Sir, you have built an impressive career spanning over 18 years across a top-tier law firm, a broadcasting company, a multinational IT consulting giant, and now as Corporate, TMT and Fintech Lead Partner at IRIS Legal. How has this diverse journey shaped your expertise, and what inspired your transition into private practice leadership?
My journey at Khaitan & Co. gave me the essential foundation every lawyer needs, the ability to spot issues, conduct thorough research, and build watertight arguments. That big law firm environment teaches you precision and attention to detail.
But the real transformation came in-house as Associate General Counsel at Capgemini and Senior Lead Counsel at Ten Sports. I discovered that being legally correct isn’t always the same as being commercially useful. You’re not just analyzing what the law says—you’re figuring out how to make business objectives happen within legal boundaries. I learned to ask different questions: How can we structure this deal so it actually gets done? What’s the smartest way to navigate regulatory requirements without stalling progress? It was a shift from binary yes-or-no answers to providing a menu of options with a solution-oriented mindset.
After gaining this dual exposure, I returned to private practice with something unique to offer: not just legal expertise, but genuine understanding of how businesses actually operate. Now, as the Corporate, TMT, and Fintech Lead Partner at IRIS Legal, I bring that business-first perspective to everything I do. My clients get practical, informed advice that helps them achieve their goals. I’ll flag the risks that matter, but I won’t derail a good deal over theoretical concerns. At the end of the day, successful legal practice is about enabling business success, not preventing it.
During your early years at Khaitan & Co, you worked on cross-border and domestic M&A, private equity, and joint ventures. Which experiences from that period continue to influence how you approach corporate and technology-driven transactions today?
My Khaitan years were foundational in several ways. The cross-border work taught me to map regulatory complexity upfront rather than discover deal-breakers halfway through—crucial now in tech and fintech deals. Working with PE firms helped me understand commercial dynamics and evaluate legal structures through a risk-return lens. Joint ventures taught me stakeholder management across different corporate cultures—invaluable when working with multinational tech companies with different risk appetites and decision-making processes. Most importantly, that M&A training instilled rigorous due diligence and issue-spotting skills—the ability to quickly distinguish between genuine deal risks and ‘nice to have’ cleanups that can wait.
You later transitioned into the media and entertainment space, handling high-stakes content acquisition and cross-border broadcasting deals. How did this experience broaden your legal skillset compared to traditional corporate and technology law?
The transition to Ten Sports was a complete game-changer. I moved from the law firm hierarchy to reporting directly to the CEO, contributing in strategy discussions with brilliant minds from IIMs, IITs, and major financial institutions where business decisions happened in real time. We were doing creative cross-border structuring to establish global presence for a popular sport, coordinating with international firms across time zones on tight deadlines in a relentless, fast-paced environment.
What made this particularly exciting was that broadcasting regulations in India were being completely redefined. Unlike traditional corporate work with periodic regulatory interaction, broadcasting required constant regulator engagement, anticipating policy changes, and building compliance into deal structures from day one. There were no established playbooks, so innovation was essential in structuring untested solutions.
This experience fundamentally changed my approach—teaching me to think several moves ahead, build flexibility into structures for rapidly evolving frameworks, and integrate legal solutions with real-time business needs. Those skills have been invaluable in complex technology and fintech transactions where innovation often outpaces regulation.
In your role at Capgemini, you managed various high stake legal portfolios, led complex software licensing and cloud transformation deals, and negotiations. What were some of the most challenging aspects of these negotiations, especially in the software and cloud service space, and how did you navigate them?
As Associate General Counsel-North Americas at Capgemini, managing high-stake software licensing and cloud transformation deals required navigating multifaceted challenges under tight timelines while balancing cross-jurisdictional jurisprudence and business expectations across EMEA, APAC, and Americas—each with distinct data sovereignty and regulatory frameworks.
Some of the critical negotiation points centered around licensee’s rights on original source code, ownership of developed IP, royalty and revenue split models, managing third-party and open-source components, establishing robust escrow mechanisms with clear release conditions, post-termination IP treatment including perpetual licenses and wind-down periods, the binding nature of revenue forecasts where clients wanted flexibility while we needed commitment, and structuring appropriate liability caps and indemnification with adequate representations and warranties.
The key to timely deal closure was maintaining preparedness with legal alternate solutions to navigate negotiation impasses—whether through hybrid licensing models, phased implementations, or creative commercial structuring that addressed both parties’ underlying interests.
With extensive experience in software, digital, IoT, and 5G technologies, what do you see as the most pressing legal challenges in the TMT sector today, particularly around cloud services, outsourcing, and cross-border data regulation?
From my experience, the most pressing challenge is implementing the Digital Personal Data Protection Act, 2023 while preserving India’s competitive edge as a global technology hub. Organizations are navigating the delicate balance between data localization requirements, cross-border transfer mechanisms, and serving global clients across multiple jurisdictions. This becomes particularly complex in cloud and outsourcing contexts where Indian service providers must reconcile DPDP Act obligations with clients’ home country regulations—whether GDPR, CCPA, or sector-specific frameworks—often requiring sophisticated contractual architectures and sometimes separate processing environments.
Secondly, there’s significant regulatory uncertainty around cloud services and emerging technologies. While DPDP Act rules are still being notified, sectoral regulators like RBI, SEBI, and IRDAI are issuing parallel guidelines, creating a complex compliance matrix. For cloud services, we’re seeing ambiguity around ‘significant data fiduciary’ classification, liability allocation between providers and customers, and critical information infrastructure obligations. In 5G and IoT, clarity remains limited on device security standards, edge computing liability, and supply chain security requirements.
The key is building flexible compliance frameworks that adapt as regulations evolve, while ensuring legal rigor doesn’t stifle India’s innovation advantage. Success requires proactive regulatory engagement and translating regulatory complexity into pragmatic operational solutions.
Having advised on M&A and strategic business transfers in technology and IP-driven sectors, what are the most critical considerations that companies and their legal counsel should keep in mind when structuring such deals?
One of the most critical considerations is comprehensive IP due diligence that goes beyond ownership verification to understand value creation architecture. This means mapping registered IP, unregistered trade secrets, open-source dependencies with potential viral licensing obligations, third-party components, and ensuring proper assignment agreements exist for contractor and employee-developed IP. I’ve seen deals nearly collapse when acquirers discovered core technology relied on restrictively-licensed open-source libraries or that critical IP was personally owned by founders rather than the company.
Equally important is analyzing transferability—whether customer agreements contain change-of-control provisions and ensuring data privacy compliance for cross-border transfers post-transaction under DPDP Act and GDPR. In IP-driven businesses, talent retention often matters more than IP, as innovation resides in people—structuring proper rebadging, enforceable earn-outs, retention bonuses, and non-competes while maintaining team morale is essential.
The key lesson is that technology M&A requires legal counsel to think like business strategists and technologists, structuring appropriate representations and indemnities that fairly allocate IP-related risks.
As a leader at IRIS Legal, you advise clients on both complex technology transactions and broader corporate advisory matters. Managing such a high-profile, demanding career alongside personal commitments can be challenging. How have you approached work-life balance, and what strategies have helped you manage both professional and personal priorities effectively?
Work-life balance in demanding legal practice requires intentional strategies. At IRIS Legal, we’ve found several approaches effective.
First, creating clear time boundaries is critical. AI has made life significantly simpler by automating routine research and tasks, allowing us to work more strategically. When pressing deadlines or client emergencies arise, we put in the hours needed to deliver excellence. However, we encourage our team to leave early when there’s no immediate deadline—preventing burnout and maintaining long-term productivity.
Second, we’ve implemented a hybrid work model combining office collaboration for complex matters with focused, interruption-free time for deep work. Every day begins with a 15-minute priority discussion to align on what needs immediate attention versus what can wait—this simple practice brings remarkable clarity to otherwise chaotic days.
Finally, we leverage technology strategically — using AI extensively for research and routine tasks to free mental bandwidth for high-value, strategic work that truly requires our expertise. We also follow a 15-minute rule, prioritizing tasks that can be completed quickly to prevent small matters from accumulating into overwhelming backlogs.
These strategies help us maintain high client service standards while preserving personal time and team well-being.
Finally, what advice would you give to young lawyers aspiring to build careers in technology, especially those contemplating whether to start in a law firm or an in-house role?
My advice is simple: in TMT, technology literacy is as critical as legal expertise. You need solid legal fundamentals, business acumen, and genuine tech fluency—not surface knowledge, but actual understanding of how tech such as AI models work, how cloud architectures function, how platforms handle data. I’ve seen talented lawyers struggle because they couldn’t grasp what their clients were building.
I’d recommend starting at a specialized firm for 2-3 years to get breadth—exposure to how different companies handle tech governance, cross-border data flows, emerging tech compliance—then moving in-house to understand how legal advice translates into product reality.
Staying current is non-negotiable. I follow AI researchers, read tech blogs as much as legal updates, and track policy developments constantly. When new regulations drop—which happens monthly—you need to understand both the regulatory requirements and technical implementation.
The lawyers succeeding in TMT can walk into meetings with engineers and speak their language, then explain regulatory implications to the C-suite. The traditional ‘learn law first, industry knowledge later’ approach doesn’t work in TMT—the field moves too fast, and the opportunities are extraordinary for lawyers who master this hybrid skillset.
While you reflect on your diverse career you are certified as a PoSH trainer, also a certified mediator, policy consultant, analyst, and IPR enthusiast, as you have done your PhD in that what was the reason behind you choosing law as your career? And while you were doing so, while you were pursuing your legal career, how did you plan on becoming such an ardent academician as well as legal researcher? We would love to hear that.
I guess this journey is more of a cinematic type of journey.
The reason for taking up law—and I’ve said this on various forums, I guess that’s how my first introduction usually goes too—is that I come from a family of lawyers. My blood group is LLB positive. And the reason for saying this is very clear: I’m a fifth-generation lawyer. I’m a first-generation academician. So, from my great-great-grandfather to everyone else, my father is currently practicing in the Gorakhpur district courts—it’s been more than 42 years of his practice.
My brother is in the Allahabad High Court; he’s practicing. So that was the first step for why I took law. I guess the answer is very plain, clear, and simple. And yes, as everybody thought—being the youngest in the family, with my father in the district court, elder brother in the High Court—Deevanshu’s gateway to the Supreme Court was already opening by the end of his final years.
But that made me take a point: okay, everybody in my family has done this. And being the youngest, it was like what everybody’s doing, and it came to me as a baggage itself—oh, you’ll have to practice because your father is there, your elder brother is there. Your way is too easy for those things.
And then I came to know of this subject called intellectual property rights in my fourth year—thanks to my teachers then. At that time, I was the first in my entire family to pursue an LLM. So I wrote my CLAT examinations for the PG and I got an All India Rank of 49, and, at that rank, I was able to get into top nationals
But the reason for opting for NLIU Bhopal was because I had already spent five years in Bhopal for my graduation, and the subjects of intellectual property rights were very much fascinating to me. As I said, during my graduation, I was inspired by the articles and words of Professor Shamnad Basheer Sir, who unfortunately, is no longer with us physically.
But I guess his way of teaching, how IPR took a place, is something that still stays with us. And that helped me take up IPR in NLIU Bhopal under the guidance of Professor Dr. Ghayur Alam sir, another stalwart of IPR. And that is how I felt fortunate to be under the guidance of Professor Alam and Professor Dr. Mona Purohit Ma’am, under whom I pursued my PhD in intellectual property rights. These are the two people who not only inclined me toward intellectual property rights but also toward becoming an academician. The purpose of law, as we all say, is only to convince.
Rather than being the king, it’s better to be the kingmaker. So now, with so many years—more than a decade—coming up on that, I can proudly say that there isn’t a district court left in Madhya Pradesh or in Uttar Pradesh where my students are not present—as advocates, judges, or legal officers.
So through them, I relive this particular domain, and intellectual property rights are again one thing I still say I am a student of. I can never say that I am an expert in IPR, but being a student has helped me not only to do research but to understand the nuances of how even in the coming times, technology is evolving and how these things are developing.
All these things come together.
You’ve been deeply involved in IPR, AI, and cyber laws—fields that weren’t as prominent when you started. What challenges did you face in choosing such a niche area at that time? How did you handle the uncertainty around whether to go into practice or academia? What helped you stay confident in your choice despite limited awareness and acceptance of the field? How did you convince both yourself and your loved ones that you could succeed in this path?
Thank you so much for that question. I could just say one thing: what majorly turns out to be a challenge, I guess in my case, was more of an opportunity. I guess no law school in our country is left out of the scenario where, in your third year or fourth year, one of your professors comes in really pissed off at the entire batch for making noise or not doing something, and they say, “You know, each year 10,000 advocates come out of the country. Where do you see yourself?” and all those things.
So I’ll tell you honestly, by that time I was deeply and madly in love with IPR. This was, again, during my two years of LLM—and in my days, it was a two-year LLM. I guess I was part of the second-last batch before the two-year LLM was on the verge of being phased out.
By then, research had already taken a hold of me. I felt that research and IPR were going together. And the best part—my PhD in IPR, in law—was titled Online Infringement of Trademarks. I’m talking about having chosen this topic in 2013–2014. Now imagine that online Infringement of Trademarks makes sense to everyone in 2025.
Back in 2013–2014, everyone was like, “Okay, this topic hasn’t yet been taken.” I said, “Thank you so much for validating that. Okay, my PhD topic is good to go.” Second thing—I did a comparative study. This comparative study was on the US, India, and China. By the end of 2017, I submitted; by 2018, I was awarded.
By 2018, I was very clear about the laws relating to online infringement of trademarks—a provision that is absent in the Indian Trademark Act of 1999. There isn’t much talk about online infringement. This is similar to how there’s no express provision for e-contracts under the Contract Act of 1872.
They say we are guided by the same principles, wherever the contract happens. And the same thing was told to me—that wherever trademark infringement happens, whether it’s online or offline, the rules remain the same. Now, this was the point where I felt out of the league because I wasn’t taking constitutional law or criminal law.
So that was one thing—and a very funny story I’ll share with you: there were only five students in my LLM specialization of IPR and Business Law—just five. Out of a batch of 60 students, only five took this. The rest were in criminal law or constitutional law.
So I’d say 90% of my batchmates were either in criminal law or constitutional law. And the rest? “Okay, IPR? Are you sure?” And believe me, the syllabi at that time for the two-year LLM—that’s why I’m still a big advocate for keeping the two-year LLM—was comprehensive and beneficial.
Then came the journey of PhD with research. It helped me understand the laws of countries we are already engaging with. As we say, China and the US are nearly 15, if not 20, years ahead of where India currently is. So, this helped me work on something we knew would eventually come to India, because the US, EU, China, and other countries had already adopted it.
As always, something that comes to the world first reaches India later. But I guess the perspective is changing. Today, at par, when I look around—that foundation helped me. Even recently, as we speak, I completed my second arbitration, which was in the domain of IPR.
So IPR has always been the core, and I’ve kept aligning everything else around it. This is also one of my messages to all of you out there: never feel that just because you’ve chosen one domain, you can’t explore others. This was something I told my students the year before last, when the three new criminal laws were introduced in our country.
They asked, “Sir, what will happen to us? We haven’t studied them.” I said, why are you seeing it as a challenge? Why not see it as an opportunity? A 20-year senior lawyer who studied IPC, CrPC, and the Evidence Act is now on the same footing as you when these new laws are enforced.
So, it’s not about the laws—it’s about how well you’ve understood the jurisprudence behind them, and how well you’re going to take that forward. Anything that is posed as a challenge—if you are capable enough to identify an opportunity in it—I guess you’re already in the right place, irrespective of where the crowd is going.
So, don’t follow the crowd. Stand at a point where the crowd will follow you. And that, I guess, would be the best way to conclude my answer.
You’ve clearly shown how IPR aligns with many fields, and your academic journey reflects that.But while doing all this, you also became the founding head of the Jagran School of Public Policy and International Affairs.How did that transition happen from a core legal and IPR background into public policy?What key challenges did you face as a lawyer stepping into the public policy space?
Sure, I’ll just tell you one thing very clearly. For me personally, I’m saying this—there were only two positives out of COVID. One was that I took the headship of the Public Policy School, and the second one was online platforms, which I generally say, thanks to COVID—Zoom interactions and other things increased significantly at that point.
And as I said in my previous answer, I’ll relate it here as well. I’m not saying that I’m ahead of time. I’m just telling you that 2019 was the first time I came across the concept that there is something called a think tank. Now, a think tank for me at that particular time was a very fascinating term.
The reason is, I’m a very big fan of arcade games, PS5, and playing assassination games and all those things. So I said, “Okay, think tank—well, tanks do not think.” And then I came to know about law and public policy. That’s how I came across PRS Legislative, the LAMP fellowships, and other things.
I was too late for it. But as a teacher, you are never too late. The reason is very clear—because I get to relive that through my students. And I’ve always been a follower of one particular statement in my entire life: you should be the version of yourself that you want to be with. So whether it’s a PhD, whether it’s any small IPR subject to be understood, whether it is good eating joints, whether it is good places to move around, things to do in Banaras, places to eat there—whatever it is—be a person who, if I was alone at that place, could help myself out.
So with this, when it came to think tanks and public policy, I thought there is a very, very close-knit relationship. I wouldn’t even call it a first cousin—it’s more like a sibling to what law as a domain entails.
And even today, if you look at the major think tanks in our country—you name them, you’ll find vacancies—and the people working there are majorly from political science, law, or economics backgrounds. Major assistance given to Members of Parliament today comes from people with these academic profiles.
Because we’ve all studied that a law exists. But the question always popped up for me—why do we need a law? And that’s how the policy angle always came into play. For example, there’s a debate today about revamping colonial laws and introducing new criminal laws with desi Hindi names.
What about students from the South who can’t even pronounce those names? A good friend of mine, when she was an HOD at Central University in Tamil Nadu, mentioned a new act called Bhartiya Vayuyan Adhiniyam. And she asked, “What is this all about?”
She questioned why they couldn’t include both names, or alternative English terminology. If you look at Article 1 of the Constitution, it says “Union of India, that is Bharat.” So they were giving similar formats. Yes, Hindi is one of the prominent languages of our country, but we must acknowledge there are nuances. I’m not getting into the language debate or what Tamil Nadu thinks about Hindi, but the key is understanding where these things are coming from.
As law students—and this is my message again—you need to understand the context. For example, it’s always said: to understand why something was made a fundamental right, read the Constituent Assembly debates. That will absolutely help you.
That’s why, when we saw the Waqf Amendment Bill being introduced and a late-night debate happening in both houses, these debates held importance to understanding the text. The reasoning behind them is often mentioned in Supreme Court judgments.
This helped me understand how laws are made—identifying a problem and reaching the root cause—and that’s where public policy comes into play. So it was an opportunity for me.
By that time, I was already immersed in the legal domain. But with public policy, the major challenge—especially in Central India—was that people didn’t consider it a proper subject. They thought public administration was fine because it’s an optional in UPSC. But public policy? “You’ve created your own subject,” is what some parents told me.
In response, I reformulated the course. At the undergraduate level, the course was called BA in Public Policy and Administration. My way of explaining it was: in one course, I’m giving you two degrees—public policy and public administration. That’s the advantage of being in a private university, I would say.
The master’s course was an MA in Public Policy and International Affairs. Both these courses were unique in Central India. No other university or institution in Madhya Pradesh, Chhattisgarh, Uttar Pradesh, or Uttarakhand was awarding these degrees.
That’s how it started. Yes, it began in July 2020, during the first phase of the pandemic and lockdowns. It was affected, but I’m proudly saying this today: when the first batch graduated and the first postgraduates completed their course, the students were either serving with the government or pursuing higher education abroad.
These efforts helped them. We also introduced a very important component—something we, as law students, know as a dissertation in the final year. We introduced, for the first time, a capstone project. This project involved identifying a root problem and formulating a policy to address it.
It was majorly a fieldwork-based study, and the students learned these intricacies before moving forward. That’s how I transitioned into public policy, and then eventually returned to law. That’s how things unfolded.
Now that you’ve started as the Dean and Founding Dean of GL Bajaj, do you think India is ready to allow academicians to actively practice law and practicing attorneys to take up full-time teaching roles, not just as visiting faculty? In developed countries, this dual role is common and beneficial. Wouldn’t such a model greatly enrich student learning and bridge the gap between theory and practice? Given your experience launching innovative programs, do you foresee such a shift happening soon? Especially now, with rapid changes in law due to AI, IoT, blockchain, and other disruptive technologies?
Okay, so I would like to answer that, I’m not going to tell you something that has not been happening.
So all credit, and I’ll just take you back with something called as the National Education Policy. We all have been hearing this NEP 2020, if not many, then once in a day. That comes across to our ears as well. Also, I’ll really compliment what you just asked me, that I’m not the first person to answer that.
UGC, the University Grants Commission, has introduced a concept of professor of practice. There is an entire portal which is available on UGC’s site and there are two particular sub-tabs to it. First, any professional who has completed a minimum of 15 years—one five years—of his practice in the field, which excludes teaching.
So this automatically, like for example, I’m an academician. I have retired after serving for more than 30 years. Now I cannot go back as a POP to an educational institution. Completely banned. But what has been there is that a person who has been in the industry—and this industry can be private practice, served as a judicial officer, served as a legal officer in any of the companies, served as a corporate lawyer in any of the law firms—with a minimum of 15 years of practice can enroll on that portal as a professor of practice, and major universities can adopt them with that particular thing.
As a professor of practice, the POP thing that comes onto, number one. Number two, now you asked me the flip side of the question was that you being an academician, don’t you feel like, so I’m also telling you that I have seen, and a couple of my teachers have been, and I’ll name one who’s presently the Vice Chancellor of National Law University Delhi, respected professor, Dr. G.S. Bajpai, sir, he served as an amicus in one of the Delhi High Courts. So what I’m trying to let you know is that this venue is also getting open now. And one critical thing that I’ll say on that point, for example, any advocate, I’m just giving an advocate because I posed this question to my own father who has been practicing for more than four decades now.
So more than 40 years, 43 years on the civil side. So I have seen him put a bookmark without any note on it. And I have my own library where I put a bookmark and I scribble a note on it. Okay, why am I putting this bookmark here? Is it a case law? Is it something valuable? And he puts a blank bookmark even today.
And I just randomly said, why a blank bookmark? Because I know what is written on that page. I said, is it? So he says, Yes. So it’s just a blank page that I can remember why you’re seeing the AIR of 1978. This is why I would’ve taken that. Now, I asked him, why don’t you come and teach them? My law students will require you.
And he is like, look, I only have 24 hours in a day, where I’m spending more than 12 hours or nearly 10 hours in the court and then coming to my chamber and spending more than 4 hours there, you give me more than 24 plus anything hours, I’m ready to come and teach for that plus hours in your law school.
So it’s not like I can’t, I have to sit with my client. I have to study the file. And as I’ve been always saying to my young people who are in their 11th and 12th and are planning to take law and medical, the only answer is why are these practices called as a practice—because you never become with this practice as a perfect, and you have to study your entire life, whether it’s medical, whether it’s legal, so whether it’s case laws, whether it’s new law books, whether it’s precedents.
You name it, you’ll have to study it. So I’ve seen my father, even after having his dinner late, he goes back to the chamber. I see my elder brother. Okay, no, I have to prepare a brief for tomorrow and it should go like this. And I guess that is also one of the ways I’m answering that will AI change the perspective and you’ll not be requiring—the answer is a big no.
So the only perspective to see that if a successful advocate, whether it’s in a corporate law firm, whether it’s a private practice, asking them to come back to the law school, they can only dedicate a small time because they cannot leave their plan A first. And that is why they have earned that stature where we are requesting, yes, retired judges, a lawyer never retires.
So this is one thing that my father has always told me. I have asked him various times. Look, now your son is a dean, your elder son is a practicing Advocate in Allahabad High Court. You leave your practice, you come and live with us. And he said, no, no, no. I have more cases than what you people would combinedly ever have.
I still have that. And that’s how the point is very clear that yes, if you are growing, the purpose of introducing such a system by UGC is yes—to bridge that gap between industry and the academic colleges. And this is not merely limited to law, but open, inclusive of law, which includes engineering, management and all those things.
So yes, it is already prevalent and I’m pretty confident next five years you will find more of it. And I’m so happy. A couple of my very good friends in the law firms today who are at a senior partner level and they’re like, Deevanshu, enough of what we have done, now we’d like to come. Your life is very easy.
We’d like to become an academician. I said, the grass is always greener on the other side. I would like to live a life of a law firm partner as well. So they say, yeah, we understand that payment-wise we might be on a very higher scale, but ask us—is it the payment or, in the end, the relaxation or the comforting thing that we come onto?
We generally do a thankless job, but you are surrounded by gratitudes and other things. And that, I guess, is something that we require in our lives as well. So answering your query and to cut it short again, to conclude—yes, the opening of professors of practice, and not merely as guest faculties, adjunct professors and all those things.
Even the Bar Council of India has allowed us that we can have the people from the local bar, from the bench, to be part of our law schools. And that definitely is not only shaping up a good law student but also a young lawyer for that particular perspective.
The UGC has introduced many reforms, but real change is needed at the grassroots level, especially in a populous country like ours. Moving on, I’m curious how you managed to publish 43 papers and present at over 60 conferences. Your topics are cutting-edge and highly informative—how do you tackle and anticipate these challenges? Since foresight is your strength, especially in your niche PhD field, how do you maintain this momentum? And how many more papers and books do you have in the pipeline?
Again, one thing I’ll say that every time you pose a question, which is revolving around challenges, I’ll answer you as an opportunity with that.
So I’ll tell you honestly, the base of writing a good research or base of doing a good research, I have said it, and I know many of your viewers who have been my students or who have heard me at various forums. Would re-agree to me by saying, if you read well, you write well. Plus whenever I get a newspaper in my hand and I still get a newspaper in this era of digital, where all my apps are there, so I have a Times of India app as well. I have all my apps ready, but I still get a newspaper in my hand. That’s the first thing that I would really want and I search as I was told, and I recall again, an IPR thing.
So I was told by my professor, which was surrounded by IPR, right in the morning, the toothbrush and the toothpaste that goes in your mouth is an IPR. And by the time you go back to your sleep and you switch on your AC, it itself is an IPR. So you are surrounded by it. I urge and I request young minds, young legal fellows here to have this habit of searching law right at the front page news to even the sports news.
To even the editorials that you wrote and you missed out. I’m now writing more of the editorials for newspapers. Now this is helping me because I have to read it, I have to read it well, I have to understand, I have to curate it well, and then I need to focus that particular thing ahead as well. So if you read well, you get these ideas, don’t just stop it there.
Have that habit of jotting down those ideas. And sooner or later, today or tomorrow, you might get to expand those particular ideas as well. So this helps me to write, parallelly I’ll be very honest, and if you’ve asked me how many are in pipeline, so I’ll tell you honestly, this afternoon itself, I presented a paper.
And it’s not like I have become a dean. I should do that. I guess this is only and I recall that I’m still a student. Don’t let that student and a young researcher inside you ever die. So the moment I’ll see, okay, I’ve already done this, what’s the need of it? So I’m not presenting in conferences for certificates.
I’m not presenting that thinking I should write that in my CV. But I’m presenting because I get peers. I get some ideas from my peers who are presenting. I get some wonderful chairs to share those ideas. And I get some critical analysis as well.
One more, and a very special request to all of you out there. Be open to criticism and do not take it as how dare somebody tell me, okay, I’m a dean and he’s an assistant professor here and he told me that I should incorporate this, what he thinks or what she thinks. No, take it gracefully and you should ideally thank them that he or she has given you that idea.
That can be a next research paper or a research idea for you. And as it has been said, nobody copyrights the idea. It’s the expression of the idea which is copyrighted. So parallelly you and me might be thinking on the same idea, but the expression of Divya ma’am and expression of Deevanshu, would be completely too copyrightable items on our table as well.
So read well to write well, and just don’t read and do not write. So when you’re reading whatever idea is coming to you, and I have said this thing as a researcher as well, that the easiest thing to start for a young law student as a research is to write a case comment. And why I’m telling you this is that gives you a leverage, that you can criticize based on reasoning that this judgment could have been a better one.
Borrow the minority judgment. Read the entire judgment, not half of it. Read the entire judgment. Nowadays, the young lawyers are blessed with apps like Live Law and Bar & Bench, and I do not take any such thing. They’re doing a fabulous job in what is happening at Supreme Court at 2.30 is being reported at 3.30 or 4.
What else can we ask for? It’s not like us where we have to report that when the SCC or AIR would come, then only I’ll come to know for that particular matter. So that is very, very helpful. The e databases like Manupatra, LexisNexis, be it Supreme today with AI versions of it, have enhanced the researchers as well.
So time is being saved, things are getting onto, I even promote usage of AI. So believe me, there is hardly any AI app, which I have not used in my personal life. You name it. And I have been using it at all above level, like Chat GPT 4.0. Perplexity, Gemini, you name it, I have used it all. So the purpose is when I go and teach that thing in the classroom, I need to be up to date.
And I have always said it. And with your forum, I’m also utilizing it, and I know you are a big fan of AI, so I say it is a tool and let it be a tool. Do not let it become your master. It’s not like you’ve given the command. Whatever output comes, you copied and you pasted it. Don’t do that. Take ideas from it.
Okay? And that is what I’m saying. It gives me varied opinions. Okay. On this line, I can also think on this line, I can also think, and on this line, I can also think. So read well and write so that you can write well. And that is the basic motto for me to do these researches. And I don’t count with numbers, it’s just one point.
I know major of them have not been reflected in my CV as well, so it’s not about putting numbers in the CV, it’s more of how and what I’m learning about it.
Thanks for the insightful response! As a policy consultant for Cyber Peace Foundation, how do you see emerging fields like cybersecurity and digital law shaping public policy in India? Given rapid global developments, how do you ensure these advances are integrated into both theory and practice? How effective are Indian think tanks compared to international ones in influencing legislation? And how do you bridge this gap to prepare students for real-world challenges?
Thank you so much for that particular question because the answer that I’m going to tell you is exactly what we have been practicing.
So the entire thing that I’ve told also in the past or in the coming time is not that I’m just a creature for that particular matter, it’s all have been practiced and been taken around. Now just understand, I’ll take a minute to make people understand the concept of think tanks is what I have seen.
So think tanks are the catalysts. Think tanks are basically research agencies. And what are the basic two objectives? Number one, is to do that ground research about something, to something that I call a base of a policy, and to bring it ahead, number one. Number two is to create awareness. So these are the two majors of what a policy or a think tank is generally revolving around.
Now, it’s not merely the legislative that is taking on. Now, why I’m saying this, yes, the think tanks submit their report, which is taken by a member of parliament, whether it’s opposition, whether it’s from the government. The new trend in India is that even these prominent think tanks reports are cited by the judiciary as well.
Now, this is something when in a judgment, the base of such a thing is being done. So think tanks are, as I used the word catalyst, and we all know what catalysts do. Catalyst just enhances the reaction in a faster time. And that is what these important think tanks in our country are doing.
And to name a few, they have identified their areas. Now, I was a consultant with the Cyber Peace Foundation. How institutionalized and why they are getting educationists as a part of their think tanks as well is number one, how these awareness would be gone. And I’ll tell you small examples. For example, the maximum number of cyber frauds.
And one small thing as a caller tune, which was a very well acknowledged initiative by TRAI that you’ll get these things have created an awareness, talking on those things that these are the new ways how these things are being taken up. Now what I’m trying to tell you is that these think tanks alongside institutions are also launching.
And we have launched, we have done international conferences. We have done international working paper series, podcasts. And launch certificate courses in addition to law and other perspectives. So at my institution, it’s not merely a BA LLB or an LLB that a student would get, but during the tenure of that five years or three years, in the case of a three year LLB, the student is also earning two certifications in each semester.
And that is an all choice based thing. So I know that is not possible. But if Divya is coming as a student to me, I know her inclination is towards IPR and AI. And in her three years law course, she can have an LLB course plus a difference of six certifications in the parameter of six semesters that you can have, number one.
Number two, if she’s not interested and it’s more of a criminal law and other perspective, how additional certifications in the criminal law perspective can be given . So the think tanks are in collaboration and all have to work not in silos, but in collaboration. So think tanks in collaboration with academic institutions, think tanks in collaboration with NGOs and together how they are bringing it on.
Nowadays, the think tanks have also collaborated with national law schools to establish a dedicated center for research at their law school itself. And these are the small initiatives which are on the verge of togetherness, they are bringing a change of practical changes, which no law school is teaching.
The Bar Council of India and I must acknowledge and applaud the efforts of The Bar Council of India, in May, 2024 they came out with a regulation, which is a mandate to all law schools, to teach subjects like AI and tech law and financial laws, FinTech laws. Their law schools. I understand, and I know that smile on your face is so they came out with a regulation, but how many law schools in the country have actually followed it?
And my answer to you Divya for that would be one step, even as I say in my classroom as well, when I go and teach a subject in a batch of 60 students. And even if six have grasped and they’re on a good path, I guess my role as a teacher gets fulfilled. Similarly, not all but few who will do and believe me, it’s not many times the teacher or the body who will be directing and the people who do it, but it is always with the peers.
So out of 1800, if 18 institutions in the country follow that regulation or that compliance from The Bar Council of India and couple of years down the line, they come out as the Centers for Excellence in this particular matter. Out of the major 1800, at least 180 would again be inspired to do and to bring that thing.
And you see, forensic labs. So the National Forensic Science University, a great initiative again by the government of India. Each state should have one. They should have a forensic law lab, something we would’ve never thought of. I was very happy in seeing that In FBI, there was a series that used to happen, way back when no Netflix and other things were there and I was very inspired.
Oh wow. And then we had the Indian version of CID happening. So our aspiration was not of that of forensic doctor. You are a good example again that from an engineer background doing law and then taking AI law or FinTech law, I guess that’s the best example that I can cite right now in front of me as well.
So similarly, the newer avenues, the bodies like The Bar Council of India, who are the parent body for legal education, I would say they are the guardians of legal education in our country. And the establishment and the way they’re taking it up is something which is commendable. I know major law schools in our country are lacking, but I’m on a very hopeful and a very positive approach that yes, coming years are going to be where we are going to have unified systems of teaching.
Couple of things are coming on a very good prospect for legal education. These things are no more, something that will be kept on a background, but something that the student would demand on his own. So while choosing a law school, it’s not merely an LLB course or a BA LLB course, but how well the industry driven certifications and add-ons, skill add-ons are given to a law student should also be taken.
And I guess where think tanks would be coming above the catalyst role and would be an equal partner in disseminating these particular subject knowledge.
Your clear explanations could transform at least 10% of law schools, creating a more international and skilled legal workforce. This shift will likely encourage greater global collaboration and intervention. As you mentioned, it’s not just about think tanks, but also understanding why lawyers need these tools to enhance their practice. The Supreme Court’s adoption of AI, thanks to the former Chief Justice, is a great example. This progress reflects how technology is becoming integral to the legal field.
I’ll just add, sorry, I’m pausing you in between. So I came across this, so I’m a big, big fan of DYC. And it’s been like four occasions where I’ve met him, such a down to earth person. Now one very important instance that I’m sharing, yesterday, he rolled out a junior associate and in brackets, it’s written retainership , for his own office. So it’s the office of DYC. And I’ll tell you, a junior associate, Divya, guess the salary. The salary is one lakh rupees per month. And you know it, I know it, his tenure at the Supreme Court, the young researchers, something that we used to call it the Articleship, the legal clerkship thing.
They were young and number of publications that were out. Whether it is the Supreme Court handbook on addressing women, what words should not be used , even for that smallest thing that I’ll say. And he shared that thing. I was a part of it last month itself, and he said even addressing the issue of women washrooms at the Supreme Court, he was one of those particular things, the standard of food items at the Supreme Court.
He made sure that those things were there. The corridors had chairs for juniors to sit there. Now, as a chief justice, if he’s thinking about junior advocates, I guess something, if all of us can imbibe onto to that particular thing, and I’ve learned it, I might be the dean and other such things, but I still see, okay, if my student is walking, it’s very warm, like it’s on 41 right now in Delhi. Can I have a closed path for them to walk from the gate to my building? Now I know this is not a big thing, but yes, this is making you apathetic. This is making you humble and this is making you think about the future and you’re raising it through your teaching itself. I am sorry that I interrupted you in between, but I guess this was one point whenever DYC’s name comes, with all respect, like, I can say a fanboy moment again, for me, when it comes with Justice DYC, for that matter.
I’m a huge fan, not just for his work but for his focus on gender sensitization, which is essential for everyone. Despite his legacy as a 5th generation lawyer, he remains grounded and humble. How does he ensure his messages truly impact not only lawyers but also everyday people who often don’t know their legal rights? In India, awareness of the Constitution and rights is limited, so how does he address this gap? Lastly, how does he stay calm and humble while handling such diverse responsibilities?
Okay, so I’ll answer that part first. How to keep yourself humble and calm. So I’ve always been a big advocate of a fact that there are only two teachers, which a student generally faces.
So first of all, you’ll have to believe you are a student. The moment you start believing, okay, I have crossed this age, I’ve crossed that student thing, I guess your learning stops. So for me, I was blessed. To have teaching both with my parents and my elder brother. And I really like to mention my elder brother because what I see today, myself as a dean or as a student of law, and the best part, we share common among me, my elder brother and my father.
We have our own libraries and we hate sharing books. So each book, the moment it comes, the first thing that we used to do is to put an OM on it and write our names there. So that’s one thing because we hate it, like it’s my book. It needs to be there in my library. And the reason is I have my own habit of underlining and reading.
And his books are very neat and clean. He said, why to make the books dirty. And I said, this is not dirty. It’s like, I’ve read this book. So that’s how, so we disagree. So what I’ve learned is from my parents, my elder brother and my teachers, and the lot that I took the name as, and many more to add to that, they are all humble.
And so what I have learned is what I was trying to tell you, that not all things are taught with textbooks. Some things are by your gestures as well. Fortunate enough, when I started teaching, fortunate enough, the law firms that I went for my internships, I met people who were very humble.
They’re still, I just mentioned about DYC, that why am I a fanboy thing? It’s not like I’m a regular practitioner to the Supreme Court. But there would be hardly any judgment of his, if it’s his name, I’ll have to read it. This is as simple as this. He has always said, and I will quote him again.
He was speaking and he said, I know you all would love to buy the books, and I can see at your background as well, you love to buy the books of your own choice. We all have our own genres to read. This type of book is something I want, this, that, and all those things. But always have this habit of what somebody’s gifting you as a book.
Because it is, and this is where I’m putting a base of my next answer, the second part of your question as well, how you make things understand to people, whether it’s legal, whether it’s non-legal or something like that, is when somebody gives you a book, he actually is giving his particular genre to you, which is an area for you to explore because you have already cleared and mastered your own genres.
And you asked me what is the best way to understand a person’s perspective, so I’ll be very honest and these questions were not pre shared with us that we are trying to script it up and bring it out. These things are not paid enough by either part of us.
So the point which is very clear, is that the questions that Divya, you are posing to me. I am trying to step into your shoes to make you understand that answer and that satisfaction with a smile on your face is something that I’m achieving as well. Now this, whether it’s my student around the table corner, it’s my elder brother, it’s even his daughter.
When she asked me why this Disney character has longer hair and why I do not have that long hair. I’m standing at the first floor of my balcony and my ponytail should go at the ground floor. Now these are exactly the things are, and then the other day she was watching my favorite cartoon Popeye.
And so she asked me why Popeye is called Popeye. Now, this is where my research would come into place. I said, look, his eyes popped out and that is why it’s Popeye. And she was convinced. And this exactly is where I’m not made that cartoon favorite of mine, only because of the fact that it is my favorite.
But I have to research about it. So interested in those particular things. And my answer would be the same. So whenever you are asked something, try to step into the shoes of that particular person, whether it’s your client, whether it’s your student, whether it’s your friend, whether it is anybody for that matter.
And humility and humility I guess, goes hand in hand. So it is nothing like, it is one dinner that I had and I’m more humility, or I can mix it with Horlicks milk in the night, drink and in the morning I’ll become a humble person . So be humble is, again what I’m saying, it’s not by learning from me or you, but we have grades in our country.
In legal domain one again is again, I’ll repeat his name,Justice DYC . So these are people who are existing and being on the top position of the country. And even if you meet him today, if it is not that crowded, he’ll not hesitate to shake hands. He’ll come sit right next to you without any such thing.
And that speaks volumes about him. And again, one thing I’ll tell you, and this was one challenge that I faced when I was a POSH trainer and I got my certification. I went for my first training. Everybody was like, you are a male, and will you be a good POSH trainer?
And I said, okay. So where it is written that only females can be a POSH trainer. No, I know your reaction is saying everything to me, Divya. But again, this is where the point was coming on, and this is where I’m answering the third part of your question: that I was a student in my class eight.
We had compulsory subjects like civics, which was clubbed with history at that particular time. And civics was nothing but preamble, the constitution, part three, part four. And that is how law was something that we’ve taken off. Even today, I ask each of my students who all remember the preamble. And this is, again, I could have posed this question to you Divya, as well.
So you need not open a book and tell me the preamble. And this is simple. So it’s not about the people of India. There is one wonderful line that I’ve always like I have opened that line clearly to everyone, is the liberty of thought, expression, belief, faith, and worship. Now, as an English student let’s say liberty of thought, expression, belief, faith, and worship.
So belief, faith and worship are synonymous terms. And in law we do not have synonyms. So when the words are used, they are used for a proper intent. And tell me, and this is again, I’m giving some homework, as a good teacher, even if my interviews do not have homework, I guess I’ll not be a good teacher.
I just want the students to understand what is this expression of thought, belief, faith, and worship. So they need to understand why this particular thing is there. And the preamble uses the term liberty. The entire constitution lacks the term liberty. This converted into freedom. Now, what’s the difference between liberty and freedom for that matter?
Now these are small things that we as law students should dive into. Okay? If this word is used, why this word is used? And my advice to all young law students out there, two books that I would definitely recommend. One, please buy a Government of India legal Glossary. Don’t buy a legal dictionary.
And there is a difference between a glossary and a dictionary. Glossary never gives you the meaning. Glossary would put you to the place where the word is defined. For example, consideration, which is in Hindi and the best part of legal glossary, government of India, gives you the exact legal Hindi out of it, which is helpful for my students who are preparing for their main exam for judiciary, where you get a Hindi English translation.
So consider, the meaning is pratiphal in Hindi. And it says Section 2D, Indian Contract Act 1872. So as a law student, you know that you need to open the Indian Contract Act, section 2D to understand the definition of consideration, and this is exactly how the glossary and dictionary differs. So answering all the three parts, I guess I have answered all three parts for you as well.
You are being a true academician, true teacher, professor, doctor, everything. Amazing! I’m loving the interview with you. One last curious question. How do you nurture your students not only better and good professionals, but the best human beings as well?
Number one, I never ask my students to follow what I am saying.
I know I might be criticized on this particular line, but we at law schools, we are a buffet provider. A buffet of what is kept on the table and where I know all my 60 students in one particular batch, that’s a maximum that I’m talking about are not of the same likings.
And this is also one of my messages to all my young students. Don’t just take it up because your best friend is taking it up, and think okay we are going to the same intern place so that one month we can be together. No, try, see what suits you and what doesn’t suit you. And this again, as I say, we see our favorite actors wearing a particular outfit.
We go, we try the same outfit on our own and we are not satisfied. That was looking good on that particular person. Now you need to identify your own path. The only thing that I create to my students is whichever path you are taking. And I have said that if I wouldn’t have been in an academician, and as rightly said at our times when we were scolded by our parents, that if you can’t do anything, at least run a samosa stall..
I’m telling you very honestly, if that would have been my career objective, I would have been the best samosa sales person in my entire locality. Now, the reason I’m saying this is only to achieve your excellence, whichever domain it is. Whether it’s criminal law, whether it’s civil law, whether it’s IPR, whether it’s, I do not know what new laws are coming up as well.
Today anything that we are talking about will involve a law. And I came to know, somebody asked the other day on aviation, it was a good talk that birds fly. There is no law governing them. When humans fly, there is a law governing them.
And he said, wherever you’ll find humans, you’ll find a law, simple. Now, when I say this, what I mean is very clear that if it is human anything that we as humans see books, water, air, laptop, technology, whatever it is, it would be accompanied with a law. Just identify your domain. There is no obsolete domain in law.
Law can never be obsolete and there is no thing which many are taking. Even if many are taking, you are the competitor. And that’s where I conclude by saying we only practice in the legal domain. Whether it’s forty years of practice, whether it’s five years of practice, whether it’s one year of practice.
If you practice it well, you can practice well. So that would be all from my end.
Get in touch with Prof. (Dr. ) Deevanshu Shrivastava –
Your remarkable contributions to the legal field are widely recognized. What led you to choose law as a career despite having a background in science? What motivated you to make this shift?
Thank you so much for your kind words. While my background is in science, I was drawn to law primarily because of the unique freedom and societal impact it offers. Unlike many other professions, law provides the opportunity to engage directly with society and interact with people from diverse walks of life. This ability to affect change, whether by resolving complex issues or advocating for others, truly resonated with me. I found that, in science, while I could contribute through innovation and research, law allows me to apply problem-solving skills in a more immediate and tangible way, often in situations where my services can bring about significant positive change or even happiness for others.
Moreover, law offers a respected position within society, which is something I deeply value. The idea that legal professionals play a key role in shaping policy, protecting rights, and upholding justice aligns with my desire for a career that combines intellectual challenge with the opportunity to make a real difference. In many ways, law felt like a natural next step for me, allowing me to leverage the analytical and critical thinking skills honed through my science background, while also offering the chance to have a direct and meaningful impact on individuals and communities.
After completing law school, you pursued an LLM in Business Law and a PhD in Competition Law. What sparked your interest in these specific areas of law, and how have they influenced and enhanced your professional journey?
When I completed my undergraduate law studies, I found myself at a crossroads like many of my peers, wondering what direction to take next. I debated whether to enter legal practice or pursue further studies, and if I chose the latter, in which area of law should I specialize? I initially felt some pressure, as many of my friends were pursuing additional qualifications, and I wondered if I was already falling behind.
However, after careful consideration and introspection, I recognized that my interests were centered around business law related subjects like contracts and intellectual property law. During my final year, I had the opportunity to intern with an IT firm, where I was exposed to contract drafting and gained some insights into the practical applications of intellectual property rights, particularly copyrights and trademarks. This experience sparked a deeper interest in intellectual property law and its potential for specialization.
I began to understand the value of pursuing a more niche area of law, and this led me to focus on business law as my primary interest. After speaking with my professors and industry professionals, I decided to pursue a Master of Laws (LL.M) with a specialization in Business Law, with a focus on Intellectual Property Law as well. I was fortunate to be admitted to NLIU, Bhopal, through the CLAT, which provided me with a solid foundation for my further studies.
The two years of my LL.M were transformative. I had the privilege of learning from professors who deeply influenced my career, particularly Dr. GS Bajpai and Dr. Vinod Dixit. Dr. Bajpai ignited my passion for legal research, while Dr. Dixit played a key role in honing my research skills and guiding my LL.M dissertation, which explored the intersection of Intellectual Property and Competition Law.
During my time at NLIU, I also had the opportunity to intern with Luthra & Luthra, where I assisted in competition law matters. This experience introduced me to the emerging field of competition law in India and further piqued my interest. Since then, competition law has become a key area of my professional passion and expertise. Recognizing the potential of this relatively new area of law, I decided to deepen my expertise and eventually pursued a PhD in Competition Law.
With over 14 years of experience as an in-house legal counsel, what have been some of the most valuable lessons you’ve learned from providing legal support to business operations? Can you share an example of a particularly challenging case you’ve worked on and how you approached it?
As an in-house legal counsel, I have gained several key insights over the years that have been invaluable to my role. One of the most critical lessons is the importance of understanding the company’s business strategy. Legal counsel must go beyond merely interpreting the law; it is essential to integrate our advice within the broader business context. By aligning legal decisions with the company’s goals and objectives, I am able to provide solutions that are not only legally sound but also practically feasible, ensuring that the business can thrive.
Another essential insight is the understanding that risk management is more important than risk avoidance. Effective legal support is not about eliminating all risks, as some degree of risk is unavoidable and even necessary for business growth and innovation. Instead, my role is to help the company navigate these risks in a way that minimizes potential harm while still allowing for the pursuit of opportunities and business goals. It’s about striking the right balance.
Additionally, effective communication has proven to be a vital skill. Translating complex legal concepts into clear, actionable advice is critical, as many business stakeholders may not have a deep legal background. It is my responsibility to ensure that legal implications are communicated in a way that is understandable and actionable. Whether addressing compliance requirements or explaining the potential consequences of a business decision, my aim is to make legal advice accessible and valuable to the team.
Collaboration across different functions has also been one of the most rewarding aspects of my role. Working closely with teams from finance, operations, marketing, and other departments allows me to better understand their priorities and challenges. By being a trusted partner to these teams, I can provide timely and relevant legal support, helping to anticipate potential issues before they escalate.
Agility and solution-oriented thinking are also key components of being an effective in-house counsel. The business environment is constantly evolving, and I’ve learned to be flexible and adaptable in my approach. Legal solutions must evolve alongside the business, and I strive to find practical solutions to legal challenges. Rather than just identifying potential risks, I aim to contribute to finding solutions that propel the business forward.
A preventive approach to law has also been one of the most valuable contributions I can make as in-house counsel. By drafting clear contracts, setting up strong internal processes, and offering regular compliance training, I help mitigate potential risks before they become issues. This proactive approach to legal matters helps the business avoid costly disputes and safeguard its reputation.
Negotiation and diplomacy are critical in my role. Whether I’m involved in contract discussions, dispute resolution, or forming strategic partnerships, it’s crucial to understand the broader context of each negotiation. By recognizing what each party values and finding common ground, I can facilitate agreements that protect the company’s interests while fostering positive, long-term relationships.
Further, commitment to upholding high standards of compliance and ethics is fundamental to the role of an in-house legal counsel. Ensuring that the company adheres to legal requirements and maintains ethical conduct is essential, especially in industries with complex regulatory environments. Non-compliance can lead to serious legal and reputational risks, so maintaining strict standards is critical to safeguarding the company’s integrity and success.
I would say that; the role of in-house legal counsel extends far beyond simply providing legal advice. It involves understanding the business, working collaboratively with various departments, and offering practical, solution-oriented legal guidance that supports the organisation’s growth while safeguarding its interests.
One of the most challenging aspects of my role as in-house legal counsel is navigating the delicate balance between the commercial interests of the organization and our unwavering commitment to legal compliance and ethical practices. In situations like these, it’s crucial to maintain alignment with the company’s goals while ensuring that we don’t compromise on our legal and ethical obligations.
A key challenge often arises when the business is eager to pursue new opportunities or aggressive growth strategies. These initiatives may involve areas where the legal framework is either ambiguous or highly regulated, creating potential compliance risks. My approach in such cases has been to fully understand the commercial objective behind the decision, and then work closely with the relevant business stakeholders to ensure that the legal risks are clearly identified and communicated.
Rather than simply telling the business “no” or “this can’t be done,” I strive to offer alternative solutions that satisfy both the commercial intent and legal requirements. For example, when dealing with regulatory compliance or complex contractual terms, I work collaboratively with finance, operations, and other departments to design agreements or strategies that mitigate legal risk while allowing the business to move forward. This may involve structuring deals in a way that complies with the law, negotiating terms that ensure compliance without hindering business flexibility, or even identifying ways to structure the business’ operations so they remain compliant without disrupting its goals.
One critical component in maintaining this balance is effective communication. I make it a point to explain not just the “what” and “how” of legal compliance, but also the “why”. When business leaders and teams understand the legal rationale behind compliance and ethical guidelines, they are more likely to support and adopt these measures without feeling that they are inhibiting the company’s growth. This transparency also helps to build a culture of compliance within the organization, where legal considerations are viewed as integral to the company’s long-term success rather than as a barrier.
Ultimately, my goal is to find practical solutions that protect the organization’s commercial interests while also ensuring that we uphold the highest standards of legal compliance and ethical conduct. Balancing these priorities requires constant vigilance, clear communication, and a solution-oriented mindset that supports both business growth and responsible risk management.
As an author of numerous books and articles, you’ve addressed various facets of India’s competition law landscape. With the rapid advancement of technology and the rise of digital markets, how do you envision competition law evolving to address challenges such as anti-competitive practices in the tech industry?
As a student of law and research enthusiast who has had the privilege of studying India’s competition law landscape, I believe that the digital revolution and the rapid advancements in technology, especially the rise of big data, will play a critical role in shaping the future of competition law. With technology playing an increasingly dominant role in every sector, competition law must adapt to address new challenges, particularly in the tech industry where anti-competitive practices often thrive.
The surge in data-driven business models has fundamentally altered the dynamics of competition. Tech giants like Google, Facebook, and Amazon have not only redefined how we interact with digital platforms but also consolidated immense power by controlling vast amounts of data. This concentration of data is creating a new form of dominance, with the potential to distort competition in ways that traditional antitrust frameworks were not designed to address.
As companies harness data to gain insights and optimize their operations, they inadvertently or deliberately use it as a tool to entrench market dominance. Practices such as exclusionary tactics, discriminatory pricing, and even data-driven collusion are becoming more commonplace, potentially stifling innovation and preventing smaller competitors from gaining a foothold in the market. These practices represent a growing challenge for regulators who must balance fostering innovation with ensuring a level playing field.
Moreover, the regulatory landscape in India and globally is lagging behind the speed of technological change. Traditional competition law, which primarily focuses on market shares and pricing strategies, must evolve to encompass the unique characteristics of digital markets. The key concern is how we can regulate the misuse of data to preserve both competition and privacy without stifling the very innovation that drives the tech sector forward.
One of the critical areas that require immediate attention is the abuse of data dominance. When a dominant player in the market collects and controls vast amounts of personal data, it can create barriers for entry and exert undue control over consumers. This can lead to harmful outcomes, such as reduced consumer choice, unfair pricing, and monopolistic behavior. Regulatory bodies must address these issues by not only enforcing traditional competition laws but also developing new frameworks that take data and its role in market dynamics into account.
I envision the future of competition law evolving through a combination of enhanced enforcement mechanisms, clearer data governance policies, and greater international cooperation. Strengthened regulatory measures can ensure that dominant players cannot leverage their data advantage to undermine competition. These measures must be agile and responsive, given the rapidly changing nature of digital markets.
Moreover, empowering consumers through transparency and control over their personal data is a key component of a fair and accountable ecosystem. Consumers must be able to understand how their data is being used, have the ability to exercise their rights, and be protected from unfair practices. This empowerment, combined with robust enforcement of competition laws, will help create a more competitive and ethical digital environment.
Addressing anti-competitive practices in the tech industry, particularly in the era of big data, requires a multi-faceted approach. Competition law must evolve to deal with the complexities of data dominance, market power, and the ethical use of information. By fostering innovation while ensuring fair competition, we can create a balanced, dynamic digital ecosystem that promotes consumer welfare, protects individual rights, and drives responsible technological advancement. It will take collaboration among regulators, businesses, and consumers to navigate this complex landscape, but by doing so, we can ensure a thriving and equitable digital future.
Your academic and professional achievements are impressive, and your research contributions are highly regarded. What drives you to keep writing and publishing in such a demanding field, and how do you manage to balance these scholarly endeavours with your professional commitments?
Thank you for your kind words. I am deeply grateful to my teachers, who played a pivotal role in shaping my research skills. As I mentioned earlier, my areas of interest are centered around corporate law, particularly antitrust law. I firmly believe that professionals should focus on emerging areas within their field, as this not only accelerates career growth but also opens doors for new opportunities. I was fortunate to begin my research in competition law just as India’s new antitrust legislation was coming into effect, which created a wealth of learning possibilities.
It is worth noting that publication requirements, such as the two articles needed for Ph.D. programs, were a key catalyst in increasing my publication output. While I had already published a few articles and three books before enrolling in my Ph.D., the pace of article publication certainly increased after my Ph.D. enrolment. As I mentioned earlier, exploring emerging areas and contributing to them not only enriches one’s work but also ensures that contributions are recognized in the academic community.
As for managing the balance between scholarly pursuits and professional commitments, this is a question I often encounter. Striking that balance can be challenging, but with the right strategies, it is certainly achievable. The first step is to clarify both your academic and professional goals. Understanding your priorities allows you to allocate your time and energy effectively, ensuring that both areas progress according to your long-term vision.
Next, I recommend developing a structured schedule that accommodates both academic deadlines and professional responsibilities. Time-blocking is a useful technique to ensure dedicated time for each, so that neither area encroaches on the other. Prioritizing tasks based on deadlines and significance will also help in staying on track.
Leveraging flexibility within both your academic and professional roles can also be incredibly beneficial. Open communication with your employer about important academic periods can lead to accommodations that allow for better focus on research. Likewise, delegating certain tasks in the workplace can free up valuable time for scholarly work. Similarly, in academia, delegating aspects of your research projects where possible can help manage workload effectively.
Setting boundaries is essential to prevent feeling overwhelmed. Learning to say no, or negotiating timelines, helps to ensure that you do not overburden yourself. Being mindful of your limits and allowing yourself to shift focus between commitments is key. Where possible, integrating your academic work with your professional role can streamline both efforts. If your scholarly pursuits align with your job, you can create synergies that reduce the effort required to manage them separately.
Self-care is another critical aspect. Regular breaks, exercise, and relaxation are necessary for maintaining productivity and overall well-being. Stress management techniques, such as mindfulness, can help you stay focused and prevent burnout, ensuring that both your academic and professional commitments remain sustainable.
Utilizing technology to stay organized is also invaluable. Digital tools like calendars, task managers, and note-taking apps are excellent for keeping track of deadlines and responsibilities, helping ensure nothing is overlooked. Lastly, it’s important to be realistic about your capacity. Some periods will require more attention to either your academic or professional life, and it’s essential to adjust expectations accordingly. Don’t hesitate to scale back when necessary to avoid compromising the quality of your work in either area.
Seeking support from mentors, colleagues, and academic advisors can provide the guidance needed to navigate the complexities of balancing both domains. Clear communication and mutual understanding can provide flexibility and insight, helping to manage the dual responsibilities effectively. By prioritizing tasks, setting boundaries, practicing self-care, and leveraging available resources, balancing scholarly and professional commitments can be achieved without overwhelming oneself.
What are the most important elements of intellectual property management that you discuss in one of your works, and why is it critical for businesses to adopt effective IP management strategies?
In one of my works, I discuss several key elements of intellectual property (IP) management that businesses must consider to effectively safeguard their innovations and sustain a competitive edge. These elements include IP identification, protection, commercialization, and enforcement, all of which are crucial to ensuring the longevity and profitability of intellectual assets.
The first step in effective IP management is identifying the intellectual assets within an organization. This involves recognizing innovations, trademarks, patents, and other creative works that could be protected under IP laws. It is essential for businesses to have a clear understanding of what constitutes IP within their operations so that valuable assets are not inadvertently overlooked. Without this identification, businesses risk losing control over critical innovations.
Once IP is identified, the next step is protection. This involves taking the necessary legal measures to secure patents, trademarks, or confidentiality agreements to guard against potential infringement. IP protection forms the foundation of any IP strategy, as it ensures that competitors cannot copy or exploit these innovations, thereby maintaining the business’s unique position in the market.
Following protection, businesses must look to commercialize their IP. This can be achieved through licensing agreements, partnerships, or the development of new products and services. Effective commercialization not only helps businesses generate revenue but also expands their market presence, turning intellectual property into a powerful revenue stream.
However, protection and commercialization alone are not sufficient. Enforcement is equally critical. Businesses must be proactive in monitoring the market for potential infringements of their IP and be prepared to take legal action if necessary. This vigilant enforcement ensures that the value of intellectual assets is not undermined, providing companies with the legal standing to defend their innovations.
Adopting robust IP management strategies is vital for businesses for several reasons. Intellectual property often represents a significant intangible asset, forming the cornerstone of a company’s competitive advantage. Without proper management, businesses risk losing control over their innovations and missing out on opportunities to capitalize on them. Furthermore, effective IP management creates barriers to entry for competitors, helping companies maintain market dominance while fostering a culture of continuous innovation.
In today’s interconnected global marketplace, businesses are increasingly vulnerable to IP theft or unauthorized use. By implementing sound IP management practices, companies can protect their assets, avoid costly legal disputes, and ensure long-term growth and sustainability. Ultimately, IP management is not just about protecting ideas; it is about strategically leveraging those ideas to drive innovation, revenue, and competitive strength.
As the founder of Lex-Warrier Law Journal and a frequent speaker at various conferences, what advice would you give to law students aiming to excel in both the legal profession and legal research? Additionally, what resources would you recommend to them to stay informed about the latest developments in the field of competition law?
My advice to them would be twofold: cultivate a deep commitment to continuous learning and actively seek out opportunities for hands-on experience.
First, in terms of legal research, I would advise students to focus on building a strong foundation in research methodology. The ability to critically analyze case law, statutes, and legal theories is indispensable in any legal career. However, it’s equally important to develop skills in synthesizing complex legal issues and presenting them in clear, concise writing. Law journals, like Lex-Warrier, provide an excellent platform for students in their initial phase to publish their research and get their work noticed by a wider audience. My advice is to regularly contribute to such journals, not only to gain exposure but also to hone your writing and analytical skills.
Secondly, practical experience is key to excelling in the legal profession. I strongly recommend that law students seek internships, clerkships, or volunteer work with law firms, judges, or in-house legal departments. These experiences help bridge the gap between theoretical knowledge and real-world application, providing valuable insights into the practice of law. Engaging in moot courts, debates, and legal competitions is also a great way to sharpen practical skills and build confidence.
To excel in competition law, law students should try to stay updated with the latest developments in the field. The dynamic nature of competition law, with its evolving regulatory frameworks and landmark decisions, demands that professionals remain informed.
I recommend the following resources for staying up-to-date:
Legal Journals and Publications: Regularly reading law journals which provides access to the latest scholarly articles, case law, and regulatory developments in competition law.
Official Websites: Staying connected with institutions like the Competition Commission of India (CCI) and the European Commission’s competition department is crucial. These websites offer updates on policies, decisions, and ongoing cases that shape the competition law landscape.
Books and Treatises: Foundational texts on competition law, such as those by notable scholars like Richard Whish or Eleanor M. Fox, offer in-depth insights into the principles and nuances of competition law, while also serving as reference points for research and practice.
Webinars and Conferences: Actively participating in webinars, conferences, and seminars, whether in person or virtual, is an invaluable way to engage with the legal community and learn directly from experts. Being a frequent speaker myself, I believe these platforms not only offer learning opportunities but also provide students with networking prospects that can be crucial for their careers.
By combining a strong commitment to academic excellence, practical exposure, and consistent engagement with the latest industry resources, law students can position themselves to excel both in the legal profession and in legal research, particularly in specialized areas like competition law.
After managing such demanding professional responsibilities, how do you unwind and relax? Do your hobbies, like chess and cricket, provide a mental break, and in what ways do they contribute to your overall well-being?
For me, engaging in hobbies like chess and cricket plays a significant role in providing that mental break. These activities not only offer a refreshing escape from the intensity of my professional commitments but also contribute meaningfully to my overall well-being.
Chess is particularly beneficial as it helps me sharpen my focus and strategic thinking. The game requires deep concentration and foresight, which allows me to temporarily step away from legal complexities and immerse myself in a different kind of mental challenge. It also provides a sense of accomplishment when I can improve my skills or solve difficult puzzles. This mental stimulation helps keep my mind agile and balanced, making it easier to return to work with renewed energy and clarity.
Cricket, on the other hand, is a great physical and social outlet. The game allows me to disconnect from the day-to-day stress of my professional life and enjoy time with friends or colleagues. Whether playing or simply watching, cricket offers a great way to relieve stress and foster a sense of camaraderie. Physical activity, whether through a casual match or just active participation, is also essential in promoting physical health, which in turn supports to maintain a stress-free mind.
Both of these hobbies serve as valuable tools for maintaining equilibrium in my life. They provide a structured yet enjoyable way to switch gears, reducing the risk of burnout and improving my productivity when I return to my professional responsibilities. Engaging in activities outside of work also helps me cultivate a sense of joy, creativity, and relaxation, all of which are crucial for maintaining long-term well-being and success.
Can you share with us what inspired you to pursue a career in law, particularly in the field of dispute resolution and arbitration?
Funnily enough, I would have to say that my entry into the law school and eventually into the legal profession was not all planned and happened by accident. I was initially a Zoology (Hons.) student at North Campus, Delhi University, where through the internet, peers, and friends, I found out about the various national law schools in India. I was instantly intrigued; decided to leave zoology behind; and apply to law schools. It was at NLIU Bhopal, that I realised the emancipatory potential of law; my inclination and ability towards analytical thinking and its capability of a positive impact on society and human civilization at large. Further, during the 5 years I spent at Bhopal as well as the various internships I completed during that period, I realised and accordingly decided that dispute resolution would be the practice area for me.
I started my journey as a lawyer in 2011, upon graduating from NLIU, Bhopal and joining the disputes practice of Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS), at its Mumbai Office. I thereafter shifted my base to Delhi in 2016, and presently, I am a Partner at Cyril Amarchand Mangaldas, at its Delhi, NCR Office.
Now, 13 years later, I am a qualified Advocate-on-Record and endeavouring to build and develop a practice in advising and representing both Indian and foreign clients in a diverse spectrum of areas under the disputes and arbitration umbrella.
You have a specialization in various areas such as complex, civil and commercial disputes; contractual disputes; securities laws; white-collar crimes; and environmental matters. What drew you or motivated you to pursue such diverse practice areas within dispute resolution?
The preference for a super specialised practice versus a more general one, of course, differs from practitioner to practitioner. However, for me, personally, having a more holistic and well-rounded practice and knowledge in the age of specialisation, is definitely an important arrow in my quiver. I would credit my early curiosity to learn and explore more than one area of a law, as well as the various opportunities which my firm has provided me – as equipping me to effectively advise and represent clients in a diverse variety of matters.
As a gold-medalist graduate from NLIU, Bhopal, what pivotal moments during your education shaped your interest in dispute resolution and arbitration?
Numerous peers, professors and mentors and my experiences have shaped the interest I have and which I continue to learn on a daily basis in dispute resolution and arbitration. I would have to give due credit to my colleagues at my firm, college seniors, who were already placed in various law firms and who regularly advised me on various aspects of practice; my professors, who were instrumental in developing my keen interest in disputes; the various internships and clinical courses I completed which helped create a sound foundation of procedural and substantive law and of course, the people around, who constantly reinforced my desire and determination to use my legal knowledge to help people, create a more aware surrounding, and whatever I can contribute towards building a just world, the best I can.
Could you discuss some of the key matters you’ve worked on, such as advising and representing premier associations, international publications, and major infrastructure projects? How have these experiences influenced your approach to dispute resolution?
During my time at Cyril Amarchand Mangaldas, I have been fortunate enough to work on a variety of high profile and very interesting matters. Whilst it may not be advisable to get into specifics, I have advised big conglomerates, reputed developers and builders, cricket bodies, tech companies etc. I have recently advised and represented a premier association of private sugar mills, on inter alia challenging the implementation of a state policy by way of writ proceedings instituted before the High Court of Allahabad. I have also advised and represented a highly reputed international magazine and multi-platform publication, in a civil defamation suit in Delhi; a major tea estate before the Madras High Court as well as the Supreme Court of India; a leading steel plant in various critical matters before the National Green Tribunal, Principal Bench; as well as the court appointed Administrator of a club/association before the Supreme Court, High Court, NCLAT and NCLT – amongst many other varied cases.
These matters, like all my others, greatly influence my approach to dispute resolution. They reinforce what I believe is a prerequisite to any matter being effectively handled – first, very frankly evaluating the needs and requirements of my client in a solution-oriented approach, and then dynamically exploring the strengths and weaknesses of their case, i.e., whether they would benefit from alternate dispute resolution methods, if at all, etc. I have found that this enables me to best, realistically advise my clients and have their expectations managed from the get-go. In my view, it is very important to have a long-term vision and to have a solution based and practical approach.
As an Advocate-on-Record, Supreme Court of India, what unique challenges and opportunities do you encounter while representing clients in the highest court of the country?
I believe an AOR has to be cognisant of the immense responsibility that accompanies its title. Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land. Almost on a fortnightly basis, one hears of directives and observations passed by the SC that an AOR cannot merely be a signing authority and file meritless or frivolous petitions. Thus, being an AOR is a balancing act between the needs of the client and the responsibility towards the court, which must be exercised responsibly. It is in fact a privilege.
In your opinion, what are some of the critical skills and qualities necessary for a successful career in dispute resolution and arbitration, especially when handling complex cases involving multiple jurisdictions and legal nuances?
Good question. In my opinion, the first critical quality that is necessary for a successful career as a dispute resolution practitioner is hard-work, hard-work, and hard-work! It is also imperative that no matter how many years of practice have gone by, as a lawyer, one must stay abreast of developments in the legal arena and open to new and challenging ideas. This will greatly facilitate one’s capability to strategize and effectively advise the client. It is also important that one is aware of the changing needs and aspirations of the people of India, the corporate world and the nation as a whole – it will only help in molding one into a lawyer for today and for tomorrow. It is of course also important to have basic ideas about other jurisdictions and build good and reliable contacts with lawyers and experts in varied jurisdictions. The ability to learn fast and on the go is also very critical.
Always remember that dedicated hard-work, perseverance, and good relationships will never steer you astray!
Lastly, what advice would you offer to recent law graduates aspiring to excel in the field of dispute resolution and arbitration, based on your years of experience and expertise?
Borrowing, from what I have said above, broadly I would like to synthesise my advice to law students/recent graduates as follows:
Sustained hard work and regular reading are your most powerful allies, whether you are a fresh entrant into the practice or a seasoned veteran. It is important to carve out the time to stay updated, accordingly.
Stay in touch with your alumni; your mentors; and your peers and seniors at your internships – those who are already practising and take ‘on ground’ practical advice from them.
Further, do not dismiss procedural aspects or courses to the peripheries of your studies. Knowing the ins and outs of CPC is just as important as Constitutional Law or Contracts Law, if not more. Having sound procedural knowledge is vital and will provide for an excellent base/first principles knowledge, when practicing.
Can you share the journey of how you decided to pursue a career in law, especially with a focus on Government Litigation ?
Firstly I would like to thank Superlawyer for this interview and convey my deep appreciation for their endeavor. Law graduates would find my insights useful while planning their professional journey.
Being the second generation lawyer, law was the obvious choice as I have been watching my father attending court. Also the fact that law is one such mechanism which touches human lives .It is one such avenue which can bring about positive changes in this inequitable world.
I got through the National Law Institute University , (NLIU) Bhopal in 2007.I started my practice at Allahabad High Court. After the elevation of my father as a High Court Judge, I shifted to Delhi to practice at the Supreme Court in 2013. One does not start with government litigation in the formative years . I landed with ‘government panels’ after spending considerable time in private practice. By God’s grace , I have been continuing the work for the past many years before the Supreme Court and different tribunals across Delhi. It’s indeed a privilege to be part of a competent team of government lawyers where I get to work on complex and high profile cases. I have gained considerable experience while representing State Governments and Corporations.
With extensive experience in dealing with both State Governments and Corporations, can you highlight a particular case that has been the most challenging or memorable in your career so far?
I have been extremely fortunate to have worked on a wide range of cases.While every case I argue is close to my heart , but the one that stands out is the service matter in which I appeared as a standing counsel on behalf of the Delhi Transport Corporation before Delhi High Court. An Employee had resigned after rendering 29 years of service.The court was inclined to grant relief on equitable ground. I could successfully convince the court that the word “resignation” and “voluntary retirement” cannot be used interchangeably in the case of an employee and thus not entitled to retiral benefits.
Another satisfying case has been of a gazetted government officer wherein I was able to secure the quashing of criminal proceedings as well as divorce under Article 142 of the constitution from the Supreme Court . There were multiple cases lodged by his wife in different districts.
I have had the opportunity to assist the Senior Advocate/Advocate-on-Record(s) in several high profile cases like CBI autonomy ,Triple talaq Article 370 etc to name a few.
How did your academic background shape your perspective and approach towards practicing law?
Apart from my legal background , I believe my law school NLIU played an important role in shaping my personality.Be it moot court participation or time bound completion of research papers involving rigorous research or internships with top law firms have all contributed to my professional growth . The interdisciplinary approach taught there has also enabled me to develop a broader perspective which is helping me to diversify my practice .No wonder , I never found any hurdles in adapting to the distinct practice culture of the Supreme Court after shifting to Delhi from Allahabad (now Prayagraj) in 2013. I cracked the Advocate-on-Record (AOR) exam in my very first attempt in 2019.
It has been an enriching experience to represent the Government of India ,Uttar Pradesh and Uttarakhand before the Supreme Court of India. I also appear before different High Courts like Allahabad , Chandigarh etc frequently.
You have an LL.M. in Cyber Laws and have published articles in prestigious journals. How has the specialization in Cyber Laws influenced your practice, and what challenges do you often face in this dynamic field?
After some years of practice, I wanted to pursue post-graduation However it was not possible to leave active practice and pursue studies. Coronavirus Pandemic provided me an opportunity to pursue a two year masters’ program in Cyber Laws from School of Law and Legal Studies, Guru Gobind Singh Indraprastha University [GGSIPU], Delhi. These two years not only gave me invaluable insights, but also provided me with an alternative perspective that is going to benefit my career as a lawyer.
E-commerce in India is moving forward by leaps and bounds. With it , there are bound to be cyber crimes.We all have seen critically acclaimed web series ‘Jamtara-Sabka Number Ayega’ where the phishing, a type of cybercrime, is undertaken in an organized manner by the village teenagers . I believe that the role of Artificial Intelligence (AI) in the realm of cyber security looks promising.The challenge remains to be seen in respect of effective implementation of AI systems given the fact that such systems are going to be trained in safeguarding data.
As an Advocate-on-Record, you’ve appeared before various courts and tribunals, including the Supreme Court and High Courts. Could you share some insights into the differences in presenting cases in these forums and how you navigate through them?
I believe the approach varies from court to court.This is due to the fact that the jurisdiction of each court is different . For instance, the Supreme Court is not only the highest court of the land but also the final court of appeal.This mandates lawyers taking a different approach which one would not take before High Court or Tribunal(s). It is like identifying the error committed by Court /Tribunal below and presenting it in a limited time frame before Supreme Court judges. The case with the High Court(s) is different as lawyers have the liberty to argue at length.
Practice in Trial courts involve more procedure laws while Higher courts involve mostly appellate or writ jurisdiction dealing with legal issues relating to substantive law. Facts are the main weapon of choice before the Trial courts while Higher courts deal with nuances of law.However, I would add a caveat. Facts are the backbone of every case irrespective of courts involved and lawyers should always be well versed with them .If left to me , I would say that every case is decided on the facts and law helps in unearthing the truth and reaching at the correct conclusion to promote justice.
Given your interest in writing articles and being invited by universities to judge legal events, how do you balance your advocacy work with these academic pursuits, and how do they complement each other in your professional growth?
Being an Advocate actually provides the satisfaction of directly representing the ‘aggrieved’ before the court. Whereas writing legal articles or mentoring law students reflect my commitment of giving back to the legal fraternity.
Both Advocacy and Academic pursuits might be distinct but they are essentially complementary. Writing articles or mentoring allow me to engage with burning legal topics on a broader scale. It provides me a platform to share my knowledge
and insights with my peers. It would be wrong If I don’t admit that writing brings about an in-depth understanding of the legal principles. Meeting ‘like-minded’ professionals is another advantage.
Thus balancing practice with academic pursuits is challenging but immensely fulfilling.
You’ve worked with different government bodies, including the Government of India and various state governments. What unique challenges or considerations arise when representing government entities compared to private clients?
I have been appearing before the Supreme Court of India , Delhi High Court, NCLT, NCLAT, and NCDRC. With over a decade of experience, I personally feel that the case of Government bodies is often strong legally but lacks either professional advice or proper representation. For instance, crucial evidence is not adduced or documents vital for adjudication of the case are not annexed before the Court/Tribunal(s) .Such instances have led to the dismissal of cases before Supreme Court having financial ramifications.
When entrusted with a case , I try my best to go through the records thoroughly and ensure superfluous claims are nipped in the bud and genuine claims, if any , remain for adjudication. Professional fee offered by the Government bodies is although meager but the volume of cases give consistent opportunity to appear before the Courts which enhances one’s nuanced understanding of law , not to forget court craft.
Private clients on the other hand approach lawyers after taking painstaking research about the reputation one enjoys in the market. I found such clients smart and attentive. But the problem crops up when it comes to managing their
expectation especially at a place like the Supreme Court where the dismissal rate of cases is high at the admission stage.
I have been fortunate enough to get the best of both worlds. It has been so far a transformative experience that has broadened my horizons and equipped me with the skills necessary to handle extremely challenging propositions.
As a Managing Partner of Avika Law Offices LLP, and with reported judgments to your credit, what advice would you offer to law graduates entering the profession, particularly those interested in government litigation ?
My journey from a law student to Managing Partner of Avika Law Offices LLP has been a rewarding experience. I would urge law graduates aspiring to enter this dynamic profession to look for good mentors. It is extremely important to have a good chamber in initial years which lays down a strong foundation. Embrace lifelong learning considering the vastness of law as a discipline. Constant updation is sine qua non .Go for additional qualifications to hone skills .There are no shortcuts in this profession. Always uphold integrity.
Lastly, frequent interaction with peers and legal professionals is a fruitful idea as
It provides both guidance and opportunities in the profession.
Can you share some insights into your journey in the legal profession and how you decided to specialize in dispute resolution, particularly in areas such as arbitrations, insolvency, and regulatory practice?
Being the fourth-generation lawyer in a family of reputed criminal lawyers, it was clear that I will build my career in dispute resolution. During internships at various prestigious law firms in Delhi, I had the opportunity to work in various areas of practice in litigation, including Arbitrations, Company Law and Securities Law, which eventually opened new horizons for me. I began to realise that with increasing tribunalisation and diversification of the legal field, one cannot have a short-term vision. I believe that in our legal profession, initial three to five years are most crucial for self-development and therefore, in order to gain as much practical exposure as possible in my initial years, I ventured in all practice areas by associating with senior professionals specialising in different areas like Civil Trials, Company Law, Arbitrations, White Collar Crimes, Telecommunication Law, Electricity Law, Securities Law, Service Law and Constitutional Law.
You have extensive experience representing clients in various high-profile cases before different courts and tribunals. Could you highlight a case that you found particularly challenging or rewarding, and what lessons did you learn from it?
Many of the cases, argued by me, have been widely reported by news and legal journals, ranging from landmark judgments in Arbitration, Insolvency and Commercial Law issues to the judgments granting bail in Delhi Riots case and establishing the principle that ‘holding weapon is not a fundamental right’. I have worked on numerous high-profile cases, including those involving leading FMCG companies, real estate developers, hospitality group, electricity transmission cos., 2G spectrum allocation trial proceedings, challenging constitutionality of provisions of Companies Act, as well as cases related to SFIO, EOW, ED prosecutions involving hundreds of crores, and SEBI and FEMA violation cases. Each of these cases has been a different learning experience, particularly, in forming strategies to build the case in a manner that achieves the desired relief.
I always believe that litigation is akin to a game of chess where you must anticipate three to four steps of your opponent’s preparation accordingly. With time, I have also learned the importance of identifying the “fulcrum of the case”, that one crucial point in the brief around which the case needs to be built. Proficiency in drafting and research is invaluable in devising the right strategy. However, it’s important to emphasize that in my philosophy, I do not discriminate between cases or compromise my level of commitment based on factors such as monetary value or property valuation, or the stature of the individual / organisation involved.
Your career includes handling SFIO, EOW, ED prosecutions involving hundreds of crores and SEBI and FEMA violation cases. How do you navigate the complexities of economic offences and regulatory issues while dealing with such cases?
I have handled economic offences, regulatory violation proceedings and white collar crimes ranging from alleged Ponzi Schemes to alleged manipulation of accounts, incomplete disclosures to regulatory authorities and the 2G spectrum allocation process, where the alleged quantum is in multiples of hundred of crores based on initial investigations., These cases are unique as they require an understanding of accounts, commercial law, criminal intent and ultimate loss or injury caused. Additionally, one must gauge the aggrieved party’s nature of loss or injury caused and accordingly analyse the case. When representing clients in such cases, I adopt the simplest approach of assuming the client is placed at the weakest point and start self-questioning regarding the alleged act as presented, level of involvement shown, possible intent and natural consequences or repercussions on others as well as on the client.
Having worked with various senior advocates and legal luminaries, how has that shaped your professional growth and influenced your approach to legal practice?
In the past 16 years, I have been fortunate to work closely with many legal luminaries, senior advocates, namely Mr. Mukul Rohatgi, Dr. Abhishek Manu Singhvi, Mr. Sudipto Sarkar, Mr. Amit Sibal, Mr. Amarjit Singh Chandhiok, Mr. Dhruv Mehta, Mr. Neeraj Kishan Kaul, Mr. Arvind Nigam, Mr. Ashwini Kumar Mata, Mr. Mohit Mathur, Mr. Vikas Pahwa, Mr. Tarun Gulati, Mr. U.K. Chaudhary and my mentors Mr. Meet Malhotra, Mr. Vivek Kohli and Mr. Sumeet Pushkarna.
From my interactions and close work with all these respected senior advocates, I have learned that one must be a master of the facts of their brief. The entire facts, pages and interconnection of different documents must be mapped in your mind so clearly that you can anticipate the questions from the Bench and opponents and be ready with references in the case file instantaneously. While arguing in Court, you cannot leave grip of the facts because sometimes, you need to frame the argument thinking on your feet. Clarity of thought while preparing the case and explaining the case or arguing in Court is the most crucial aspect to be learned.
You have worked with government departments such as the Central Government, State Government, departments like Delhi Electricity Regulatory Commission, Delhi Transport Corporation, Delhi Jal Board, Employees’ Provident Fund Organisation. How has your experience with these government bodies influenced your approach to handling cases and managing client expectations?
Working with Government Regulators and Departments has been an enriching experience for me. I have had the opportunity to handle a variety of issues, ranging from defending constitutionality of Acts / Rules / Regulations to defending discretion in approvals, licensing, allotment of tenders, as well as intent and implementation of policies & schemes and also dealing with service law related issues.
Being a government lawyer is a position of utmost responsibility. It requires careful handling of confidential files and also defending executive actions, each of which is taken after detailed deliberation and approvals at different levels within the concerned department and ministry. I must commend government departments for their diligence in adhering timelines granted by Courts for preparation of pleadings or compliance with any interim or final decisions. In recent times, government departments have significantly ramped up recruitment of legal officers, leading to an overall improvement in case management at departmental level.
As an Advocate-on-Record with a significant presence in the Supreme Court, could you share some insights into the dynamics of presenting cases before the highest court in India? How do you approach advocacy in such a distinguished forum?
As an Advocate-on-Record, when filing pleadings or presenting cases before the Hon’ble Supreme Court, it is paramount to be thoroughly knowledgeable about the subject matter of the case. Being well-read extends beyond understanding the legal issues at hand, it also entails being familiar with judicial precedents and legal developments pertaining to the relevant statute.
The Hon’ble Supreme Court plays a pivotal role in the ongoing process of evolution of law, adapting to changing societal norms and refining legal complexities. This includes redefining principles of bail, fundamental rights, shaping jurisprudence of economic offences or commercial laws. Therefore, it is imperative to possess a strong foundation of legal knowledge when assisting the Bench.
Considering your extensive experience, what advice would you give to law graduates who are entering the legal profession today, especially in terms of specialization and adapting to the ever-changing legal landscape?
As I mentioned earlier, the initial three to five years in the legal profession are extremely crucial for professional development. Certain good practices, such as reading judgments, if cultivated since the beginning, prove invaluable in the long run. When I refer to “reading”, I don’t mean merely skimming legal news or excerpts of judgments available on various portals but reading the entire judgment – the original text.
Learning should not be confined to assignments alone. It’s only when you immerse yourself in reading and compiling research subject-wise that you can not only identify your areas of interest but also be well-prepared to adapt to the ever-changing legal landscape in any field of law.
Could you please share with us the pivotal moments or experiences that led you to pursue a career in law, particularly your journey from your undergraduate studies at National Law Institute University, Bhopal, to earning an LL.M. from Cornell Law School?
I just went with the flow and ended up where I did. When I was in school, I was very sure that I’ll be studying English Hons. in Delhi University. Most of my classmates in school were heading to DU and I felt like that is where I want to be as well. But I cleared CLAT and allowed myself to be talked into studying law – and boy, am I glad I did! Although I was quite average academically, the five years I spent at Bhopal were very fulfilling. The decision to apply for Masters was also one without a lot of planning behind it –I was in the final year of my course, I had no job and I had no idea what I wanted to do. I made a last minute decision to apply for LL.M.. In fact, some of the admission deadlines for colleges had already passed by the time I got around to applying. My LL.M. year was very enriching and I thoroughly enjoyed it.
As an Advocate-on-Record at the Supreme Court of India, you have a diverse range of experiences, including representing political parties and government departments. What motivated you to specialize in areas such as commercial law, service law, constitutional law, and election law?
I like the variety that comes with being a practising advocate. I did not deliberately choose these practice areas, most lawyers don’t get that choice– at least not initially when you’re starting out. You say yes to all kinds of work. For me, this diversity is what keeps the work exciting and interesting.
During your time at Cornell Law School, you served as an Associate Editor for the Cornell International Law Journal and as a Researcher for the Center on the Death Penalty Worldwide. How did these roles shape your perspective on the legal profession, and how do they contribute to your current work?
My work as an Associate Editor for the Cornell International Law Journal felt like a natural extension of my work at the NLIU Law Review when I was in Bhopal. I had been a part of the journal since the first year, and continued up till my final fifth year when I was effectively in-charge of the Editorial Board – Content Review. At CILJ, I had an exposure to how much more professional these journals are; you work on tight deadlines, the articles and publications are by well-known academics, the editing is strict, the citations must always be as per the Bluebook. I feel like my editing experience helps me write and draft better. It instills an ability to discern good writing quickly.
My time as a Researcher with the Death Penalty Worldwide was shorter. I felt like I had taken on too much, what with all the credits and extra-curricular activities, and could not continue it for longer.
Drafting and researching constitute a big chunk of my professional responsibilities, so I’d say, yes, these experiences definitely help me now.
From your extensive internship experience, including working at Parekh & Co., Amarchand & Mangaldas & Suresh A Shroff & Co., and others, which experiences had the most significant impact on your development as a legal professional, and how did they influence your career choices?
I did not do as many internships as some of my classmates and colleagues. But from the ones I did, I got a fair look into the workings of litigation chambers, litigation law firms and corporate law firms. I also got to work with an Intellectual Property Rights team, specifically the patents team of a law firm. Through these experiences, I realised that (A) I’m probably better suited as a litigating lawyer over a transactional one, and (B) I’d rather work with a small team of a few colleagues than with a large team of people. The internship experiences brought that clarity at some point.
You’ve been involved in varied cases relating to Constitutional matters, and also many election disputes involving RP Act, symbol order etc. Can you share a specific case or experience that challenged you professionally and how you navigated through it?
I think each case is a new challenge in itself. I cannot think of anything specific at the moment but I am looking forward to a few 7-judge bench matters that are scheduled to be listed where I am involved as the Advocate-on-Record.
What made you decide to take the New York Bar Exam? Have you had the experience of handling cases before US Courts as an Attorney and Counselor-at-Law in the State of New York.
Most international students in my LL.M. cohort were very keen on taking the New York Bar Exam. On finding that I can easily fulfil the eligibility requirement by taking certain credits from a list of a few select courses, I decided that I will also take the exam and see where it takes me if I pass. I was open to exploring work opportunities outside but I didn’t know what kind of law I wanted to practise.
I passed the NY Bar, but I came back to India soon thereafter and joined the litigation chamber of an Advocate-on-Record. The NY Bar qualification is now just an embellishment on my CV. My feet – and practice – are firmly planted in the Supreme Court of India.
Lastly, considering your rich and varied experiences, what advice would you give to recent law graduates who are embarking on their legal careers?
There is no straight line to success and everybody’s experiences are different. Don’t compare your path to others’. Stay motivated and stick it out. Showing up is half the battle.
Could you share a bit about your journey into law and how you decided to pursue it as a career, especially with your educational background at National Law Institute University and Symbiosis Law School?
My father played a significant role in guiding me to pursue law considering my personality. Then, I was always keen to pursue law since my school days and at that time law was not sought for profession as it is now. We did not have CLAT in the year 2003 and had to fill up individual forms for each college. I was fortunate enough to get through B.A.LL. B course in Symbiosis Law School, Pune. I was inclined for post graduate education and thereafter, I appeared for CLAT LLM and I got through National Law Institute University, Bhopal. It’s a wonderful experience to independently live in a hostel which makes you a confident individual to deal with every situation in your life without the support of family. I not only got to polish my legal and individual skills at the law schools but also got to make great friends during both the courses who are budding colleagues and make the legal practice feel like home.
You’ve had a diverse experience, from working in top legal firms to founding your own practice at Samaya Law. What inspired you to take the entrepreneurial route, and how has this journey been for you?
I am thankful to all the law firms, their partners, and senior advocates who I worked with through my journey. I got immense experience and guidance from them which helped me build my independent practice. Since beginning, I always wanted to have my independent practice as it gives a sense of accomplishment to me, however, working in a firm setup can be equally beneficial considering the fact that the initial few years of independent practice take a toll on you mentally and financially. I was lucky enough to have my own set of clients who trusted in me and helped keep afloat in initial years of practice which is significant to keep you going. The journey of independent practice is full of peaks and valleys as its both demanding and rewarding profession. You have a thrill of victory which is unmatched and gives you a sense of pride and satisfaction and doing public interest litigation can give added satisfaction by making a difference in the lives of people. The downfall being the stress and expectation not only towards yourself but also to Clients and Judges. However, this profession can teach you resilience, perseverance and the importance of hard work which makes you a valuable legal professional.
Your practice involves appearing before various courts and tribunals, including the and the National Company Law Tribunal and Supreme Court of India. Could you highlight a memorable or challenging case you’ve handled and the key takeaways from that experience?
After my stint with law firms, I started my independent practice and after a few years started our law firm Samaya Law along with my partner Sourabh Gupta, Advocate and we completed 10 years in June, 2023. We appear before all courts, tribunal across India. However, being based in Delhi gives an opportunity to physically appear before the Hon’ble Supreme Court and Appellate Tribunals. Although, now the Supreme Court also works on Hybrid mode which helps all the counsels across India to get remote access to appear and argue their cases. We recently argued a case under the maternity benefit act wherein the Petitioner was being denied maternity benefit as her contract with the government body had come to an end. In a landmark judgment, a three Judge bench of the Supreme Court in Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department & Others (17 August 2023) held that if a woman has worked in an establishment for 80 days, she would be eligible for full maternity benefits, even if such benefits exceed the term of contract. We also made a significant petition for post-graduate doctors during the COVID-19 period when they were being sent across states for their practical examination as per National Medical Commission and Diplomate of National Board guidelines. The Supreme Court intervened and directed the NMC and NBE to conduct examinations within the state so that the post graduate doctors do not have to cross state as per directives of the government of India. This brought relief to more than 1 lakhs doctors who were appearing for the examination. Each forum has its own way of working, before the Supreme Court you only get 2-3 minutes to explain your brief at the admission hearing so you need to prepare your list of dates and synopsis thoroughly and be precise with your arguments on factual and legal aspects to catch the eye of the Judge.
With a significant focus on drafting and vetting petitions across different legal domains, could you share some insights into your approach to crafting effective legal documents and the importance of precision in this aspect of your work?
My advice would be to keep your focus on the facts of the case because facts forming part of the pleadings can never change and highlighting relevant facts of the case can bring life into a dead brief. It is crucial to draft pleadings that are short, persuasive, point blank and not overstated. It’s best to work on all kinds of pleadings before the trial court and High Court in the initial years of your practice which can be beneficial when you handle matters before the Appellate Courts and Supreme Court. Most part of building up a case happens at the trial court and if the pleadings are not drafted, covering the facts accurately can bring significant damage to the case as it becomes difficult to introduce new facts or legal grounds in support of the brief at appellate stage of the proceedings. The pleadings should ensure that all the relevant facts are covered on the issues to be framed and lead evidence on the said issues to support your case. In a case done by us the Hon’ble Delhi High Court in a suit (CS(OS) No.553 /2016 order dated 21.05.2019) dealing with recovery of possession of an immovable property and a counterclaim for recovery of over Rs. 5 crore had due to lacuna in the drafting and not claiming the relief for recovery of possession made an observation “This is a classic textbook case of, how not to draft a plaint, which should be taught in law colleges and to young lawyers so that such bloopers in drafting of pleadings, damaging to one’s own client, are avoided.”. The pleadings have to be factually fortified and legally formulated to bring forth your best case.
Having engaged in extensive research across civil, criminal, and commercial laws, could you discuss a specific area of law that you find particularly intriguing or challenging, and why?
The latest insolvency and bankruptcy code, 2016 has brought a fresh dimension to the insolvency law including bringing new questions of law which need to be answered both by the Lawyers and Judges. The fact that the code has been modified five times in the last five years including several judgments which have been passed by the Hon’ble Supreme Court itself shows the way it is evolving and which makes it challenging. The IBC is a significant reform and its successful implementation can bring resolution to the stress situation in the country’s financial system. We constantly support the Insolvency Resolution Professionals and companies on advising them on the intricacies of the Code and its implementation.
Your involvement in arbitration, both domestic and international, is notable. Can you share a bit about your experiences with arbitration cases and any unique challenges or differences you’ve encountered in handling international arbitrations?
With the introduction of Arbitration and Conciliation Amendment Act, 2015 the arbitration proceedings must be completed within a time bound manner and which has brought drastic improvement in the overall process of arbitration. The constant queries of the clients as to the time limit within which dispute would be resolved has been answered by way of the said amendment and also by bringing in Schedule IV with the amendment of 2015 the fee being charged by an arbitrator has been regulated making the whole process efficient and cost effective for the client. Thus, we advise clients to keep arbitration clauses in the agreement so that the disputes, if any, can be resolved in an efficient and timely manner. However, it is particularly important where the parties (or their assets) are in different jurisdictions or where the disputes might give rise to complex and technical issues. We recently did an international commercial arbitration under the ICC rules where the seat of arbitration was Narobi, Kenya. The arbitrators in such arbitrations are chosen by the arbitration rules which provide for a method of appointment of arbitrators in case the agreement does not name the arbitration. The cost between a sole arbitrator and three arbitrations can vary considerably in international arbitration including the efficiency within which arbitration can be completed as there is lesser need for coordination between the arbitration. However, high value and complex arbitration would be better with the panel of 3 arbitrators as they can give more insight into the decision-making process. The timelines set in the international arbitrations are strictly adhered to and any deviations are subject to high cost awarded against the defaulting party including closing their rights if no reasonable reasons have been given by the parties. In choosing the seat of arbitration, the parties should consider the effect that this might have upon the conduct of the arbitration and the potential enforceability of the ultimate award and selecting a state which is party to the New York Convention as the seat of any arbitration, provides parties considerable scope for the enforcement of their awards.
Given your wealth of experience, what advice would you offer to law graduates who are just starting their careers in the legal field? What key lessons have you learned that you believe could benefit those embarking on their legal journey?
I would advise all the young graduates to learn the basic skills of drafting and research in their initial years along with arguing matters before the courts whenever they get an opportunity. The key would be to accumulate as much knowledge as possible from your seniors, arguing counsels and observing proceedings before the courts. In addition, always keep yourself abreast of the times by reading the latest judgments and updates of law in every field. Always be nice to your opposite side, you will have to face them every day in court and not the clients. Never lie to the court, better lose a client than your respect and trust before the court. Lastly, always take care of your health and follow stress management by having work life harmony.
What prompted you to choose Law? Did you always want to take Law as a career?
Law was not my first career choice. While in school, I maintained a persistent good grade and was expected to prepare for engineering entrance examinations while pursuing my 10+2. I had never really been only into academics from the early start and was therefore also pursuing vocal music, kathak and karate competitively during the time. A major reason why I started looking for options other than engineering has been NCC though. I had been in the Army wing of NCC in my VIII and IX std. when I participated in the Republic Day Parade in Delhi; after which, I participated in the Senior Wing of Air Wing in my XI and XII std. and received a ‘C’ certificate and was also chosen as the Main Flier for the MP&CG contingent in Vayu Sena Camp. All of this led me to consider Flying as an alternate career option. My parents were not particularly keen on this and as a result, this was deferred till my graduation. I had started exploring other options though. Some of my friends who were preparing for CLAT suggested that my aptitude is better suited for law and so I prepared for the CLAT entrance intensively for a month and got through NLIU, Bhopal.
While pursuing LLM, you appeared for the JAG exam for the Navy and cleared all the stages. What special effort does the JAG exam require? How did you manage to make out time for both? Would you like to suggest a few tips for its preparation?
The entrance examination for JAG was during the first month of the LL.M. course and GNLU was accommodating enough to give me academic leave for the 11 days that I stayed at the SSB centre. Since it was the start of the course, I did not have to juggle two things simultaneously.
I was recommended for JAG and cleared the medical tests in my first attempt. I liked the experience of the 5 day SSB exam process because, in my opinion, it is one of the few entrance tests that does not promote rote learning and tests the aptitude of the candidates. Some people prepare for it through coaching centres etc. but I don’t think it is necessary. It is adequate to have a thorough knowledge of the various tests and activities that are conducted in the 5 days. The preparation for written tests can be done through any basic book of preparation for SSB (I read Arihant) and the aspirant must have a minimum level of physical fitness to go through the physical tasks of the examination. Having a basic knowledge of the composition and working of the Defence forces is usually very helpful, and having certificates in NCC and sports competitions is an added advantage. Over-preparedness does not help as the tests are structured in a manner to test the aptitude of the aspirants.
Do you think TA-ship is important in the LLM programme? How was your TA-ship experience? What was that one learning experience in your TA-ship that you’d credit to have shaped your career and your current role?
Yes, I think TA-ship is extremely important in the LL.M. programme, especially for students who want to take up academics as a career. I did my TA-ship under Dr Jagadeesh Chandra, for Law of Evidence classes in GNLU and had a wonderful experience learning about various teaching pedagogies in theory and then seeing him use them in his lectures later. It was his style of interacting with students in an open, relaxed atmosphere and actively engaging in discussions with them, that made me understand the importance of having a mentor and not just a subject-teacher in the life of a student. I have tried adapting a similar role when I am assigned a class to teach or a group of students to interact with, in any other official capacity.
PhD is all about extensively researching in the chosen field and gaining an insight into the subject. What new things and skills did you develop while pursuing your PhD? How strenuous was clearing the PhD entrance exam of NLIU?
I slightly differ on the view that a PhD is all about researching and gaining insight into a particular topic. Of course, extensive research has to be done even before a topic can be finalized and by the time a thesis is submitted, you have considerable insight into the topic of your research. But there are a lot of other skills learnt. During the course work, we learn a lot about quantitative methods of research which is not covered adequately even during masters. We learn about various statistical, citation and referencing and content-correcter tools. Since every draft is revised and corrected several times before it is finalized, it results in not just better research skills but also far better legal writing and articulation skills than we started with. Most importantly, you learn to be patient with yourself and the people around you since everything cannot be controlled directly, and you learn to work with long-term goals. For a lot of us who had already started teaching for some time before starting our PhD, the coursework period especially presents an excellent opportunity to refresh what is it like being a student and knowing their expectations, learning obstacles and preferences, from a first person’s perspective.
The exam is honestly not very difficult if you are in touch with the basics of law. When I gave the entrance exam for NLIU in 2018, there were 3 subjective papers for Research Methodology, Constitutional Law and Jurisprudence. Since I was also preparing for UGC-NET at the time, it was not very difficult to prepare for. This was followed by a small interview session where the panel asks questions to know the proposed area of research and how the applicant plans to go about it.
Srishti Chaturvedi
You have observed students very closely and from different perspectives by the virtue of being in different roles. How would you describe the modern era student’s mindset? What improvements do they need in their day-to-day activities to help them succeed?
I think students today are extremely smart and informed, they know a lot more than we did in our graduation days. However, I also think the competition of getting successful, more and faster, than their peers is making a huge dent in their emotional well being. To study law and build a career in the middle of a pandemic, only adds substantially to this pressure. I have worked with Jagran Lakecity University, NLIU Bhopal, DNLU Jabalpur and now at RNTU in 4 years and I have found one thing which is common in all the students irrespective of all the other differences, that they are under a lot of pressure and most of them are not coping well with it. I cannot emphasize enough how important mental and emotional well being is, to succeed not just in life generally, but also in one’s profession specifically; everyone should make this an utmost priority if they want any kind of success in life.
I don’t think that the students require a lot of tips about succeeding academically, except that they should be open to all kinds of experiences that the course offers. They should take up extra courses, write research papers, moot, participate in MUNs, present papers, become part of various committees and clubs, and intern in different places till their third year at least. This will help them discover what they like and what they want to do after graduation. The efforts of the next 2-2.5 years can be streamlined accordingly.
You also started working as one of the founding members of CAN Foundation’s blog ‘Vedanam’ and later, as an Executive committee member of the Foundation itself. Can you tell us a bit about your role at CAN? What all responsibilities did you have?
My role as an Executive Committee member is primarily to focus on the execution of the 2 flagship scholarship programs of CAN- ‘Eklavya’ and ‘Dhananjay’. I work with the student committee of CAN from the inception of the project. We set the minimum eligibility criteria to apply, invite applications from meritorious students, go through hundreds of applications and sort them meticulously while also verifying their documentation. Thereafter, we have multiple rounds of meetings with the scrutiny committee and selection committee to finalize the names of the scholarship awardees. The whole process takes a lot of time and organization and cannot be done without the hard work and consistent efforts of the student committee members of the Foundation and the able guidance of Mr Siddharth R. Gupta,(CEO, CAN Foundation). Going through various applications of students who are extremely meritorious even while facing all kinds of financial hardships, since the last 2 years, has further encouraged me to realize my privilege and set long-term goals through which I can contribute back to the community in any form.
Can you tell us a bit about your current work and role? What do you plan to achieve next in your career trajectory?
I am currently in the final stages of completing my PhD thesis, and will probably be submitting it this year. However, I kept thinking I wanted an opportunity to do something different and most importantly, I wanted to be back in a classroom. So, I have recently joined as an Assistant Professor of Law in RNTU, Bhopal. My job profile includes teaching UG and PG classes, working on administrative rebuilding and cohesion and working with the local community as the Legal Aid Cell in charge through various projects of the University.
My sole aim for my career this year is the successful submission of my PhD thesis. I have been wanting to be an ‘Author’ of a book for some time, but the plan keeps being postponed due to some reasons. So after my PhD, I plan to write a book sometime soon. Working at DNLU made me realize I like taking up administrative responsibilities as much as I like teaching since I was also the Warden, the Faculty in-charge of the Legal Aid Cell and some other committees as well; so I would like to take up roles where I can work more in administrative capacity along with working on my classroom teaching skills.
What would be your parting message to our young readers?
My message to the readers, especially students, is to not be too hard on yourself. Read as much as you can, and not just about law, watch good movies, participate in competitions, create a lot of good memories with your friends and take utmost advantage of the facilities and opportunities offered by the University. The time, resources and opportunities that are offered during the 5 years of law school will not come again and they should be experienced accordingly. Everyone succeeds at their own pace, and as redundant as it sounds, every person should only compete with themselves. Someone might get a PPO in 4th year while you may still be giving interviews post-graduation, but that is okay. Someone might select the field they want to work in the first go, while you may have switched 2 fields already and are still not sure about what you want to do, and that is okay. Keep learning, keep exploring, keep working and take adequate breaks to breathe between all of this. Things will start falling in place one after the other.
Abhinandan Mishra graduated in law from NLIU, Bhopal, in 2006. After working as a PO in SBI and as an officer in the Indian Navy, he moved to journalism in 2011. He has worked as the state correspondent for New Indian Express in MP and CG. His expertise is investigation, internal security and political parties.
In this interview we speak to him about:
His time at NLIU
His passion for journalism
His diverse experience
How would you like to introduce yourself to our readers?
I am a journalist with the Sunday Guardian, who did law from NLIU Bhopal.
What makes the NLIU experience different from other institutions?
It will be unfair to compare one law school with the others but what I fondly remember about NLIU, Bhopal is the natural surrounding that surrounds the campus. It is perhaps the only law university that has three dams and one reserved forest area within a radius of three km of the college campus.
In your opinion, what are the law school centric activities that you would recommend as necessary experiences for every law student?
I never participated in moot. The one thing that a student should try to focus after entering any law university is developing his or her social skills, read a lot of books, fiction, non-fiction whatever interests the individual. Also try to write articles, opeds and get them published. If you are not able to publish it in a newspaper or a journal, publish it on your own blog. This exercise will help you immensely in countless ways during your college and also when you graduate.
Growing up, did you have a mentor?
There were many people who have motivated me to do things at various points of the life including my parents, some of my batchmates, a couple of my seniors and one professor.
Your career started at SBI, where you were a PO. How did the drastic shift happen from there to the Indian Navy?
When I graduated in 2006, the first job that I got was in Doha, Qatar with the Qatar Tribune where I was selected on the basis 150 plus articles that I had written and published in national dailies. After I came back, I started preparing for UPSC. However, I could not clear it and during that period I got into SBI as a PO and from there I moved to the Indian Navy in the JAG branch. However, ultimately I got back into journalism. It was in 2011, when I was 28, had worked in six different roles and places, that I finally decided that it is journalism, where I will retire from, hopefully.
What motivated you towards journalism?
The fact that the words that you write can bring in a change , in the society and in the life of individuals.
Did you have to undertake any additional educational training in order to pursue journalism?
No, I did not. Like every job in journalism too, if you have the heart in it, you will be able to do okay provided you are flexible in your approach and do not shy away from learning and reading about everything under the sun as a journalist is expected to know something about everything.
Give us a brief capsule of the life of a journalist and your average working day experience.
I cover internal security and political parties and my average working day consists of talking to ‘sources’, who are nothing but normal people and meeting these sources to dig out a story or to develop information that I already have. During this average working day destiny will present you the opportunity to speak to union ministers and also to most wanted terrorists.
What is your message to our readers?
College is the time when one should explore everything and do a bit of everything. It is the time when responsibilities are few and you are allowed to do things which may look illogical or may go against the herd mentality. Develop your passion, however, small it may look to others. Do not worry about a job, eventually you will land up with a reasonable job if you are street smart and have common sense and it is these two things that no college teaches you but you have to learn it yourself.