, how significant do you think that your legal education was? When did you happen to experience the learning curve?
The education that I received at NALSAR must surely have been one of the best. I say this because I often encounter lawyers who don’t seem to have the basic principles of law sorted out. I can say for myself that our professors did a great job. The legal education that I received in NALSAR was a great foundation for my career.
Please tell us about your experience with regard to your first year of work at AMSS.
I was taken into AMSS by way of a pre-placement offer. I was taken in as a part of the private equity team and did what all A1s do- due diligences and helping out with the drafting of SHAs and SSAs. While at the firm, I also worked in other practice areas, specifically in the general corporate practice, gaining experience in incorporation of companies and drafting resolutions.
My biggest take away from AMSS are the drafting skills. All documents, including emails, were drafted with a great deal of care. You don’t often see people paying attention to fonts, justifying or spell checking documents in a corporate set up.
Please tell us about the requisite soft skills which are essential for a young lawyer to build a successful career?
I was often told by my managers that I am easy to get along with. I guess, being generally congenial has always worked for me.
How was your experience of being an Assistant Legal Manager at Wipro Ltd.? How was the work pressure?
My years at Wipro were simply great. Wipro Legal in Bangalore is the global headquarters and there is always a lot going on. I see my experience at Wipro as a very solid foundation for my future career aspirations. Wipro is a great training ground for someone who is looking for an in-house career. Wipro allowed for a perfect balance between personal and professional time. I was always excited to go to work every morning (I guess, that says a lot). The biggest positive point in an in-house role is that one enjoys the flexibility of managing one’s own work.
Do you feel that there are differences between students of ‘elite’ law schools and students from other law colleges and traditional universities?
From my limited experience, I must say that to some degree there is a difference between students of ‘elite’ law schools and other traditional universities in the beginning. I see this difference, not in the passion or dedication that the student brings in, but in the understanding of law and working methodology- which evidently is due to the difference in the quality of legal education. However, a few years into their careers, the difference between the ‘elite’ law school student versus the traditional law university student no longer exists. It’s the passion that one brings to work that makes the difference in the long run.
How did you get to work at SAP as Senior Legal Counsel – India subcontinent? Please share with us your journey from your induction into the company till date?
SAP was looking to add to their then four-member legal Team in India and I guess I fit the bill. SAP is an enterprise software product company headquartered in Germany. The legal work and work methodology at SAP is different from Wipro. So, initially I had a lot of learning to do. But once you get a hang of how things work here and understand what the commonly used abbreviations and acronyms mean, you are good to go. SAP promotes a great work culture. People are very approachable and the organization is very flat, making the work environment very pleasant. But we have our crunch time during quarter-ends and year ends when most of our business comes in.
My experience at SAP has been great so far, and I look forward to many more years here. SAP pays attention to each individual’s personal growth, which makes it a great place to stick around.
Please tell us a bit about your work profile at SAP. What is a normal workday like at SAP?
I am a part of the four member legal team in India. The SAP India legal team provides an overall support to the organization including sales, operations, purchasing office and admin. The SAP field lawyers in India (like myself) spend a lot of time bridging the gap between local Indian legal practices and SAP’s standard terms of operation. Every day is a new day at work, we have plenty of challenges that keep things interesting.
There is a lot of work and exposure in SAP, on a typical day I might be on a call negotiating contract with a customer or vendor, drafting order forms, providing opinions to the business, discussing deal structures with finance and pricing teams, drafting notices or responses to customers, discussing litigation strategy for a case in court or just helping an account executive draft a communication to his client. We are very well connected to all aspects of the business and get involved with all the internal departments.
What kind of legal work is there? Are you allowed to interact with clients?
Ninety nine percent of the legal work of the company is handled by the in-house legal team. There is tons of legal work (like I described above). SAP India legal team interacts with SAP’s customers all the time. We never outsource any customer facing work to law firms.
How much of work is outsourced to law firms? How a law firm is selected for the same?
Very little work is outsourced, which is primarily litigation. Other than that, we sometimes require external opinions on some matters where we do not have expertise, such as telecom or real estate. In such matters alone we approach external law firms.
The law firm is selected based on their expertise. We only choose from the top law firms, depending on the practice area.
Would you say that there exists a difference in the working environment of a law firm and legal department of a company?
Yes, there does. My experiences of working in a law firm (though for a short while) and an in-house department has been very different from each other.
Have you ever considered litigation or starting up on your own?
I never considered litigation because I always wanted to be an in-house lawyer.
Though I have not considered it myself, I know many in-house counsels who have started their own firms.
What are the primary essentials of a corporate lawyer? How do you say a fresh graduate can work on building these skills?
I don’t have a list of essentials for a corporate lawyer. A degree in law and the right attitude is all one needs. Also, I think doing the right internships while at college is important. Internships allow for two way assessment. The student gets a feel of the work place and also gets a chance to create an impression with the organizations that she/he is interning at.
If you could list out 3 activities which on a scale of priority, should be at the top in any law student’s life (given that he wants to secure the same set of achievements as you), what would those be?
Ensuring decent grades;
Corporate Internships (including in-house and law firm); and
Taking on leadership roles in student organizations and participating in extra-curricular activities.
What would be your advice to young law students? How do you think that they should approach their career?
Passion for your work is the one most important ingredient for success, I think I said this a couple of times through the interview. The other, of course, is hard work. Everything flows and falls into place if one is passionate and willing to slog it out. So, to young law students, I would say- out of the fifty odd courses that you study and the various internships that you take up, try to spot what you are passionate about and start working on it from the time you are in college. Whatever the field of interest, stay true to it and build on it by way of internships and writing articles etc. If you choose a clear path, it may be easier to get a headstart to a great career.
Jayakar Bathula graduated with an LL.B degree from Mahatma Gandhi Law College, Osmania University. After that he pursued an LL.M degree while specializing in International Trade and Business Law from NALSAR, Hyderabad. He currently works as a Legal Assistant with a group of advocates called Chamber of Lawyers’ Collective, High Court of AP and TS at Hyderabad.
Jayakar is an inspiring story that needs to be told and retold. The education that he has attained is mostly about the struggles that he had to endure while pursuing them. He is an example and personification of the word ‘tenacity’. Being from a very humble family, he is currently a practising lawyer and also contributes to NALSAR’s repository of study materials through his in-depth aptitude in research and learning.
In this interview, he talks about:
Studying law at Mahatma Gandhi Law College, Osmania University.
LL.M from NALSAR, Hyderabad.
Preparing study materials for the One Year LL.M Course at NALSAR, Hyderabad.
Working at Chamber of Lawyers’ Collective, High Court of A.P and T.S at Hyderabad.
Our readers consist of law aspirants, law students and young lawyers. How will you introduce yourself to them?
This is a good opportunity to introduce myself to all law aspirants, students young lawyers and the readers. Briefly, I am working as Legal Assistant with a group of advocates called Chamber of Lawyers Collective, High Court of A.P and T.S at Hyderabad.
Please tell us a little bit about your childhood and background. Why did you decide to pursue law and what influenced your decision?
The first and foremost thing which influenced me to pursue law is my social background. I am from a rural village in a hilly area called Morriguda. In my childhood I faced many problems in this village. There was no power, no water and no connectivity, only street lamps which were used by the village heads to show that there is some habitat during night times. We used to drink pond water, carried by my mother from a watering hole outside the village. The street in my village were not even ‘street’, just dirty and muddy pathways.
The only primary school where the teacher never came, was destroyed by the high flow of the river valley. So I faced lot of problems to get primary education. We went to other villages’ primary schools which were far away from ours. We struggled for primary education. But we smiled even in the crucial times and we enjoyed well.
These things affected me to pursue higher education in life. Some times every one of us can face money problems. I faced lot of money problems in paying school fees, college Fees, and University fees also. So I worked as a hotel boy at Suprabath Hotel, Hyderabad. Now it has become Royal Derby Hotel, which is good as it has developed. Sometimes, I also worked in MGNREGS to pay University fees.
From which college did you pursue graduation? Did you have any guidance on how to go about your academics, co-curricular activities and internships?
I completed my LL.B from Mahatma Gandhi Law College, Osmania University. It was really a great thing in my life; it has given me a good opportunity to work with a group of Advocates called Chamber of Lawyer’s Collective. My college and the Ranga Reddy District Court Complex both are opposite to each other and the Lawyer’s office is also just 5 minutes away from my college. I stayed behind my college. So I would ordinarily attend courts with Senior Advocates and work as a Legal Assistant under them. It has given me good knowledge.
If we talk about guidance in life… society has been the first guide in my life. I made so many mistakes but I when society has given me punishment, I realised that, this is a mistake I would never do again, I was bound by it.
What were your areas of interests in college? How did you go about gaining knowledge in these areas?
The area of my interest was Administrative law and policy. I used to read all the G.O’s which were framed by Governments, Contract and Company Law regulations. I followed journals regularly, and discussed with seniors to clarify my doubts. I pro-Actively participated in all kinds of legal discussions along with senior advocates. Later on we conducted free Coaching classes for A.P JCJ.
When and how did you decide to pursue an LL.M from NALSAR? Have you thought of applying for foreign universities?
Once there was advertisement which said that the best law University in India is NALSAR, Hyderabad. So I decided to go NALSAR for higher education. Applying and appearing for the CLAT was ‘O.K’ for me, but I was worried about the University fees and expenses. I let the financial apprehensions go and decided to try the CLAT first, and then see what happens.
After the CLAT results were declared, I applied to NALSAR, NUJS, NLUJAA, NLIU Bhopal, NLU Delhi, and was selected by NALSAR.
I started arranging money with the support of friends. I started with 25,000/- and sold my sister’s gold chain (she completed her M.B.A from Hyderabad Central University).
I went to NALSAR and requested the V.C, Prof. Faizan Mustafa but he had to reject my admission due to no scholarships available and payment of total fees was necessary. I had some friends in NALSAR in their 4th year and I requested them to convince the V.C. Danda Madam cooperated and later V.C Sir called the CLAT Convener and confirmed my seat with a little bit of amount. My LL.M seat was confirmed in NALSAR. My uncle suggested and supported me for an Education Loan with which I settled the NALSAR fees.
For the rest of the things, my friends have given their shoulders. “The lamp of education needs the oil of finance”.
Now, how do you say I go abroad to pursue my LL.M? It is only a day dream in my life.
Here, the most important thing is that after every formality of admission was done with, my every moment was being spent in NALSAR, I was in the Library for almost 18hrs per day with books, journals and laptop. It provided me with a lot of knowledge on international trade and business laws and various emerging fields in law.
You’ve completed your post – graduation from NALSAR in 2014. How would you describe your experience?
My experience was good. I did drafting work for the SAARCLAW Bi-Annual Journal under Prof. P.V Rao Sir and prepared short notes for Air and Space Law Students. I was SAARC conference Member; a Legal Adviser for India GEO SPATIAL Conference, as well as a Legal Adviser for the India International Aviation Conference. And this credit goes to my Guide Prof. Balakista Reddy, who is now the Registrar at NALSAR. Congratulations to Prof. Balakista Reddy Sir.
What motivated you to choose ‘International Trade and Business Law’ as your specialization for LL.M?
Basically, during my graduation I used to read Administrative Regulations. I was more focussed on contract and Company Laws. Because of this impact I was motivated to opt for “International Trade and Business Laws” It is vast area; it deals with Cross Border Business Transactions, the idea that we are living in the Global Village seems true with this.
What was your topic of dissertation for LL.M? Why did you choose that subject for research?
This is most important thing I did in my LL.M course. My Dissertation was on the Aviation Sector. It was titled “Air Lines Regulations In India And China: A Critical Analysis”.
The reason is that the Administrative body, the policy makers, the Administrative mechanisms make some regulations and impose them on the Aviation Sector. I wanted to do research on how the rules and regulations are affecting the Indian Aviation Sector, and what its impact on India’s Economy Growth is. I also discussed so what kind of regulations are there in China, what is not there in India, (like policy regulations, no Uniform Code on Aviation Fuel Tax) Fuel Tax Regulations in India, Region wise Monitoring in China, Monopoly Monitoring system in India, need of Subsidiaries in India and Liberalisation of Air Craft Purchasing in India.
We have even seen the Kingfisher bankruptcy and M&A in Aviation Sector. There is a need of Regulation in Indian Aviation Sector to access Low Cost Carriers, and to access World Wide Air Crafts, like India allowing the Big Bird from Singapore to land in the Delhi International Air Port. Many things are there in the Dissertation.
You have prepared LL.M study materials on various subjects for NALSAR. How did you go about preparing such study materials?
Sometimes we think a hundred times before starting a project, even if it is 30 pages, because we have to take care of Research Methodology, Hypothesis, etc till the Conclusion. My LL.M was a Two Year Course, now it is One year Course (which is great, because now, “Less money + less time = LL.M”).
International Laws mean you are talking about another Sovereign’s Laws, Regulations, and Administrative System which is unknown, since you are standing in your own Country. The clubbing and framing of two years of material for the One year Course has to look after each and every word consciously and I did this important thing. For this purpose I followed Empirical Research Methodology.
I referred to books, Journals, On-Line Journals, Westlaw, Lexis Nexis, International Arbitration Council Regulations, ICJ-Regulations, weekly Journals. I collected the material, clubbed and framed it.
The subjects were “International Telecommunication Laws”, “IPR Law: Relating to Space”, “Mergers and Acquisitions in International Trade”, “Aviation Regulations and M&A in the Aviation Sector” and “Corporative, Comparative and Competition Laws in USA, U.K, E.U, Canada and India”. I also separately prepared material on “Business Aviation Opportunities in India: A Golden Threshold”, “FDIs in Air Ports and Air Traffic Management in Indian Aviation Sector-Under ICAO and IATA-Regulations” and am currently preparing “International Migration and Emigration Laws”.
How do you think students will benefit from your study materials?
Exactly, this material is prepared depending on contemporary issues and how to regulate them. At the end of the day all students came to me and collected this material for their future reference. It may be useful for all “International Trade And Business Law” students. We also have to look after the latest regulations and be updated.
What is the relevance of studying from those materials when there are so many books available in the market?
Yes, there are so many books on “International Trade And Business Laws” written by prominent authors in the Market. All of these are useful. But my material is prepared depending on latest regulations and updates. Like, U.S.A Federal Laws and States Laws are different. They have a Uniform Commercial Code. It is a command for all the states, but not California which has its own laws. Similarly, E.U Laws are common for all states, and every state has its own sovereign laws. But in India it is different. India is a Union of States; Law is equal into all states. In this, we have to describe, choose, club and frame it for the benefit of our students.
Do you think keeping study materials handy helps students in last minute revision before an exam?
Of course, the handy material may be helpful to students for the sake of examination, but not in practical life.
What are your future plans?
I am presently working with the same group of Advocates, Chamber of Lawyer’s Collective. I may get a Law Faculty Position as an Assistant Professor. If I do, I will go for Ph.D, otherwise stay with the Group of Advocates. But I am interested in teaching.
Going forward, how do you expect the LL.M experience to influence your career?
Obviously, the LL.M experience will influence my life because my specialisation is “International Trade And Business Laws”. We are in a Global village where Global Consumers are there to consume our Global Products in the Global Market.
What message would you like to give to our readers?
Actually, I am not in a position to give such a message. However a few words: Dear readers, I suggest only one thing. Just do the hard work tenaciously, the result will be there.
