Starting from your first role in 2008 at Khaitan & Co., you’ve built a legal career that bridges traditional law and cutting-edge technology. What mindset shaped this journey? My journey has been one of deliberate growth — from shadowing senior counsel during internships to advising boards on privacy and AI. At NLIU, I learned discipline and legal craftsmanship. Assisting senior counsel before the Supreme Court taught me the value of precision in advocacy.
Joining Khaitan & Co. in 2008 gave me exposure to private equity and M&A, where I realized law can enable growth, not just mitigate risk. These experiences shaped my approach to law as a living system — not merely a set of rules.
“Every deal, every court brief was a rehearsal for the lawyer I was becoming.”
You pursued an MSc in Law & Finance at the University of Oxford in 2015. How did this experience reshape your perspective on law, business, and technology? Oxford was transformational. The program pushed me to think like a policymaker and strategist, marrying systems thinking with economic foresight. The admissions process itself forces you to ask: Who are you, and what will you change?
At Oxford, I realized law is not just about resolving disputes — it’s about designing fairer futures. Today, whether drafting cross-border data policies or shaping ethical AI frameworks, I rely on those lessons — precision, foresight, and human-centered thinking.
“Oxford didn’t just open doors. It reshaped how I walk through them.”
After Oxford, you joined Baker & McKenzie, London, in 2016, working on complex cross-border deals. How did this prepare you for tech law challenges?
Baker & McKenzie exposed me to multi-jurisdictional transactions involving data, competition law, and tech-driven businesses. It refined my ability to integrate legal advice with commercial strategy — a skill that remains critical in regulatory leadership.
“Global deals teach you that law is not just local compliance — it’s about harmonizing rules with vision.”
With the Digital Personal Data Protection Act, 2023 (DPDPA) reshaping privacy frameworks, what should businesses focus on?
DPDPA 2023 introduces a consent-first, rights-driven approach. Businesses must embed privacy into their DNA. The Business Requirement Document on Consent Management becomes crucial — translating legal obligations into features like granular consent, revocation, and audit logs.
For SaaS companies, compliance means building privacy into product architecture from the start — not bolting it on later.
“Under DPDPA, privacy is no longer a checkbox. It’s a design principle.”
AI regulation is evolving fast. How should SaaS companies approach permitted AI usage?
Permitted AI usage means innovating responsibly — ensuring data processing aligns with consent, purpose limitations, and ethical safeguards. For SaaS, it requires documenting use cases, maintaining risk registers, and conducting ethical reviews before rollouts.
“Permitted AI usage is about proving that innovation respects rights, not just scaling technology.”
You transitioned from law firms to leading compliance and privacy in-house. How did this shape your leadership style?
Law firms were my training ground, but moving in-house allowed me to build rather than just fix. At CoinSwitch and later at Dun & Bradstreet, I became a translator between risk and vision — operationalizing DPDPA and IT Act obligations into workflows teams could implement.
Leading cross-border teams taught me that leadership isn’t about authority; it’s about making people feel safe, seen, and inspired.
“You can’t lead well if you’re afraid of being disliked. Courage creates clarity.”
Aligning compliance across India, Singapore, and European markets is challenging. What worked for you?
The key is balancing speed with regulation. At Dun & Bradstreet, we operationalize DPDPA alongside Singapore’s PDPA while maintaining agility. The secret lies in simplifying complex regulations into actionable steps and keeping regulatory reporting both consistent and efficient.
“Regulatory leadership is about keeping law human.”
You’ve faced curveballs in high-stakes environments. How have they shaped you?
I’ve seen strategies falter and negotiations stall — not because of effort, but because the environment changed faster than expected. Each curveball wasn’t a setback; it was a reset that made me sharper.
Examples:
In a cross-border M&A deal, cultural misalignment nearly derailed progress. Listening and adapting saved the deal.
During a privacy review, spotting gaps in vendor contracts early prevented regulatory risk.
When developing a consent framework, simplifying it through user-centric design improved adoption across teams.
“Curveballs teach you to anticipate change, stay agile, and turn challenges into frameworks that drive long-term success.”
What do recognitions like being featured in prominent legal rankings or industry awards mean to you in terms of your professional journey and leadership?
These awards reflect consistency and relevance. They’re not destinations; they’re mirrors reminding me to stay adaptive, curious, and innovative while empowering the teams I work with.
“Careers aren’t built in boardrooms. They’re built in quiet moments of reflection, persistence, and refusal to be ordinary.”
You lead Regulatory, Legal & Compliance across India and Southeast Asia. How can a lawyer carve their path to becoming a DPO while managing these broader responsibilities?
Being an effective DPO while leading regulatory, legal, and compliance functions means more than knowing laws — it’s about embedding privacy into the company’s growth strategy.
At Dun & Bradstreet, where analytics power decisions for enterprises worldwide, the DPO role is integral to building trust while enabling innovation.
What works:
Deepen expertise in privacy (DPDPA, sectoral laws, cybersecurity).
Embed privacy into processes, not just policies.
Work across teams — legal, product, engineering — to align compliance with agility.
Learn from real challenges, such as mitigating risks in cross-border data flows.
Keep learning and stay visible through certifications and thought leadership.
“A great DPO doesn’t just enforce compliance; they design trust that drives the business forward.”
What’s your advice for young lawyers entering privacy and tech law? Pick a niche — privacy, SaaS, fintech — and go deep. Master laws like DPDPA 2023, the IT Act, AI frameworks, and client-facing SEBI regulations. Pair this with an understanding of how technology works, and share your insights through writing and forums.
“Expertise is built when curiosity meets consistency.”
You’ve handled billion-dollar deals and privacy decisions impacting millions. How do you stay grounded?
Balance is intentional. Strong mentors and high-performing teams keep me centered. High-stakes work demands clarity that comes from preparation and purpose.
“Balance isn’t slowing down. It’s designing rhythms that let you accelerate without burning out.”
Final Words to the SuperLawyer Community
Law is evolving at the speed of technology. Even in an age of AI and SaaS, three things remain timeless: trust, clarity, and courage.
My journey — from NLIU Bhopal to Oxford (2015), Baker & McKenzie London (2016), and leading privacy across India & Southeast Asia, to being recognised in the Forbes India Top 100 Lawyers 2023 and Business World Legal 40 Under 40 — is proof that deliberate choices shaped by curiosity and resilience can redefine what’s possible.
“You don’t have to be fearless. You just have to move forward despite the fear — and build a brand that speaks for itself.”
Your journey from GNLU to Oxford seems fascinating. Can you share what inspired you to pursue law, and What challenges you faced along the way, and how you overcame them to achieve your current success?
First of all, thank you for this question! It takes me down memory lane instantly. At first blush, I would say yes, it has been an incredible journey really, especially after having sailed through a decade in the profession. My path to becoming an Advocate – on – Record (AOR) practicing at the Hon’ble Supreme Court of India has been indeed fascinating and exhilarating, starting from the initial seeds sown by my father {that his daughter would lead his counsel practice} to this day when I’m actually living my dream, quite literally!
With a family background deeply rooted in the legal profession, law was an organic choice. My late grandfather served in the Shah Commission as a Magistrate and my father followed his footsteps, but on the other side of the Bench. As a single child to my workaholic parents, I would come back from school only to see my father conduct client meetings in the outhouse make – shift chamber he had set up in his early years. Legal news (both print and media) would dominate daily dinner table conversations over the latest movie release. I was often asked to question, critique and debate every proposition or change that my parents had made in the house, right from the choice of vegetable to be cooked for dinner to a property to be acquired by the family. I came to fall in love with the law as such, almost even before I knew anything about the profession. Without me realizing, the law had become an integral part of my upbringing and I was nurtured in an environment almost normatively to have embraced the legal career subsequently. Therefore, despite my mother’s initial insistence (her being a Doctor) on pursuing sciences in school, I eventually turned towards being a lawyer. Though I studied science subjects at my Plus 2 levels, little did I know – destiny had other plans for me…..
I was the first CLAT batch, and successfully cracking the exam did open doors to several prestigious institutions in India. Gujarat National law University (GNLU) marked the beginning of an enriching five-year law school journey, with hostel life being nothing short of “transformative”, both personally and professionally for me. I made some wonderful friends, interacted with a bunch of brilliant teachers (William Sir and Jagdeesh Sir) and realized that I had to study with utmost focus and dedication to top my batch. This was the only way I could get placements and scholarships early on. I believe I truly became independent (having grown up as a single child who was now left to fend for herself) and adjusting (hostel does teach you a lot – share and care). Managing my own finances and daily expenditures, eating whatever was served in the mess (Mind you, Mohini Caterers did a wonderful job!), I navigated through the challenges of a typical law school life, striking a delicate balance between study, leisure, and extracurricular pursuits like mooting, conferences etc.
To sum up, my time at GNLU laid the foundation for my legal career, igniting a passion for the law, particularly in areas like practice and procedure. The prospect of courtroom advocacy became increasingly appealing, prompting me to veer towards litigation. The dilemma struck when I did top my batch, only to secure a pre – placement offer at a prestigious law firm in Delhi (the then Amarchand Mangaldas & Shroff & Co.)!
Having spent a few months at the firm, I realized I was made for the Courts perhaps! I felt under-utilized, having sat on a Rejoinder for almost 3 months. I began to miss my dad’s daily anecdotes, describing legal banter, having turned the wheels to head to Court. The allure of the courtroom drama where I got to witness the direct impact of my legal arguments on people’s lives fueled my desire to pursue advocacy and I began assisting my father’s Chambers (Rajive Maini Advocate). Before I knew it, I had transitioned from commercial / corporate law to litigation, and I could see my legal education translate into practical outcomes resonating with the masses instantly.
What was beautiful about my journey in hindsight was that I never planned a thing. While going up and down to Courts in New Delhi, suddenly my scholarship and Masters in law applications came through. Life took an unexpected turn and I landed at the United Kingdom, Exeter College on a full scholarship (my tuition fees and living expenses covered) to study at the University of Oxford. I was the only Indian student in 2014 who was independently sponsored by Dr. Harish Salve, Senior Advocate to pursue her Masters in Law at Oxford. Next blink of an eye and I reached The Hague (Den Haag), The Netherlands working at the United Nations Tribunal, all thanks to Professor Dapo and Judge Meron, my mentors from Oxford!
So, I would say, reflecting on this roller – coaster of a journey, while I may not have meticulously planned every step, I embraced each opportunity that came my way wholeheartedly. I believe the opportunities that I seized and grabbed with not only my hands, but also my heart and soul have led me to where I am today. Every twist and turn in my journey was instrumental in shaping my path towards being a practising lawyer, reinforcing my commitment to the profession and its impact on the society.
What inspired you to pursue becoming an Advocate on Record (AOR) and how did you manage to attract larger cases? Reflecting on your journey, what were some of the initial hurdles you encountered, despite your established legacy? How did you navigate through these challenges?
My father would often say to me “Aim for the Stars Shriya!” That’s precisely what I imbibed since childhood. When I was studying at GNLU, I had no clue about the existence of the Supreme Court Rules of Practice and Procedure, 2013 which govern the Apex Court corridors! Today, I run an AOR chamber practice independently and realize the growing importance of the specialized examination. I must proudly admit that it is one of the best decisions I have taken in my legal career to have cleared the AOR examination. AORship instantly transitioned my practice from trial court to the appellate jurisdiction – The Hon’ble Delhi High Court and The Hon’ble Supreme Court. The bigger briefs just seep in, as long as you are dedicated, talented and hard working. I was lucky to have transitioned into building an AOR practice during the pandemic (Covid – 19) since e-filing, online drafting, and virtual conferences wasn’t a facility every chamber was offering! With my father’s Chambers now handling high stake Supreme Court briefs with ease, I am an integral part of the drafting, arguing and soliciting process.
But first Credits please! – The main men who inspired me, apart from my father, to reach the Hon’ble Supreme Court corridors were Director Sir (Prof. Dr. Mohd. Salim, Director, Lloyd Law College, Noida); William Sir (Dr. Nunes, Gujarat National Law University) and Hon’ble Mr. Justice Sibo Shankar Mishra Sir, Orissa High Court who was then Advocate on Record at the Hon’ble Supreme Court of India. I shadowed under Sibo Sir as a mandatory examination requirement and I owe whatever little I have managed to achieve till date to these stalwarts.
Now, the biggest challenge really was passing the examination in one go! As one of the youngest AORs in the country, what impressed me most was the detailed approach the examination process followed. Spanning across four days with three-hour exams each day, it was indeed a rigorous test of theoretical knowledge and practical expertise. Despite my confidence, I found myself overwhelmed on the fourth day, a testament to the exam’s demanding nature. The subjects as such are not tough but pretty bulky, emphasizing on practical skills and theoretical knowledge – mentioning, urgent hearings, circulation, drafting etc. Supreme Court Practice and Procedure is one subject which requires a deeper understanding of courtroom dynamics and legal intricacies to sail through. So whether you have a legal legacy or not, the AOR examination I can safely say is NOT one plagued by the Uncle Judge syndrome, which is why maybe we just have about 5000 odd AORs in the country as on date! It is indeed an exclusive Chamber practice looked at with much prestige, both inside and outside the corridors. Procuring briefs and being paid handsomely was another challenge outright. Conventionally, clients preferred experienced seniors in the Apex Court corridor. Today, the trend has changed. Fresh Young blood is taking over and the Benches too are very encouraging to the younger lot of AORs.
I was lucky to have an inflow of some basic works when I became an AOR in 2019. Be it a simple matrimonial Transfer Petition or a Bail matter which had organically walked its way to the highest court on account of concurrent rejections, I did not let go of any work, even if it meant filing my Vakalatnama Pro – bono back then. I was hungry to learn work and I knew that each and every filing was bound to teach me something new, which would augment my knowledge and skills. So I kept patience and consistently worked up civil, criminal, debt recovery and insolvency briefs without batting an eyelid or being money hungry for big bucks in the Supreme Court corridor. As a younger chamber which had aggressively shifted towards e – filings and VC hearings during Covid, we were dabbling several courtroom links in a day. I had consciously decided not to take up a panel practice and I deliberately chose quality over quantity when it came to drafting and arguing my own Supreme Court briefs. I never hired a Senior Advocate and I filed, mentioned and argued my own matters. The Hon’ble Judges too were very encouraging to me as a young AOR and till date, they are. I have just had a Review Petition which was allowed in open Court, the Special Leave Petition having been restored. This was a first in my career since Review Petitions are a rarity in the Apex Court to even be listed for an open Court hearing. It was such a moment of pride for me as a young AOR. Today, I make more than enough money but the tip that I’d give young AORs is – RUN AFTER WORK, NOT MONEY!
Complex cases often referred to as “larger high stake matters” walked in organically after some months and those required meticulous examination of Ld. Trial Court records, and Hon’ble High Court decisions. Progressing through various tiers of the judiciary sharpened my legal acumen and transformed my gaze from that of an Advocate to an AOR (from factual analysis to intricate legal criticism). As one ascends to the Apex Court, the focus shifts towards critiquing the law, identifying gaps, and advocating legal reform – for instance drafting of Questions of Law! Constitutional Law, Administrative Law and Procedural Law become the subjects to swear by. My dad decided the Chamber would do Trial Court matters which as much zest as the AOR briefs for that would keep us firmly rooted at the grass root level. Justice was all I wanted to make popularly and easily accessible to one and all and before I knew it, I had successfully established an AOR practice at my Chambers, adding a brick more to the wall that stood tall, built by my father.
Could you share your transition from being an Advocate on Record (AOR), known for your strong passion for litigation, to delving into dispute resolution, particularly in the realm of arbitration? How did you navigate this shift, and did you find the transition as fulfilling as your experiences in the courtroom?
I’ve been fortunate to enjoy a diverse academic journey, majoring in International Crimes to International Commercial Arbitration – all at the same time! At University, more particularly Oxford in the United Kingdom while doing my BCL (Bachelor of Civil Laws – a master’s level taught degree course that retains the canon law name) I explored a range of subjects namely International Humanitarian Law, Crime and Commercial Remedies / Arbitration. Even during my brief stint at Amarchand Mangaldas Law firm prior to my Masters (erstwhile SAM and CAM) I was working with the Arbitration and Litigation Team. We were actively involved in a Mozambican – Indian govt. railway contractual breach issue and at concomitantly, I was also drafting a Rejoinder and an environmental law Writ Petition. It was this diversity which kept me engaged and motivated perhaps!
During your time at Oxford, you received recognition through various awards and scholarships, such as the Oxford Global Justice Award for Public International Law. Could you provide insights into some notable experiences from that period? Furthermore, how has your exposure to PIL at Oxford influenced your professional journey in India, and what aspects of PIL have you integrated into your practice?
While at Oxford, I was blessed to be taught by an amazing professor namely Dr. Dapo Akande who is a British-Nigerian academic and lawyer. Dr. Akande is the Chichele Professor of Public International Law at the University of Oxford, a Fellow of All Souls College, Oxford and co-director of the Oxford Institute for Ethics, Law and Armed Conflict (ELAC). He was the one who propelled me to apply for the said Award and during my tutorial sessions he ranked me the highest in class for I had boldly critiqued one of his articles published on the European Journal of International Law (EJIL) blog, a free and open platform curated by him on the subject. He taught me how to engage in scholarly discourse and this is how I ended up drafting my first ever Memorandum on Diplomatic Assurances while interning under Judge Theodor Meron at the Mechanism for International Criminal Tribunals (MICT) at The Hague, The Netherlands. For the benefit of Indian students, I even published the said Memo as a free read – https://blog.ipleaders.in/international-law-permit-deportation-assurances/
As the Global Justice Awardee for Excellence in Public International Law for the year 2015 – 16, I was most delighted when the Oxford Global Justice Committee 2015 offered to fund my clerkship at the Mechanism for International Criminal Tribunals (MICT), The Hague, beginning January 2016. I landed an opportunity to work under the most able and wonderful guidance of Judge Theodor Meron, President of The MICT, a new court of law that had been established by the United Nations to carry out a number of essential functions of the International Criminal Tribunal for Rwanda (“ICTR”) and the International Criminal Tribunal for the former Yugoslavia (“ICTY”) after the completion of their respective mandates, including, inter-alia others, handling appeals and re-trials, tracking the remaining fugitives and maintaining the legacy of both institutions, namely the ICTR and the ICTY.
As the first and only MICT intern then on board, I assisted the President and his staff on a variety of projects, which typically included drafting and reviewing assignment and sentencing orders; undertaking research on a plethora of legal propositions; due-diligence exercises; drafting minutes, notes and research memoranda; and fulfilling any other specific judicial functions of the Tribunal. Most often, my tasks, in terms of subject content spanned across issues pertaining to International Criminal Law, International Humanitarian Law and Public International Law. This not only made my work as a lawyer very fascinating but also, helped me understand how the aforementioned subjects really play out together in practice. Be it drafting memoranda on procedures for filing refugee claims or assessing the legality of deportations, I dabble in a comparative analysis of different jurisdictions (including the U.K., U.S.A. and European Court of Human Rights etc.) on a daily basis. This clerkship gave me an unparalleled opportunity to interact with legal luminaries and experts in Public International Law across the globe and learn the nuances and intricacies of international crime from the stalwart himself, Judge Theodor Meron. I truly believe that it is solely because of the support I received from the Oxford Global Justice Award and Dr. Dapo Akande, my Professor at Oxford University, that I was able to experience the incredible work culture at the MICT.
Upon returning to India, I integrated my newfound PIL knowledge into teaching as well as legal practice. Today, I do Bails for economic frauds of cheating, forgery and criminal breach of trust, besides the special laws (CBI / ED) with utmost interest! I am an Adjunct Faculty / Visiting Faculty for Supreme Court Practice and Procedure, International Criminal Law, Modern Laws of War, Human Rights and Women and Child Law at several law schools like Lloyd Law College, RGNUL Punjab, Renaissance Law Institute and NLU, Delhi. A pinch of academia really keeps me going I guess and most of my writ law drafts are sprinkled with arguments vociferously shouting PIL all over. It’s fascinating to witness how seamlessly applying foreign legal principles within the Indian context offers innovative solutions to complex legal dilemmas, paving the way for progressive legal reform.
Could you share insights into how you manage to balance these roles with such passion and energy? We’re keen to understand your strategies for maintaining high levels of energy and enthusiasm, especially considering the demanding nature of legal practice. Your ability to prioritize both your professional responsibilities and your dedication to helping others is inspiring, and we’d love to learn more about this.
Well, let’s start with this! It is a highly stressful job being an Advocate on Record at the Supreme Court of India, specializing in disputes ranging from Bails, Suspension of Sentences, SLP hearings, and Interim reliefs sought a propos Property and bank Recoveries. All the said work reeks of EMERGENCY at first blush! I would concede that I am a workaholic, putting in at least 12 – 14 hours a day at my desk in the office! I don’t take the Sundays off – I teach the law and interact / engage with students to keep abreast with legal drama unfolding across the country and globe! I verily believe I was made to serve people and get them justice. So my passion and energy stems from right there. Also, I love to sit on a table and crack a cross – examination in a rape case for instance with my father, till date. I enjoy every gush of the adrenaline rush a court hearing pumps in me so I make time to study the law, as much as I can.
However, I do recognize the importance of balance and self-care. I spend the evenings chatting with my parents and partner. My dad and I ensure that we do not discuss the law on the dinner table and we just choose to consciously laugh a lot, talk to as many people as we can, absorbing from the environment akin a sponge, keeping things in perspective. Till date, I draw my sense of self from my parents and not my work, and hence, I believe that I am bettering at my craft by the second! I try to ensure I have a priority list of works ready, with the office pushing out one legal draft a day. We file and argue cases daily, with a lot of homework being put in for days before the actual court hearing. As a chamber therefore, we enjoy a 99 % success rate I can proudly say! I’ve been taught to vigorously prepare for a courtroom battle and till date, I rehearse my arguments while bathing, sleeping and eating, literally living the law each second!
What advice do you have for younger or new lawyers looking to enter this field? What should they focus on and how should they approach it? Additionally, considering the importance of guidance and mentorship, what areas should they prioritize to ensure their success in this profession?
Firstly, be disciplinedI I make it a point to be in bed by 10:00 PM on a daily basis, aiming for lights out around 9:30 to 9:45 PM. I try to get a solid eight hours of uninterrupted sleep, waking up refreshed at 6:00 AM, ready to tackle the day ahead with my father, my mentor cum boss. As a younger lawyer, and more so a woman in her thirties (which I proudly embrace) getting enough sleep is most critical for staying sharp and focused all day long in Court. I read my case files in the morning and that works for me. So for all the new entrants, please party less and sleep more.
Another tip would be – Think out of the Box! I took up academia because it was easy money, came naturally to me (being an identified core strength) and I particularly enjoyed it in college, teaching my classmates. See what works for you! A lawyer struggling to build their practice with free time at hand can copy edit books, pen down legal books and commentaries, teach or even publish blogs and articles at first instance. These work strengths have today helped me draft well, to the extent that I am able to get Notice issued on the first hearing by the Hon’ble Court on the strength of my writing skills purely, without arguments having been heard!
Also focus on timelines / deliverables and do not sit overdrafts for days. With so many lawyers offering services in the market, it is essential that your drafting as a lawyer stands out in perfect English language and hits all the legal pointers. Therefore, legal research is another precarious cornerstone of my law practice. I’m committed to conducting a thorough research, drawing on my fondness for this aspect since law school days. If a junior struggles with research, I dive in myself, investing the time needed to ensure comprehensive preparation for I do not go to Court without a legal precedent on the point. Prioritizing this area I believe has ensured my success in the profession.
Lastly, I’d say do not get disheartened! Every day in Court is a new learning. Do not get affected by the scolding of a Bench or the dismissal of a Petition. Instead, hustle and find the next brief! Be a bit selfish and think about your work single handedly. It’s an entrepreneur’s life in a nutshell where we build our practice and sustain it. Right from being the Xerox guy to the chaiwala in the office, a young budding lawyer adorns many hats – draftsman (/woman), briefing counsel, arguing lawyer, recovery agent! So enjoy and love your daily work. TO sum up, dedication, consistency, patience, passion and diligence, besides a good support system are key during these periods of growth and these will make or mar your legal career, quite literally!
Could you please share your interests and hobbies? How do they contribute to your professional practice? Additionally, what advice do you offer to your mentees, particularly regarding decision-making in their legal careers, considering the diverse challenges they may face, especially in the post-COVID era?
Before I answer this question, I must fairly admit – I love spending time with my parents, partner, aunt (masi) and grandmother (Nani)! So all my free time, whatever little I get is consumed by my family essentially.
Now, let’s get to the question really. So, I have always been drawn to various forms of expression, whether it’s painting, learning French, public speaking / debating or engaging in sports during my school years. However, the demand of our legal profession often overshadows our hobbies and interests and hence, I try to find some time for myself (which honestly does get tough – Covid was a bliss and I did some rather interesting sketches which I’ve put out for you all to relish!) Till date, I enjoy sketching and painting (be it an oil or water base). I believe art helps relax. Besides, it pushes me to develop a sense of focus, adherence to deadlines while giving me a sense of fulfillment. Another exercise till date which I engage in since I became a lawyer was to seek daily feedback from my father – Advocate Rajive Maini. As my boss, mentor, guru and father, we engage in a delightful ritual post work, at the dinner table fondly playing our “barrister versus solicitor” game, whereas as a whimsical yet insightful exercise we assess daily chamber performance, teaching us how to improve with constructive feedback. We have other interns and associates in our Chamber as well, all working together as a team!
Additionally, as a woman in the legal field, I strongly feel that societal norms have altered and for the best. Women are no longer expected to leave their parents conventionally post marriage and set up another’s home! They can very much work with their own parents, take the family practice ahead, support their mother and father while building their own careers just like their male counterparts establishing their own family legacy! My partner who is extremely supportive of my erratic work schedule and travel commitments adjusts happily. Beyond my professional pursuits, I am very passionate about travel and learning French as a speaking and writing third language. Exploring different cultures and their legal systems has broadened my horizons and led me to explore newer jurisdictions such as Canadian law, off late.
To sum up, I’d leave the interview with this sole tip for young professionals to excel in their legal careers – Recognize and nurture your strengths. Do not force yourself into roles that do not align with your inherent abilities. It is crucial to identify and cultivate these talents (be it that of a solicitor or a barrister) rather than trying to fit into a mold that doesn’t suit you – like a square peg and round hole. Law school graduates usually have a clear understanding of their abilities, guiding their roles and assignments. For example, my early passion for moot courts shaped my entire career path as an arguing counsel. As strange as it may sound, today, I feel my best in a courtroom or a classroom! In law, there’s no one-size-fits-all approach. It’s about finding what suits you best. Whether you prefer intensive research at a prestigious firm, working as an in-house advocate, or even balancing teaching with legal practice, the options are endless
Hello, everyone! We are back again with SuperLawyer. Today we have senior advocate Harish Narasappa, Sir, who has graciously and humbly accepted our invitation to be here and tell us about his life journey, how he chose to become a lawyer and how he has achieved so much in his life. So, Sir, most welcome and thank you again for being here.
I would start with a very simple question and would love to understand how you started on your journey of choosing law as your career to becoming a senior advocate. And if you have faced any challenges, how did you come ahead of those challenges in your initial stages while pursuing law as a profession?
My journey with law actually started as an accident. I didn’t consciously choose law. During my 12th standard, the bundle commission report was implemented by the then Prime Minister V.P. Singh. Following this, there was significant agitation by various student groups, resulting in a couple of deaths and one student attempting to immolate himself. This deeply impacted me, prompting my interest in societal issues beyond science. Despite being a science student, a botany professor encouraged us to look beyond our textbooks and engage with societal issues.
This triggered an interest in social affairs and the potential impact of law. Coincidentally, the examination for that year was delayed, and I happened to write the entrance exam for the National Law School. The results were announced before those of the engineering and medical college entrance exams.
Instead of waiting at home, my uncle suggested I join for a couple of months. If I didn’t like it by then, I could quit and pursue engineering or medicine, he said. However, I ended up staying even after the other results were announced. In short, I initially joined law for a month, but I have now been in the field for nearly 30 years.
We would love to hear about your insights that you have gained through practicing law in both India and UK. What kind of differences have you seen or encountered in these two legal systems and the kind of jurisprudence that these two states or jurisdictions havenurtured for themselves?
In comparison, there are two or three points of comparison, right? One is the legal system, of course. But also in connection with how the legal profession is organized and because we started, you know, even when we were chatting before the formal interview about how do we train youngsters?
How do we train people who are just starting in the legal profession? How do we sort of help each other? How do we train each other? All these are important questions. And I feel that in India, we have not addressed these questions and if you ask me, the primary difference between the legal profession in England and the legal profession in India is the organized training and organized knowledge sharing that happens in the UK.
Primarily England, because I worked in London and not in other parts of the UK, but I had to go to London. And if you compare that to what happens in India. I mean, in India, there’s no organized system, right? You just pick up as you go on. If you’re lucky, you get seniors or mentors who will teach you the right things.
Otherwise, it’s just hit or miss in terms of which office you join. What you learn in court or whatever, nobody points you in the right direction. And there’s no continuing legal education in a formal fashion. Whereas in England, they’re a very organized set.
So I worked in a law firm for about four and a half years, between 98 and 2002. And the things that I learned there have stood me in great stead over these years. They’ve helped me a lot. For example, drafting. Simplicity in drafting, use of simple language is something that I learned in England.
And it gave me the confidence that you’re as bright as any other lawyer in the world. And with the right amount of training and the right focus on what to read, what not to read you can do much better. And the other thing that I learned in the UK is how do you transform a sort of non-legal idea into a legal document, so drafting a legal document, whether it’s an agreement or a plain or counter objections.
Or anything. How do you make it simple? And how do you get people to read it? So that’s it! The training that the English law firms, the training mechanism of the English law firms in particular and the English legal profession in general. The way they have instituted it, I think that is something amazing, and we have a lot to learn from that.
I think corporate law firms in India now have these mechanisms, but they’re still evolving. Whereas in courts and among litigation lawyers, there’s hardly any formal training. You’re expected to look, learn, and absorb.
That’s the primary difference. It also transforms the legal system itself. That kind of training and knowledge-sharing transforms into the legal system. The UK has a more predictable legal system compared to ours. We have a very dynamic legal system, to be kind to our own.
I feel there’s a lot we can learn from the English legal system in terms of organization and knowledge-sharing. The firm I worked for had almost all documents and opinions issued for 30 to 40 years available on their internal system. If faced with a difficult question and unable to find the answer among colleagues or in a textbook, all you had to do was look into the firm’s history, and you would find the answer.
That is something we don’t have here, partly because law firms are relatively new in India. They’re only about 20 to 25 years old in terms of large law firms. The way knowledge is shared and transferred, it’s hit or miss. If you’re lucky and get a good senior, then you get to learn.
Otherwise, you learn to swim on your own. Even when a couple of friends and I started, we tried to inculcate this in the firm. Even when we were just a four-lawyer firm, we had knowledge-sharing sessions among ourselves.
As we grew, it became non-negotiable. Every week, for about an hour and a half, the entire firm would gather, even now they do. It’s across offices now, of course, through VC and others, it’s easy.
Either someone is talking on a topic or they share what’s happening on different transactions in terms of knowledge, what’s happening in court. We share various things. I think that is a critical aspect. I know now that a few other firms also do it, but we need to go beyond that.
We need bar associations and bar councils to organize these sessions. Every month there should be some session for lawyers to attend, to learn. Simple things like how to dress in court, for example. I see a lot of young lawyers wearing unpolished shoes, mismatched socks, trousers of different colors, shirts of different colors, messy hair, and so on.
I mean, you can express yourself differently, but nobody has taught them. Nobody in law colleges tells them how to appear in court on day one. Now there are a lot of videos from different courts where judges are shouting at young lawyers, like, you don’t know how to address a court.
You’re not dressed properly. You know, what is this? I think these things can be avoided. Bar associations and bar councils can take the lead. But they don’t do it, unfortunately. Then also organized training on where to research, how to research, these are things that are easily possible but are not done. And I think that’s the biggest difference between the English legal professional and the Indian legal professional.
Based on what you’ve shared, I can grasp what likely motivated you to establish Samvad Partners and Daksh, the legal research organization you’ve passionately promoted and dedicated your efforts to for so long. I’m curious about the inspiration behind your book, “Rule of Law in India: A Quest for Reason.” Was it driven by the same reasons, or did you discover a distinct understanding of the disparity between legal ideals and their practical implementations in India? What ignited this realization? Your insights are poised to profoundly impact students, to be candid. They stand to gain valuable perspective from your experiences and reflections.
The challenges the Indian legal system faces are evident all around us. An example I often give is our disregard for basic legal norms, such as stopping at red signals. We seem to lack discipline in adhering to these norms.
Anyone who has traveled to different parts of the world knows that we are unique in this aspect. While some other countries may also witness similar behavior in traffic, such as jumping signals or driving on footpaths, it ultimately affects everyone negatively. If everyone were to follow traffic rules, we would all reach our destinations much faster, but unfortunately, chaos reigns on our roads.
This chaos symbolizes the disorder present in other aspects of the law. Our weak implementation mechanism is evident in our courts, where despite the high number of cases, there is minimal resolution on a daily basis. Chaos and confusion seem to be the norm, rather than organized proceedings.
Despite having comprehensive laws in place, as reflected in our legal texts and statutes, the contrast between what is written and what is practiced is stark. While the intent to establish a rule of law society has been present since 1947, practical challenges persist.
This disconnect between theory and reality led me to explore the lack of respect for the rule of law in India. Whether from individuals, government, political parties, or even the police and certain parts of the judiciary, there seems to be a general disregard for the law.
This exploration forms the basis of my book. It evaluates the dichotomy between legal theory and practice, delving into what the rule of law means in India and the type of rule of law envisaged by the Indian Constitution. After pondering these issues for some time, I decided to document my thoughts in writing, resulting in the creation of my book.
Sir, during this period, you pursued your master’s degree at Oxford University. What differences did you observe between your postgraduate experience there and the systems followed at NLSIU in India? How did this experience impact your approach to understanding law and academia simultaneously?
I think, to be completely honest, Oxford was an accident. Many of my friends were applying to study masters, and I also applied. Thankfully, I got a scholarship at Oxford, which is why I chose it over other universities.
Coming from a modest financial background, I am the first generation lawyer in my family. A full scholarship was available at Oxford, which influenced my decision. However, I’ve always felt that I gained more from National Law School than from Oxford. I’ve expressed this sentiment in other forums as well. Perhaps it’s because I joined National Law School in its early stages, with a dedicated faculty and inspirational leadership.
The learning experience at National Law School, both inside and outside the classroom, was invaluable. We were like a family in the initial years, all striving to prove the success of this new experiment in legal education.
In contrast, the depth of reading expected at Oxford was much greater. While the master’s course at Oxford focused on knowledge rather than creating lawyers, National Law School had a more practical approach. For instance, in my jurisprudence class at Oxford, the expectation was to read the entire reading list, including works by renowned legal philosophers like Raz and Dworkin, not just excerpts.
Overall, the teaching approach was similar, but Oxford’s tutorial system sets it apart from other universities.
Even now, small groups of three to four students sit with professors, engaging in in-depth discussions on every problem and topic, which is a unique system. In hindsight, I feel that perhaps I should have spent more time at Oxford; I only pursued a one-year master’s course. I likely would have benefited more from a two-year stint at Oxford. However, attending a venerable institution like Oxford, which boasts a legacy of 500 to 600 years, was a stark contrast to NLS, which was only five years old when I joined. It was a lesson in institution building and maintaining excellence over centuries, which has stayed with me alongside the legal knowledge I acquired.
Regarding the difference between the two institutions, the ability to delve deep into a problem is something Oxford instills in its students. NLS, on the other hand, imparted great fundamental principles of law. I often advise law firms and lawyers that the focus of law school should be on teaching fundamental principles rather than specialized courses, especially at the undergraduate level. While specialized courses have merit at the master’s level, a strong grounding in fundamental principles is essential during the undergraduate years.
Oxford, with its diverse student body, provided insights into various legal systems, planting the seeds for evaluating the Indian legal system and inspiring my book. Interacting with international students from countries like Germany, France, the US, and the UK allowed for comparisons between legal systems, leading to a deeper understanding of the Indian legal framework.
Sir, I would like to now ask you about when you became a designated senior advocate the kind of advice which you would like to give to our aspiring lawyers who are trying, or I would say who are looking to make an impact in the legal field as you have made, or maybe they can try, what would be your advice?
There’s no clear path to success. You need to follow your own interests and there’s no substitute for hard work. Everybody keeps telling that, and I fully agree. You have to work hard. There’s no shortcut unfortunately. Yes, you need to develop more skills because the profession is competitive. Clients can easily find out about your reputation and your peers who also have a reputation in the same area you’re working in.
Getting clients and legal work is challenging. It’s not easy. Unless you’re part of an establishment that supports you. Then you have time, but if you’re an individual lawyer with a solo practice, then you have to follow your interests, do things that interest you, develop an interest outside the law as well.
For example, if you have an interest in the environment, or AI as we talked about earlier, or computer science, learn that. And then, you don’t have to give up the law, but marry the two, try and marry the two. So you don’t treat your legal profession as something only sitting in the office and reading case laws or judgments.
Law is a profession rooted in society. So you have to see what’s happening around you in society. And try to interact with people in other professions, people in civil society. You may have cousins who are computer engineers, software engineers; talk to them, understand different things.
Expand your horizons. Hard work, expanding your horizons, reading, and following your heart. Follow your passion. And there’s no one road to success. You’ll get there eventually, but do what you like. Not because of what other people are doing, but because of what you like.
You have already worked as a partner in law firms, and as an independent practitioner also, what kind of differences have you observed in the kind of work culture these two roles had, and particularly when you became a senior advocate, there must have been different kind of responsibilities and kind of domains must have come where you had to find new ways to take care of those responsibilities also. So how have you adapted those changes in your life professionally, mostly, and what kind of journey you have had through all this going through more than two decades now?
As a partner in a law firm, teamwork is essential. It’s about building an organization, not just about individual efforts. You have your fellow partners and junior colleagues, and collectively, you ensure the firm’s operations run smoothly.
In a law firm, there’s a dual aspect – it’s both a profession and a business. Managing a team, including juniors and colleagues, is crucial for the firm’s success. Ensuring profitability is key, and this requires effective organization not only in executing tasks but also in areas like HR, accounts, and business development.
Transitioning to an independent senior advocate has its differences. The focus shifts from impressing clients to earning respect from fellow lawyers who brief you. What I miss most about the law firm environment is the camaraderie among colleagues.
Now, with a smaller team in my office, interactions with other legal professionals are broader but lack the close-knit atmosphere of a firm. Informal learning through spontaneous discussions and consultations is something I miss as an independent practitioner. Furthermore, the absence of backup when one falls ill poses challenges in solo practice. Unlike in a law firm where others can step in, an independent practitioner bears the sole responsibility.
However, being a senior advocate offers unique opportunities. Dealing with complex legal matters and high-stakes cases provides a sense of fulfillment. Though client pressures are still present, the focus shifts to a more profound engagement with legal questions and expertise.
While I miss the collegial environment of a law firm, the focus on pure legal matters in my current role is intellectually stimulating and rewarding. It presents new challenges and opportunities for growth at this stage of my career.
Thank you for sharing so candidly about how you feel being a senior advocate from being a partner to an independent solo practitioner. You have made your name in commercial arbitration, I would say that’s your niche and you have found that space for yourself by working for so long and so diligently. What kind of misconceptions have you seen that people have related to arbitration and how do you address them when it comes in front of you or maybe someone is apprehensive about those understandings? Would you like to suggest some pointers or maybe your own experience?
I won’t say misconceptions. If you’re dealing with large commercial organizations and they’re handling arbitration, everyone pretty much knows what arbitration is about. Clients understand what arbitration entails.
The challenge with arbitration in India currently, as noted by Justice Raveendran, one of the best arbitrators in the country, is the lack of professionalism. I couldn’t agree more with him. What does this mean? He didn’t elaborate. This is my view; he pointed it out in a different context. For example, arbitrations need to be held on time, adhering to the prescribed time limits.
If you’re appointed as an arbitrator or conciliator in arbitration, we forget it’s not just a private form of dispute resolution, but a serious one. In India, we’re still struggling with situations where arbitrators don’t arrive on time.
The other day, an arbitration scheduled for 10:30 AM had all participants logged in, but the arbitrator didn’t join until 10:45 AM due to illness, without prior notice. This poses professional challenges for lawyers, as we need to manage client expectations.
It’s not just arbitrators; sometimes even lawyers don’t show up on time, causing delays. Awards are not passed on time either. These are challenges we face in arbitration.
Many lawyers think arbitration is a diluted form of arguing disputes in court. They forget that regular provisions like the CPC and the Evidence Act need not apply. We can follow a procedure as long as natural justice is met. Some people cite lengthy provisions from the CPC and the Evidence Act, prolonging cross-examination.
The misconception that arbitration is a substitute for trial is something the Indian arbitration system needs to address. The biggest challenge is improving professionalism among all involved, including lawyers and arbitrators, and developing arbitration institutions to make the system more efficient.
See, because there are two challenges, Divya, in terms of the moment cases get taken out of the court system and they’re arbitrated. We are losing the jurisprudence, right? Arbitral awards are not available in public. They’re not published in ACC or AIR or whatever. And that is what’s happening in most commercial disputes. Commercial jurisprudence is not becoming available to all the general lawyers. Only the small set of lawyers who are arguing arbitration cases are aware of that.
So when we’re doing that, we’re taking away from the courts an enormous opportunity to develop commercial jurisprudence. Then we need to do it properly. We can’t mess it up. Currently, because there are no, except one or two, significant arbitration institutions in this country.
Mostly we have ad hoc arbitrations, and they have become unfortunately very expensive, very long, and extremely unprofessional. This is a combination of all three things. Yes, things are changing now. There are a lot of people making a lot of effort to improve things, to follow professional organizations from other parts of the world, etc.
But as I said, the examples in other countries have been around, like I was talking about the legal profession earlier, that has been there for a long time. Other countries have organized their professions much better. But we have not been able to do it. Those are challenges that we have not been able to overcome.
And that, I am afraid, and I hope it doesn’t happen, is plaguing, and probably will continue to plague our arbitration system. So, well, there are no misconceptions, but people come rosy-eyed, with rose-tinted glasses to arbitration thinking they’ll get an award in six months. Sometimes it drags on for three years, four years.
And that’s frustrating. So that is a challenge that we are facing in arbitration. But I’m hopeful because there are a lot of developments in the arbitration world in India. Hopefully, things will improve.
How do you take care of your personal hobbies and interests? And balance your personal life with the kind of busy professional life that you have outside the law.How do you do all these things? Keep yourself calm and learn and understand how world works. Please tell us that as well, Sir.
That’s what all of humanity has been searching for, right? I mean, we’ve been searching for peace. From the times of the Buddha. We’re all searching for peace. Apart from all that, I think you raised an important question.
And I think Indian lawyers, in my view, work way too hard. For example, judges also, while we complain about the delays and all, I think Indian judges work extremely hard and so do Indian lawyers. There’s no respect for their own time.
And it’s something when we started Samvad we were very conscious of, and Samvad has a reputation even today that it’s a firm that balances work and life. And we were able to do that in that organization, but that comes with challenges, you know, young people want to make money, because their peers and other law firms are making money, more money.
So how do you deal with that? And it’s a difficult conundrum. In terms of whether you want to make money when you’re young and save all the money for later. And you don’t know whether you will be able to enjoy or do you want to do it now? I mean, these are questions that are difficult to answer. I have been lucky in the sense that I’ve been able to manage a reasonably good work-life balance.
So two things are important. One, you need to enjoy what you’re doing. Okay. And I know you asked me the question about Daksh earlier. The fact that I started Daksh at the same time as I started my law firm, and I continued to be involved in Daksh sort of encouraged me to spend more time in the profession also.
So you should do what you’re interested in. The fact that I was doing things beyond the pure practice of law and into policy research made me focus more on the profession also. Because I knew what I was doing, what I’m able to do. So all that is important. And at the same time, along with policy work or legal professional work, having time for your family or kids.
And what you like otherwise is also important. So in a long way, I’m coming, answering the question you asked. I’m lucky to have a few things that I enjoy. I like running. I run regularly. I like climbing mountains, I do a fair amount of trekking.
My daughter started playing tennis, so I began learning the sport to join her. Simple activities, when focused on, can yield significant benefits. My grandfather, now deceased, was a farmer who shared insights on various crops and fruits he cultivated.
Showing interest in the world around you is essential. Sometimes, we become engrossed in our tasks, but paying attention can naturally develop hobbies. These experiences have prompted me to realign my focus on work.
Regarding learning from others, observing their actions is crucial. For instance, I recall reading about Soni Saurabh ji, who was renowned in jazz music circles. Lawyers engage in diverse professions; recently, I visited an organic restaurant in Bangalore owned by a lawyer. Exploring different interests can enhance focus and efficiency in one’s profession.
Can you walk us through your journey from being a law student to becoming a founding partner at TKC Partners LLP? What pivotal moments or experiences shaped your career trajectory?
I would say my journey toward becoming who I am today began even before law school. As an Undergraduate at St. Stephen’s College I had the opportunity to explore not only where my interests lay academically, but also to begin to explore who I was, and who I wanted to become, as a person. I wasn’t always certain about pursuing law, at the time I was quite keen on exploring the dramatic arts. By my third year I was more set on my path towards the law. Reading History helped inform that decision.
That was followed by three years at CLC, Faculty of Law. I was not the most academically gifted student, nor, to be candid, the most hard-working. When I first joined I was not certain whether I was pursuing law because of the expectations of family, or because it was right for me. But I found myself drawn to certain courses, particularly Jurisprudence and Intellectual Property Law, which reinforced my decision to pursue law as a career.
After LL.B. I joined the Office of Mr. Gourab Banerji, Senior Advocate, who was Additional Solicitor General in the Supreme Court at the time. They say you never forget your first boss – and I certainly couldn’t. Mr. Banerji provided a nurturing and professional environment for a young legal professional to learn the ropes, and to make mistakes without fear or judgment. Many of the habits I try to inculcate in my Office even today I imbibed from my boss and my colleagues in that Chamber.
While practicing in the Courts in India has a thrill that cannot be matched, I had already begun thinking about pursuing higher studies in England. The drive had been fuelled over the years by visits to my family in the UK, and my father’s stories of his time at Oxford. The University of Oxford was my first choice. Having marginally missed a First Division I didn’t make it through. But sometimes life finds a way to give you what you need, even if it isn’t what you think you want. I joined Queen Mary, University of London for the LL.M. in Intellectual Property Law. That definitive year studying in the heart of London provided some of the most pivotal moments in my journey. Far from the nest, and challenged to break free from the shackles of rote learning, I got the opportunity to truly develop a zeal for the study of law, a joy for learning and analytical reasoning, and to dive deep into the study of Intellectual Property Law. Truly enjoying what I was learning pushed me to strive like never before, which happily culminated in graduating with Distinctions in each of my Courses. QMUL enlivened my passion for the law, and gave me some of my most endearing and enduring friendships. I can truly say that if not for that year, I would not find myself where I am today.
After my academic success at QMUL I was accepted into Oxford, which fulfilled a burning desire I had held in my heart for a quarter of my lifetime. I spent two years at St. Edmund Hall, University of Oxford pursuing the BCL and then the M. Phil in Law. Oxford helped me take my abilities and my ardour for academia to new levels. I had the opportunity to study under and with some of the sharpest intellectual minds I ever had the privilege of interacting with, both inside and outside of the legal realm. Though I probably did struggle with “imposter syndrome” at first, being intimidated intellectually pushed me to challenge and better myself. I was privileged to have this opportunity, and I did my best to take the fullest advantage of it. I was scared, I was excited – I had worked hard to get there and I hope it’s okay to admit that, despite all my anxieties, I was proud of myself. Reaching Oxford helped me believe in my capabilities and shape the confidence that I feel one needs to push oneself to the next level professionally. Not only did I meet my best friend at Teddy Hall, but I found the freedom and space to strive towards becoming my best self.
After returning from England, it was an adjustment being back in litigation in Delhi. The Oxford bubble had popped, and I had to find a way to transfer the skills developed during my time in academia to my professional pursuits. Despite offers and advice pushing me in other directions, I relished the chance to work under my father Mr. Salman Khurshid, Senior Advocate. His practice was varied, his grasp of the law disparate, and his academic bent familiar. Many days were spent having intellectual debates over lunch with all his juniors in the Office, and countless hours running from forum to forum – calling for familiarity with everything from Constitutional and Administrative Law to Competition and Anti-Trust. Exposure to so many different fields developed my general appreciation and grasp of law and, despite my specialisations, convinced me of the value of being a generalist – A jack of trades, master of none – but better than just the master of one.
After a few years the opportunity presented itself to join with dear friends and colleagues to set up our own firm – TKC Partners. Once again I found myself anxious, doubting myself and my potential – but the time had come to take the skills and abilities developed over the last decade and to push myself to the next step.
Pivotal moments in life rarely present themselves as such when they are before us. For most of us, in life the key moments are often gradual or imperceptible until we’re much further down our path. I think every step has culminated to bring me where I am today. While some may feel more definitive, none would be the same without those that have come before.
You’ve had significant experience in both litigation and arbitration, particularly in high-stakes cases before various forums, including the Supreme Court of India. What draws you to these areas of law, and how do you navigate the complexities they present?
From the very beginning I knew that I was more drawn to the Courtroom than the Boardroom. While Corporate Law offered more stability and remuneration, and many of my friends went in that direction, I knew my first love was litigation. Perhaps it is, as my friends and family often insist – that I am a born lawyer – eager to argue with anyone and everyone, about anything. Or perhaps it is as my father once told me when I had more whimsical fancies of being a stage actor – that litigation and theatre have many correlating and overlapping skills – oration, diction, the ability to command a room and capture the attention of your audience.
While litigation in India certainly has its share of drama, I think along with being an inherent performer, what draws me to dispute resolution is the thrill of argument, and the excitement and pace of litigation in India (though sometimes there is more excitement than necessary). Once I joined the profession I also had the opportunity to explore arbitration, and see many of the advantages it offers over litigation in an often over-burdened system.
Each area of law has its own thrills and its own obstacles. Navigating the complexities is often just about weathering the storm of backlog, managing the expectations of clients unfamiliar with the system, pushing your colleagues and contemporaries to help improve the system rather than take advantage of its shortcomings, and most importantly – patience. And in today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions.
As someone who has been deeply involved in intellectual property rights (IPR) practice, could you share some insights into the evolving landscape of IPR enforcement, both domestically and internationally? What are some of the key challenges you’ve encountered in this field?
Intellectual Property is an ever-evolving discipline. While its foundational concepts may not change, its application can rapidly adapt and develop in the face of technological advances, globalisation, the clash between the interests of developed countries and the needs of developing nations, and several other such factors. One of the most important developments however, especially for growing markets such as India, is cross-border recognition and enforcement, both for international brands that bring investment and economic growth into India, as well as for home-grown brands that have found an international market.
India has made great strides when it comes to the awareness, proliferation, recognition, and protection of IP rights. But we cannot rest on our laurels. Our infrastructure needs to catch up with the pace and requirements of market demands; we need to be proactive about facing the challenges of IP enforcement in the digital age; the level of expertise required from offices and the judiciary is not uniform across the country; and we need to ensure that a robust IP system does not create a space for IP bullying or takeover by larger vested interests against the freedom of creation and innovation.
Your time as a Research Assistant and then co-Author for your Chapter in the publication by the Office for the Harmonisation of the Internal Market (OHIM) involved studying the enforcement of intellectual property rights in the European Union. How has this experience influenced your approach to handling IPR matters in your legal practice?
The opportunity to co-Author a Chapter in European Case Law on Infringements of Intellectual Property Rights (Bruylant, 2016), published by OHIM (now known as the EUIPO) was an exciting opportunity to delve deep into a specific issue from an unfamiliar perspective. It helped acquaint me with some of the potential conflicts and challenges that proprietors and practitioners can face when it comes to the cross-border enforcement of IP rights.
It also helped me truly appreciate the impact and importance of Intellectual Property Law in commerce. Now known by a more appropriate name, the EU Intellectual Property Office used to be the Office of the Harmonisation of the Internal Market – which started with the remit to administer the new EU-wide unitary property right, the EU Trade Mark. Through the application and enforcement of various EU Directives, this Office played a vital role in breaking down several trade barriers in IP, showing how IP plays a pivotal role in creating, facilitating, and influencing cross-border trade and growth of mutual economies.
I think the experience has helped me develop a foundational expertise with the issues associated with such enforcement, which aids me in advising clients with multi-national offices or businesses, and also helps with a key aspect of IP advisory – litigation management and avoidance.
In addition to your legal practice, you’ve been actively involved in academia, including co-interviewing undergraduate law candidates at the University of Oxford. How do you balance your legal career with academic engagements, and what value do you see in contributing to legal education?
During my time at Oxford I was primarily dedicated to purely academic pursuits. But I also had the opportunity to carry on some of my practice, in an advisory capacity. The opportunity to co-interview undergraduate students, along with Professor Aileen Kavanagh, was interesting. It was funny to be on the other side of the table just a year after getting into Oxford myself – to try and gauge and appraise these young candidates and to make recommendations on whether they should be offered a place. This was perhaps the first time I felt the weight and gravity of the influence we in the profession can have on the future of the next generation of legal practitioners, jurists, and policy makers.
After re-joining the profession back in India I have attempted to make time to make myself available for similar opportunities through symposiums, lecture series, podcasts, etc. But balance is always the greatest challenge in the legal profession. I’ve not been able to make the time to take on more formal and structured academic roles, despite being approached a few times, as I’ve felt that I needed to provide more time to my role in growing my Firm. But it is always on my agenda to find ways to reach law students and young professionals when suitable opportunities present themselves – the worlds of academia and practice cannot be divorced from each other – this is a loss to both. I think it’s important that law students have the opportunity to know the realities of the legal profession, and to explore the profession before making the heavy commitments that it demands – this is only possible through access to practitioners who can help them gain a better understanding of law beyond their textbooks. The value in this is elementary – better, more well-rounded students will lead to a better, well-rounded legal profession.
Your publication on ‘State-State Arbitration and its Role in Entrenching the Rule of Law in the International Legal Community’ explores a crucial aspect of international arbitration. Could you elaborate on the significance of this topic and its implications for the legal profession globally?
First let me say what an honour it was to be given the opportunity by the PCA to co-author a Chapter in International Arbitration and the Rule of Law.It was such a privilege to be part of the PCA’s recognition of the work and contributions of the eminent and unmatched jurist and legal luminary – Mr. Fali S. Nariman – who sadly is no longer with us.
This piece, as indeed much of the collection, focussed on various aspects and examples of international arbitration and inter-state arbitration, and how they have influenced the development and entrenchment of the Rule of Law, a traditionally domestic principle, in the realm of international law – which is traditionally driven by the concepts of sovereignty and State autonomy.
Our article focussed on the role of interstate arbitration in promoting the rule of law, focussing on two significant PCA arbitrations – the Bay of Bengal Maritime Boundary Arbitration (between India and Bangladesh) and the South China Sea Arbitration (between China and the Philippines). An examination of cases such as these highlights several challenges that practitioners in the field of international law and international arbitration must contend with – the Rule of Law remains a somewhat contested concept in the international context, though there is a greater uniformity to the dimensions of the principles under domestic law. The nature of the disputes under these cases, and the stands taken by the Nation-States – both during and in the aftermath of these cases – highlights the challenges to international law, and the continuous necessity of the willing participation of States in maintaining its principles. Some of the lessons from the comparative analysis of these cases are particularly relevant for India today.
Collaboration seems to be a recurring theme in your career, from assisting Senior Advocates to co-authoring publications. How do you approach collaboration within the legal field, and how has it contributed to your professional growth?
‘If you want to go fast, go alone; if you want to go far, go together’. This traditional African proverb quite succinctly exemplifies my outlook towards law and the legal profession. In a fast-paced and often aggressive landscape, legal practitioners become hard-wired for competition – treating their practice as a zero-sum game. This can cultivate unproductive outlooks that can harm the system long-term.
I believe some of my greatest successes have come, not from side-lining or “defeating” competitors, but from finding opportunities to collaborate and cooperate. But often this is easier said than done. Collaboration requires trust, and as they say – once bitten, twice shy. Maintaining a collaborative attitude can be difficult, especially in the face of emulous elements. But patience, belief, and a little luck, can help one find genuine contemporaries to work and grow with.
This also informs the manner in which I aim to guide and advise Clients, encouraging them to look at conciliatory approaches, focussing on larger interests and benefits. Though Clients ca be similarly motivated/programmed – to see conciliation as a mark of timidness and weakness – but I have found that many stay with us because we show them that our approach focusses on their best interests, and often bears results in otherwise quagmired situations.
Finally, considering your diverse experiences and accomplishments, what advice would you offer to aspiring law graduates who are about to embark on their legal careers? What key principles or strategies should they keep in mind as they navigate the legal profession?
There may honestly be no end to the advice someone could dole out to aspiring graduates poised on the brink of starting their journeys in the profession. There is just so much to learn and experience. Some of it you may have guides and mentors that can prepare you, some you will just learn the hard way.
One thing I would emphasise is that law is a life-long pursuit of knowledge. You must constantly be open to learning and growing. Your early years are the best time to chase diverse and varied experiences – don’t hem yourself in early – there is plenty of time in life to “specialise”. One must also focus on foundational concepts, and don’t be afraid to grow slowly – chasing the “30 under 30” label can often lead to shortcuts or missed opportunities that could be hard to make up later. You must look inwards to define your image of success, don’t chase someone else’s.
You shape the system as much as it shapes you. It may be difficult, but always strive to better yourself, and those around you, and be slow to frustration. Surround yourself with people who push you to expand and grow. Take the best habits from your mentors, ignore the worst. You will have many unwelcome experiences, learn from them but don’t let them define you.
Can you share with us your journey and what inspired you to pursue a career in law, especially with your impressive academic achievements?
Like many others, I was once keen on cracking the UPSC exams and making my mark as an IAS officer. I was told by my family and friends that attempting the UPSC with law as a subject paper would make things easier. This made perfect sense. Law is after all a key pillar of governance, and I believed that having a degree in law would naturally give me an edge over my competitors when attempting the UPSC exams. So to my mind, the law was simply a means to an end at first. This is by no means to say that I did not take my CLAT preparations very seriously. I moved to ISC from the State Board after Class X as I felt this would allow me to pursue subjects that were more relevant for CLAT with more rigor. I also signed up for CLAT coaching classes, and gave it my best to make it to a good law school.
My larger goal of clearing the UPSC did not waiver, that is until I actually started law school and fell thoroughly in love with the law. I was awed by this complex network of norms that held the social contract together while leaving enough room for clever interpretations and mental gymnastics that it never became tedious. I lost myself in my textbooks and lectures, spending hours at the university library to soak in as much as I could of what the law had to teach me. I soon realized that the law was no longer something I had to do, but something I wanted to do. Once this realization hit, I never looked back.
As for my “academic achievements” as you call it, I believe they are the by-products of two things. First, a genuine fondness for what I do, and second, discipline / hard work. I also believe that consistent performance, be it at academics or any area for that matter, is just as important as excellence. Consistency takes determination, and a willingness to commit continuous effort to whatever one does. This belief has helped me stay focused not just in my academics, but also in my work.
You’ve had a diverse range of experiences, from working at a prestigious tax law firm to handling various civil and commercial matters. What prompted you to establish your independent law practice in 2019?
It was in my first year of law school, when I participated in the Nani Palkhivala Direct Tax Moot in Mumbai, that I was drawn towards tax law. This led me to pursue an internship with Lakshmikumaran & Sridharan in my third and fourth years, when I was fortunate enough to be offered a PPO. The time I spent at LKS in the formative years of my career was crucial, as it concretised my affinity towards tax law and ensured that it would remain one of my core practice areas. My subsequent stint reading for the BCL at Oxford University considerably broadened my professional horizons and opened my eyes to the fact that I need not pigeonhole myself into any one branch of law. The course structure allowed me to craft a cocktail curriculum for myself comprising among other things finance, trade, and comparative corporate law, which prompted me to look beyond my interest in tax when charting my career trajectory. My internship with Mr. Philip Baker, QC, served as a reminder of the adrenaline rush that came with running a well-researched and well-presented matter, and rekindled my interest in litigation. Upon my return to India, I spent some time learning the ropes of litigation at the chambers of Adv. C.K. Nandakumar (now a designated senior counsel), where I also learned invaluable lessons on running an independent law practice. From there, establishing my own chambers seemed a natural progression and I was able to fulfil that dream in 2019 – thanks in no small part to the blessings and support of my wonderful group of family, friends, seniors, and colleagues.
Your practice covers corporate insolvency, property, tax, and other commercial and civil matters. Could you give our listeners some insight into the unique challenges and rewards of handling such a wide array of legal areas?
There are moments when I identify all too well with the adage “jack of all trades and master of none” as a general practitioner, given the sheer scope of work. Apart from needing strong foundations in all areas in which you practice, you also need to constantly stay on top of domain developments – be it a landmark judgment settling (or-unsettling) a substantive question of law, or an obscure circular from a local authority that manages to make existing workflows obsolete in one swift stroke. Many colleagues also argue, perhaps rightly so, that the world is heading towards super-specialization. Increasingly complex problems call for increasingly complex solutions, and some say that it is simply too difficult if not impossible to gain the required level of insight into multiple domains at once.
However, for every moment of uncertainty, there are two others to remind me that there is still immense value in what we do. It is always an advantage to have a 360-degree perspective on briefs, as it helps avoid situations where you win the battle in one forum yet lose the war in another. Such a perspective only comes with experience gained by handling matters across domains and forums. We also do not work in silos and make it a point to enlist the help of domain experts as and when required.
In addition, and most importantly, the subjects we handle are all interconnected at various levels. It is not possible to practice say corporate or commercial law without having a good grip on property and tax law. Ultimately, what makes a good lawyer is their innate understanding of how people work and think. The broader your sense of how and what makes the world tick, the more effective you are as a lawyer.
You’ve represented both government and non-governmental organizations, as well as tier 1 and 2 law firms. How do you adapt your approach when working with different types of clients and organizations?
Every client, whether a government organization or a business, has a set of attributes that is unique to them. This could be their nature of work, familiarity with the legal system, reporting requirements, personal convictions – the list goes on. There are some clients who need to be sat down and patiently walk through their legal strategy many times over, while there are others you may not meet in person at all and with whom you interact only when strictly necessary. Needless to say, a one-size-fits-all approach will not work here and you are expected as a lawyer to tailor your approach based on the unique attributes of the client as well as the matter at hand.
While the specifics may vary, there are some aspects of client relationships that stay the same irrespective of the client. For instance, I make it a point to handle every client with a high degree of professionalism, always respecting the human element behind each litigation. I do not differentiate my clients on an interpersonal level based on where they come from or what their background is. Lessons learnt from working with some clients can also be transposed to others, making the overall processes stronger.
As a guest lecturer at several universities and a guest editor for peer-reviewed journals, you’re deeply involved in legal academia. How do these roles complement your legal practice, and what do you enjoy most about them?
While I have carried forward an interest in legal academia from my law school days, I am not sure it would be accurate to call me “deeply involved” at this point, as time and bandwidth constraints have certainly impacted my involvement. In the past, I used to be a frequent contributor to my university law journal and newsletters, as well as some external publications. We had an in-house knowledge building team at LKS, whose high-quality content kept us young lawyers on our feet and up to date. At Oxford, I was part of the South Asian Political Thought Discussion Group and occasionally coached younger students for moots and peer-reviewed their papers. I still receive invites to deliver guest lectures on tax and insolvency law from time to time and speak at various events / platforms.
I believe it is important to keep in touch with legal academia in whatever limited way our work schedule permits. Making time to read the right literature and also interact with students and other academicians will go a long way in strengthening one’s knowledge pool, particularly on aspects one may not routinely encounter in the course of work. As the rush from one matter to the next rarely leaves room for creative thought or knowledge-building, it becomes necessary to find other ways to organically stay in touch with academia. This could even be something as simple as setting aside time to discuss learnings with peers and colleagues.
You’ve been recognized with awards such as the “Emerging Women’s Leader” award. What do you believe contributed most to your success, both academically and professionally?
Success in any field in my opinion is largely the product of three things – determination, hard work, and consistency. If you give enough time and commitment to anything you do, success will find you sooner or later. Cliched as that might sound, I can say from personal experience that the formula does work. I had my priorities well-set from a very early age and was highly driven to be good at whatever I did. I knew my strengths and weaknesses well, and I put in as many hours as it took to get the results I wanted. I was also fortunate to have a good support system of family that helped me however they could, especially my parents, my husband and one particular maternal uncle, be it through words of encouragement to inspire me or objective reality-checks to keep me grounded.
In your impressive list of publications, you’ve covered topics ranging from tax law to arbitration. Could you highlight one area of law that you’re particularly passionate about and why it matters in today’s legal landscape?
Although I have written on a variety of matters in the past, they have all largely been the outcome and logical extension of some litigation or advisory opinion that I have rendered. This is an unfortunate reflection of the reality that litigation leaves very little time to focus on other areas of interest.
That said, if I were to highlight one area of law as my favourite, it would have to be insolvency and bankruptcy law. As an office, we handle matters under the IBC across all forums, from the NCLT up to the Hon’ble Supreme Court of India. This has given us a well-rounded and elaborate perspective in handling complex IBC matters. Our interactions with a variety of stakeholders including shareholders, directors, creditors, resolution professionals / liquidators and others in the system have not only helped us better understand the commercial motivations behind many decisions made in the IBC space, but they have also given us the ability predict with some accuracy the roadblocks in a resolution / liquidation process and plan around them. India’s experience with insolvency and bankruptcy may still be maturing, but I very much look forward to continuing my work in this evolving domain.
Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are just starting their careers and navigating the legal profession?
As a first-generation woman lawyer, I was told at various points throughout my journey that the road ahead would be more than a little challenging. When I left my plush corporate job and set out to read for the BCL and thereafter, came back to India to be a full time litigator, there were several well-wishers who gave me similar caveats about the transition to litigation. I can now say with the benefit of hindsight that they were not wrong. There is a lot of struggle and even more uncertainty, especially as an independent practitioner. In my initial years of independent practice, the lack of definite answers like where / when / how will the next brief come if they come and will they pay, were all very unsettling. And very honestly, they still are.
What I was not told enough however, was how rewarding an experience it is to brave the storm and watch yourself grow into the lawyer you always wanted to be. It is in fact the years of struggle that taught me to trust myself better. I took many leaps of faith, some small and some big, I made mistakes, learned from my mistakes, sought help and gave help where I could, and made it my life’s mission to pursue my dream of becoming a good lawyer. I will take the very fact that I am speaking to you now as proof that all the time and effort put in over the years did pay off.
This would be my advice to my future colleagues who are just stepping into the legal profession as well. You have chosen a career full of promise and intrigue. The road to success may be more treacherous for some of you than others, but it will not be easy for anyone. The law truly is a jealous mistress, and will demand all the attention you can give. However, if you give it the attention it deserves, the sky’s the limit. Take the time to introspect and know the direction you wish your career to go, keeping in mind that there always is room to reorient down the line. Once you have this clarity, work with an office that teaches you not just the subject but also the smaller life lessons that will help you in your career. Build a robust network of friends, colleagues, and acquaintances, as the importance of reputation through word-of-mouth cannot be overstated. Last but not the least, never stop learning. There is an ocean of knowledge available at your fingertips – make good use of it.
Can you share your journey of how you ended up pursuing a career in law, and what led you to specialize in commercial litigation and white-collar crime?
Being a third generation lawyer, choosing a career in the field of law became a natural progression at the crossroads of life. While I was pursuing a science based professional during my high school, I always remained fascinated with my parents talking about cases at home, how things unfolded in court etc. and as it would turn out, my passion and aptitude for law took over.
While working at Shardul Amarchand Mangaldas since 2012, my Partner Anuj Berry and I were representing certain clients in large scale litigation and anti-corruption compliances in India for foreign companies. Under his able guidance and together with him, we started working to build the white-collar crime practice as a niche area at SAM. As luck would have it, our in-depth work on the advisory side soon translated into many courts facing white-collar crime matters around 2017-18 when there was a surge of criminal investigations by specialized agencies like CBI, ED and SFIO. Once I branched out to pursue my independent practice, I developed this expertise further and continue to ride the learning curve in this field. What is the most interesting part of white collar crime practice is the inter-sectional dynamics it holds between criminal law on one hand and commercial laws, taxation laws on the other.
You completed your B.A., LLB (Hons.) from NALSAR University of Law and later pursued a Bachelor of Civil Laws from the University of Oxford. How did these academic experiences shape your perspective and approach to practicing law?
I believe the holistic course structure at NALSAR and the increasing importance given to procedural laws really helped in shaping my understanding of the court processes. One always found these subjects boring in class – however, once I got into active practice, the realization dawned soon that the foundational stone for easing out court related process and practices was set through these subjects taught phenomenally well at NALSAR. As a word of advice, I always harp on the fact that one must always pay utmost attention to the finer details of our procedural laws – the CPC, CrPC, Evidence Act etc., which are the heart and mind for a career in litigation.
Coupled with this, the Socratic method of teaching at Oxford really instilled the practice of self-reading, analysis of finer details and most importantly, joining the dots across subjects – a key aspect which one should practice when it comes to a court case.
You’ve been recognized as a “Rising Star” by Legal 500 in the Asia Pacific Region for White Collar Crime Practice. Could you tell us about one of your most challenging or high-profile white-collar crime cases, and how you navigated the complexities of such cases?
Undoubtedly, the most challenging case was the investigations being conducted by multiple agencies into the affairs of Frost International Limited and its group companies. What later turned out to be one of the biggest cases – started with 3 different agencies probing the companies on the same set of facts. We were faced with several complex legal issues – such as whether different agencies could look into the same transactions for alleging different offences under special statutes, what would be the evidentiary value of a one sided forensic audit, whether a counter audit would be a plausible defence at the investigation stage itself. Faced with these complex questions, our team was able to ably navigate through these issues with a 3 step simple approach – (i) break down the issue and assess the answer from a first principles perspective (ii) a textbook approach may not always work in niche situations which the law would otherwise not have contemplated – think out of the box when the situation requires (iii) always keep the fundamental rights of the persons facing investigation at the forefront. Since liberty remains at stake in such cases – prompt action and immediate responses are key.
Your career includes a role as a Panel Counsel for the High Court of Gujarat to represent at the Supreme Court. How has this experience informed your understanding of the judicial process, and what unique challenges does representing a high court at the apex court pose?
Representing a High Court is the most valuable and honourable experience one can get. Time and again the Supreme Court has reiterated that the High Courts are no subordinate courts – they are equal constitutional courts as the Supreme Court. To appear on behalf of the High Court requires a lot of preparation and is a position of very high responsibility. At times, the High Court is required to take an adversarial stand, in some cases it may not. It is my role and responsibility to assess the High Court’s position for an effective representation before the Supreme Court.
You’ve advised and represented multinational companies in litigation proceedings before the Supreme Court and High Courts. Could you share a memorable case where your legal expertise made a significant impact on the final outcome?
One of the most significant and interesting cases I worked on was the case of Neeharika Infrastructure Pvt. Limited v. State of Maharashtra, which is now a landmark reported judgment. The Supreme Court was faced with a very interesting, yet peculiar question of law – can the High Court give protection to accused while hearing petitions under S. 482 CrPC and in what cases can the trials/investigations be stayed. Knowing that Mr. K.V. Vishwanathan (as he then was before Lordship’s elevation as a Judge of Supreme Court) will be arguing for the Petitioner, I knew my preparation had to be top notch and very detailed. Appearing for the private Respondent in the case, I presented a detailed comparative approach on how this issue had been addressed not only by High Courts, but also by other foreign jurisdictions having similar provisions. The bench was very accommodative and patient during arguments – which really helped me in arguing full length before the Supreme Court. Albeit having lost the matter, it was a great experience which really helped me at the preparation stage of the matter, a practice which I now adopt in all matters.
Your involvement with organizations like the ICC Young Arbitrators’ Group and the Oxford Cambridge Society of India showcases your commitment to professional growth. How have these affiliations enriched your legal career and influenced your approach to the law?
Man is a social animal. A lawyer is “social-er”. Our interactions with other members of the society, our intersections with people across other forums, professional and walks of life shapes our outlook and understanding of law. Being a member of these bodies and actively participating in the events has really developed my understanding of one very basic fact – there may be different approaches to the same set of facts and a lawyer’s appreciation of this helps immensely in setting out preparing for a court case.
As someone who has successfully represented both companies and individuals, what advice do you have for aspiring lawyers seeking a balance between providing effective representation and upholding ethical standards?
A career in litigation is a steep slope. Gestation periods are high, rewards are initially low and recognition is seldom easy at an early stage. However, my only advice to young lawyers on this difficult path would be not to lose hope or your passion for law. Easy money is easy for a reason – but reputation and recognition is for those who persevere. Never let down your guard when it comes to maintaining the ethics of this noble profession. I echo the words of the one I look upto, Mr. Mukul Rohatgi– don’t count the hours you put in as a young lawyer.
Lastly, what advice would you give to fresh law graduates who are about to embark on their legal careers, especially considering the evolving landscape of the legal industry?
The field of law is ever expansive , inclusive and experimental. At the crossroads of choosing what to do, you will always get the conventional options and yet some new avenues which may not only interest you, but may be the path of your passion. Do not ever hesitate to try something new in the field of law. The multi-dimensional folds of this profession have a lot in store for everyone and if you have conviction in your actions then pursue it without any fear or doubt.
Can you share your journey from being a B.A.LL.B (Hons.) graduate to completing your Master’s degree at the University of Oxford, specializing in Corporate Business Taxation and Arbitration? What inspired you to pursue such specific fields of law?
My initial inspiration towards litigation emanated from being a 3rd generation lawyer and seeing both my father and grandfather argue in courts. My journey thereafter was fuelled by my deep interest in litigation and commercial law, and during my undergraduate studies I became captivated by the complexities of business transactions and the legal aspects of taxation and dispute resolution. This fascination motivated me to further my education and seek a deeper understanding of these subjects.
My dream University was of course Oxford for pursuing their coveted Master’s degree immediately after my graduation, due to its renowned academic reputation and rich legal heritage. Specializing in Corporate Business Taxation and Arbitration seemed natural, given the increasing relevance of these fields in our globalized business landscape.
In essence, my academic journey reflects my passion for these two very specific and mutually exclusive fields of law.
Your academic achievements include a Ph.D. from the National Law University, Delhi, and being a Fellow with the Chartered Institute of Arbitrators, United Kingdom. How did these experiences shape your career in law, particularly in arbitration?
A short tete-a-tete with the legal luminary Dr. Abhishek Manu Singhvi propelled me towards embarking on pursuing a Doctorate degree. Completing my Ph.D. in a very niche area of Transfer Pricing provided me with a deep and comprehensive understanding of the intricacies of international tax law and practice. It allowed me to delve into complex legal issues, conduct in-depth research, and contribute to the evolving body of knowledge in this field. This academic journey not only honed my research and analytical skills but assisted me in my dealing of litigation challenges before the Courts while arguing complex issues.
Becoming a Fellow with the Chartered Institute of Arbitrators is a pivotal step in my Arbitration career. This globally recognized qualification not only enhanced my credibility as an arbitrator / practitioner but also exposed me to diverse Arbitration and Award Writing perspectives as well as international best practices in the field. It was a transformative experience that broadened my horizons and equipped me with the skills necessary to handle intricate International arbitrations and disputes.
In essence, these academic achievements have been instrumental in shaping my career by providing me with the knowledge, skills, and global perspective needed to excel in these specialized and rapidly evolving fields.
As the Founder Partner of DRSB Law Chambers, you’ve had an impressive career. Could you tell us about some of the significant milestones or cases that have defined your journey in the legal profession?
Founding and leading DRSB Law Chambers has indeed been a remarkable journey , and I’m proud of the milestones and cases that have defined the Chambers. It’s been more than a decade, so there have been many jewels and it’s a uniquely difficult task to pick out a select few but I’ll highlight two.
One notable case involved representing a Construction corporation in a complex 1000 Crore construction arbitration dispute. This case tested our expertise in not just the legal but the technical aspects around the much talked about Ashram Metro Station. The nuances argued before a 3-SC judges’ panel (retd.) was a challenging but ultimately successful endeavor that showcased the Chambers’ dedication to achieving the best outcomes for our clients as well as meticulous application of the law to the complicated facts.
Another milestone was successfully arguing a transfer pricing case before the Delhi HC on the issue of comparables wherein the uphill task was to distinguish our case with the then settled law pertaining to the ‘question of law’ surrounding the issue of comparables. The facts were not only legally intricate but also strategically significant for our client, an international MNC, given its implications for previous and next several years.
You’re known for your expertise in Domestic & International Arbitration and EPC Construction Claims. What drew you to these particular practice areas, and what challenges have you faced in handling such complex disputes?
My focus on Domestic & International Arbitration and EPC Construction Claims was driven by a combination of factors, as these practice areas have indeed presented both unique opportunities and encounters in my legal career.
The attraction to Domestic & International Arbitration emerged from my early experiences with a few established senior advocates practicing in this area. I was captivated by the idea of resolving disputes outside the traditional courtroom setting, especially in the context of infrastructure disputes. EPC (Engineering, Procurement, and Construction) Construction Claims, became an area of specialization due to the intricate and multi-faceted nature of construction projects. These claims involve complex contractual relationships, technical specifications, and often span multiple jurisdictions. My interest in this area grew as I realized the critical role it played in large-scale infrastructure and development projects worldwide.
While these practice areas have been rewarding, they do come with their fair share of challenges.
In EPC Construction Claims, the complexity lies in dissecting intricate technical details and translating them into legal arguments. Ensuring that both legal and technical aspects align in a claim can be a delicate balance. Additionally, construction claims often involve substantial sums of money, which adds pressure to deliver successful outcomes for clients, especially when involving ongoing projects.
Moreover, the evolving landscape of domestic & international arbitration laws and rules requires practitioners like myself to stay constantly updated and adapt to new norms and regulations. Keeping abreast of these changes while maintaining the highest standards of legal representation is a continuous challenge and opportunity for growth.
In summary, my attraction to Domestic & International Arbitration and EPC Construction Claims stemmed from a fascination with efficient dispute resolution and the complexity of construction projects and though the process can be demanding but eventually, also immensely gratifying.
With your involvement in various legal associations and committees, such as the Chartered Institute of Arbitrators (CIArb), Society for Construction Law (SCL) and the International Fiscal Association (IFA), how have these affiliations contributed to your professional growth and knowledge in the field of arbitration?
My involvement in various legal associations and committees, including the Chartered Institute of Arbitrators (CIArb), Society for Construction Law (SCL), and the International Fiscal Association (IFA), has been instrumental in my professional growth and has significantly enriched my knowledge in my fields.
First and foremost, these affiliations have provided me with invaluable opportunities to network and collaborate with leading experts and practitioners in their respective fields. Being part of CIArb, especially as the Core Committee Member of the YMG (Young Member Group), for instance, has allowed me to engage with a global community of arbitration professionals and mentor young(er) minds. These connections have not only broadened my perspective but have also facilitated the exchange of best practices and innovative ideas in the realm of arbitration. CIArb has the unique distinction of offering excellent mentorship led by Dr. Bhasin, Tejas Karia, Nusrat Hasan and Vyapak Desai, amongst others.
Furthermore, my involvement in the Society for Construction Law under the tutelage of Mr. Ratan Singh has been profoundly interesting, being in a category of a distinct few organizations of entirely focusing on the niche area of construction arbitration both domestic & international. Additionally, participation in these associations has granted me access to a wealth of resources and continuing qualification opportunities. Whether it’s attending seminars, conferences, or accessing specialized publications, these platforms have enabled me to stay updated with the latest developments and emerging trends in arbitration and related areas.
On the other end of the spectrum, two tax spearheads, Mr. Ajay Vohra & Mr. Mukesh Bhutani propelled me towards the IFA membership, where I am currently the Vice-Chairman [IFA India-NRC]. It has provided me with unique insights into the intersection of domestic & International taxation perspectives. This multidisciplinary exposure has been invaluable in understanding the complex legal landscape surrounding working and finance mechanisms of multinational companies, especially when it comes to addressing taxation issues.
These affiliations have also allowed me to contribute actively to the legal community by sharing my knowledge and experiences. Whether it’s through speaking engagements, publications, networking opportunities or committee work, I’ve had the privilege of giving back to the profession and promoting excellence in the field. In summary, my involvement in legal associations and committees, such as CIArb, SCL, and IFA, has been a catalyst for my professional growth.
You’ve presided as the Sole Arbitrator under the administration of DIAC and Delhi High Court appointments. Can you walk us through your experience in this role and some key takeaways from your time as an arbitrator?
Serving as a Sole Arbitrator appointed by the Delhi High Court and under the administration of DIAC (Delhi International Arbitration Centre) has been a fulfilling and enlightening experience. It has allowed me to witness first-hand the dynamics of dispute resolution from a neutral perspective. At the outset, it is easier said than done because once you don the hat of an Arbitrator, you have to ensure impartiality and neutrality on one hand while ensuring procedural efficiency and effective communication on the other hand.
It is essential to approach each case with an open mind, without any preconceived notions or biases. The realization that donned over me while sitting as an Arbitrator in a construction dispute, is combing through the complex factual aspects disputes assessing evidence, and documentary proof, which is crucial for rendering just awards. Fact-Finding Skills is indispensable to the process, especially while drafting the Award. Crafting a clear, comprehensive, and well-reasoned award is the final and critical step in the arbitration process, even in cases where the parties are settling and the Arbitrator is called upon to provide a settlement Award like in my case. The award should reflect the arbitrator’s understanding of the case and the legal principles applied.
In summary, my experience as a Sole Arbitrator has reinforced the importance of impartiality, procedural efficiency, effective communication, legal expertise, fact-finding skills, and adaptability. It has been a continuous journey of learning and growth, and I remain committed to upholding the highest standards of arbitration practice in all my future appointments as well.
In addition to being an advocate in the Supreme Court of India and High Courts, you’re also a voracious writer & author. Could you share some insights into this aspect compared to traditional legal advocacy?
Being both an advocate in the Courts and a writer/ author has been a rewarding dual journey that has allowed me to explore the legal profession from two distinct but complementary angles, where both the legal advocacy and writing complement each other. I have written several articles and even a Book, and this passion for writing and authorship allows me to engage with legal topics on a broader scale, and not just from the limited perspectives of an argument before the court.
Through articles, books, and legal commentary, I can explore complex legal issues in greater depth and detail. Writing provides a platform to share knowledge, insights, and analysis with a wider audience, including fellow legal professionals, scholars, and the public. It allows for a more contemplative and in-depth exploration of legal concepts and developments.
In fact, I feel writing and legal advocacy are not mutually exclusive but rather complementary. Writing enhances my advocacy skills by deepening my understanding of legal principles, enabling me to stay updated with legal developments, and improving my ability to communicate complex ideas clearly. It also helps in building a reputation as a thought leader in specific areas of law, which can enhance credibility as an advocate.
Both legal advocacy and writing offer personal fulfillment, but in different ways. Advocacy provides the satisfaction of directly representing clients and securing favorable outcomes for them. Writing, on the other hand, offers the joy of intellectual exploration and the opportunity to contribute to the legal body of knowledge.
In summary, the roles of an advocate and a writer/author are complementary facets of my legal career and I implore all young professionals starting their careers to embark upon their own writing expeditions.
Finally, as someone with a wealth of experience in commercial law and arbitration, what advice would you give to fresh law graduates who are just starting their legal careers, especially those who may be interested in pursuing a path similar to yours in arbitration and dispute resolution?
To fresh law graduates embarking on their legal careers, especially those considering a path in arbitration and dispute resolution, I offer the following advice:
1. Build a Strong Foundation – Begin by building a solid foundation in the fundamentals of law. Understand the core legal principles, procedures, and jurisprudence. This strong base will serve as the bedrock for your future endeavors.
2. Embrace Continuous Learning – The legal field is ever-evolving. Stay committed to lifelong learning. Attend seminars, workshops, and courses to keep abreast of legal developments, especially in the area of arbitration.
3. Seek Mentorship – Find mentors who can guide you in your legal journey. Experienced mentors can provide invaluable insights, advice, and opportunities for growth.
4. Develop Advocacy Skills – Whether you are interested in arbitration or litigation, honing your advocacy skills is essential. Practice public speaking, persuasive writing, and argumentation. These skills will serve you well in any legal field.
5. Pursue Alternative Dispute Resolution (ADR) Training – If you are interested in arbitration and dispute resolution, consider pursuing specialized training in ADR methods. This can include courses on arbitration, mediation, and negotiation.
In the end be patient and persistent and don’t be discouraged by setbacks or challenges. Also, consider engaging in pro bono work or community service ,as it is not only a way to contribute to society but also an opportunity to gain valuable experience and make a positive impact. Remember that your legal career is a journey, and each step, whether big or small, contributes to your growth and expertise.
Ma’am to start this conversation , could you please tell us about how you ended up pursuing law and becoming a senior advocate in the Supreme Court of India? What inspired you to choose this path ?
Well to begin with, during my school days, my academic strength in subjects related to social science, played a significant role in my fondness towards law. To add to this , later on in my career , my interest in law was sparked again while I was preparing for the Civil Services Exam right after my graduation. I believe my familiarity with these subjects provided me with a strong foundation. During my preparation for the Civil Services Exam , I encountered various legal issues, and this too fascinated me with the intricate legal system of India and the role it played/has been playing in shaping the country’s political and social landscape.
I got lucky with the internships and opportunities that I was able to find, these not only helped me develop my knowledge but also helped me with my analytical and argumentative skills.
Thereafter I worked hard to establish myself as a competent and dedicated lawyer, and eventually my efforts paid off when I was introduced to the Supreme Court of India.
I also believe that having a role model is essential for success in any profession, and I look up to many stalwarts of the legal fraternity as my own role models. Individuals like Honourable CJI DY Chandrachud Sir , Former ASG Aman Lekhi Sir , my mentor, my guru, Sr Adv Harish Salve Sir, and Sr Adv Kapil Sibal Sir have made significant contributions to the legal profession, and I admire their expertise and insights.
These things have sort of persuaded me to pursue a fascinating career in law and I am really looking forward to being one of the facets of the custodian of Law.
You have worked on several high-profile cases at the Supreme Court of India , Can you share with us one case that you found particularly challenging or interesting , Why?
Out of all the matters that I was/am a part of , I believe the matter quoted as Lysosomal Storage Disorders Vs State of Karnataka Union of India stood apart and holds a special mention here , It was challenging as well as interesting for me to deep into the intricacies of the case. Also because it dealt with one of the rarest diseases that one can get , especially In a Country like India where even basic health facilities/amenities are difficult to find under right to life , at the same time there’s so much of chaos between govt and society where horizon of right to life is overlooked; The treatment of such disease require huge amount ; The Govt at one end in its response can’t aid every single case (LSD case) regularly; On the other hand – Concept of Distributive Justice git highlighted in the above case.
Your work involves coordinating with various law enforcement agencies and government ministries. How do you ensure that you remain impartial and unbiased in your work despite working closely with these organizations?
In the context of an advocate , Impartiality stresses on the absence of favor or prejudice , at the same time unbiased favor implies even more strongly on the absence of all kinds of prejudice. It is essential for advocates to prioritize the principles of justice and fairness to uphold the integrity of the legal profession.
Well I take a lot from “The Nolan committee” that promotes Seven Principles of Public Life that serve as Guide for civil servants of Public life- Selflessness , Objectivity , Integrity , Honesty , Leadership , Openness , Accountability.
If you inculcate all these things , you will tend to serve the purpose .
In your opinion, what are some of the biggest challenges facing the legal profession in India today, and how do you see them being addressed in the future?
Well there are many to list but few of the significant challenges that the legal system face:
a)Competency of Law graduates/ Lawyers -The quality of legal education in India is another challenge. It is crucial to focus on enhancing the curriculum, promoting experiential learning, and ensuring that law schools produce competent and skilled professionals.
b)Access to Justice for underprivileged- Access to justice remains a challenge, particularly for marginalized and underprivileged communities
c)No of cases pending (backlog cases)
d)Technological Advancements ( Courtesy COVID we have been able to add to this )
e) Legal Reforms
f) Ethics and Professionalism
Majority of these challenges can be addressed or rather are being addressed by taking adequate steps for example Intro of e-filing , e-courts , case management systems , spreading awareness among underprivileged , a lot of initiatives are also being taken by the Ministry of Law and Justice. Out of all these challenges , I strongly believe that upholding high ethical standards and professionalism is extremely vital while exercising our duties ; We as stakeholders need to set value enriched path or legacy rather for all our subordinates ; Addressing these challenges requires a collaborative effort from various stakeholders, including legal professionals, policymakers, educational institutions, and the judiciary.
Lastly, what advice would you give to aspiring lawyers who want to make a difference in society and pursue a career in public interest law?
Well to all those young and aspiring lawyers especially who don’t come from the legal background , I would advise them to take keen interest in the legal happenings and the working system of the courts from their initial college days , even if they don’t want to get into litigation.
To all those who see themselves in Litigation :
Read as many case- laws as possible, target your years right after your college , look for opportunities available at the offices of Senior Advocates. This is a profession that requires a mentor / guru in order to help you get exposure.
I would recommend them to start taking pro- bono matters , this will not only help to boost your confidence but will also help in understanding the nitty gritties of the legal profession.
Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become.
Please tell us about your journey and how you ended up pursuing a career in law?
I am a classic example of the profession finding a person rather than a person actively seeking it out. In 1996, I found myself enrolling at ILS Law College in Pune, not because I had a deep understanding of the legal field or a predetermined plan, but simply because my elder sister was studying law. Little did I know that this seemingly serendipitous decision would set the stage for a remarkable journey.
It was on the first day of my professional life, while working at Hindustan Lever (now Hindustan Unilever), that I experienced a moment of clarity. A senior colleague posed a legal question to me, and as I drew upon my foundational knowledge and connected the dots to provide a meaningful answer, I felt a surge of excitement. It was in that moment that I discovered the exhilaration of applying legal theory to real-world situations.
Since that interesting moment, my journey as a lawyer has been a whirlwind of excitement and fulfilment. Each day presents new challenges, intriguing legal matters, and the opportunity to make a positive impact on the lives of others. Guiding individuals through complex legal cases and providing advisory services has allowed me to contribute to their well-being and shape their future.
Not only that, but I’ve also had the opportunity to shape corporate decision-making, influence individual choices, and even participate in national-level policymaking. Being able to play a role in these important spheres has been truly rewarding.
Reflecting on my journey, I carry a unique perspective as someone who ventured into this field without familial connections or a predetermined path. This perspective, shaped by my experiences, adds a fresh and diverse outlook to my approach as a lawyer.
You have an impressive educational background, including a Bachelor of Civil Law from the University of Oxford. How did this experience shape your career and expertise in the field of law?
My experience studying at Oxford was a transformative journey that taught me important life lessons. When it comes to pursuing education at premier institutions like Oxford, discipline becomes a cornerstone. You’ll find yourself balancing coursework, social activities, extracurriculars, and taking care of your well-being all at once. It may seem overwhelming, but remember, these aspects are interconnected. Embrace the challenge and learn to manage your time effectively. Pay attention to every detail, develop a keen eye, and engage actively in class discussions. This discipline will serve you well beyond your academic pursuits.
Another crucial quality to cultivate is perseverance. The courses, especially the rigorous BCL program, demand unwavering commitment. It’s easy to feel overwhelmed but keep pushing forward. Develop a resilient attitude and maintain a strong sense of determination. Remember, progress requires persistence. The ability to persevere through difficult times will not only benefit your academic journey but also prove invaluable in your future endeavours.
Studying at esteemed institutions like Oxford goes beyond academic knowledge. It fosters adaptability, a skill that will serve you in any profession or sphere of life. You’ll gain a broader understanding of the world and its inner workings, expanding your perspectives and enhancing your problem-solving abilities.
While some may be enticed by tangible benefits such as placements at prestigious law firms, it’s essential to stay true to your aspirations. If your goal, like mine, is to litigate at a specific court, prioritize your path accordingly. Focus on developing the discipline to handle complex cases, irrespective of their scale, and pay meticulous attention to detail. This dedication will build the foundation for a successful and impactful career.
Finally, cherish the opportunities to learn from renowned experts. I was fortunate enough to study competition law under a world-renowned master. The knowledge I gained at Oxford empowered me to apply my skills to real-world cases in the field of competition law. Embrace such opportunities, as they can truly shape your professional trajectory.
Remember, the journey of studying at a premier institution like Oxford offers far more than academic excellence. It imparts essential qualities such as discipline, perseverance, adaptability, and a global perspective. Embrace these qualities, remain true to your aspirations, and seize every opportunity for growth and impact.
As an Advocate on Record at the Supreme Court of India, could you share some insights into the nature of your work and the responsibilities that come with this position?
When assuming the role of an Advocate on Record (AOR) at the Supreme Court, it is crucial to understand the immense responsibility that accompanies it. As an AOR, one must develop strong shoulders to bear this weight of responsibility. Simultaneously, this role helps in advancing one’s legal practice and opens up various opportunities for professional growth and recognition. By shouldering this weight of responsibility, AORs can expand their horizons, gain access to challenging cases, and establish themselves as reputable advocates in the legal fraternity.
One of the primary responsibilities is drafting meticulous pleadings to be filed before the Supreme Court. It is essential to ensure fairness in practice, both towards opposing AORs and counsel, as well as towards the Court and the Registry. Care must be taken not to sign any Special Leave Petition (SLP) or other proceedings in a careless manner. Thorough research of the law is necessary, along with the duty to assist the Court in shaping and developing legal principles. It is important to distil the facts from lower courts and present them clearly and concisely in the pleadings. Remember, written advocacy is just as crucial as oral arguments.
Being an AOR requires long hours of dedicated work. One must have a deep understanding of the facts and present them before the court in a concise manner. It’s important to note that courts usually rely on what is presented before them, whether it is spoken or in writing. Losing the confidence of the court is something every professional wants to avoid.
In simple terms, an AOR is the master of their clients’ cases before the Supreme Court. In situations where the engaged counsel may face difficulties, the AOR must be fully prepared to continue with the matter. Being an AOR is not solely about signing and filing the Vakalatnama, but instead taking full ownership and responsibility for the cases at hand.
With over 22 years of experience in corporate and commercial laws, energy law, infrastructure, and more, what are some of the most interesting cases or projects you have worked on throughout your career?
Over the years I’ve learned that every case is interesting and carries significant importance for the client, regardless of its size or the client’s profile. However, here are some of the many immemorable cases I fought.
Imagine being entrusted with a case early in your career where a client was accused of stealing highly confidential information from their employer. The stakes were sky-high, with damages claimed at a staggering Rs. 1,200 Crores. It was like diving into an intense legal thriller, crafting a compelling defence strategy, and manoeuvring through the twists and turns of the legal battlefield. Witnessing our strategy unfold successfully and delivering a resounding victory was an exhilarating experience.
In another captivating case, I found myself challenging the dominance of a corporate giant, Coal India. The case involved allegations of abuse of power, and the monetary implications were substantial. It was like stepping into the shoes of a legal protagonist, meticulously preparing our arguments, and presenting our case before the Competition Commission of India. I am happy to say that we secured a favourable order.
But it’s not just about the big cases with large financial stakes. Some of the most fascinating moments in my career have emerged from seemingly modest matters. I vividly recall representing a co-generation power producer, fighting to establish fair tariffs, and navigating the complex regulatory landscape. This journey opened my eyes to the intricate technicalities of the power industry and led to a landmark decision that not only shaped policy but also brought about a tangible positive change.
There have been heart-touching encounters in the courtroom where I’ve stood up for ship crews abandoned by their owners. These were stories of resilience and compassion, as we fought to secure their rights and bring them back home. The feeling of making a difference in their lives was immeasurable, and it reminded me of the power of the law to protect the vulnerable.
These anecdotes provide a glimpse into the exciting world of the legal profession, where every case is a story waiting to unfold. I believe in combining my legal expertise with a deep sense of empathy and determination to seek justice.
You have extensive experience in international Arbitrations. Can you provide some examples of the types of arbitration cases you have been involved in, particularly in the areas of EPC projects, energy projects, and shipping?
Here are some examples of the types of arbitration cases I have been involved in, particularly in the areas of EPC projects, energy projects, and shipping:
I have represented clients in an arbitration case before the Singapore International Arbitration Centre (SIAC) involving a claim related to the design of an engineering product. The dispute centred around issues of design defects, performance, and contractual obligations.
In a domestic arbitration matter, I handled a case concerning a power plant construction project. The dispute revolved around delays in the project, resulting in significant damages. My role involved analysing project management issues, contract interpretation, and assessing damages for the delayed completion.
I have been involved in several domestic commercial recovery arbitrations. These cases typically involved disputes between commercial entities seeking to recover financial losses or damages due to breaches of contract, non-payment, or other contractual disputes.
One of the cases I worked on involved the construction of a crane, where issues of alleged design flaws and delays were at the forefront. I focused on establishing liability for the delay damages and quantifying the losses suffered by the client.
In another arbitration case, I handled delays and damages in an HVAC (Heating, Ventilation, and Air Conditioning) project. This dispute required a thorough analysis of project scheduling, performance issues, and assessing damages resulting from the delays.
I also handled an arbitration case related to an EPC project involving the design and construction of a road tunnel and highway. The dispute centred around design issues and delays, and my role involved establishing liability for the delays and quantifying the resulting damages.
In the shipping industry, I represented clients in arbitration matters, including a case involving a dispute regarding the rescue of a crew at sea. This case required an understanding of maritime law, contractual obligations, and assessing damages for the rescue operation.
I have been involved in multiple tariff and regulatory issues concerning power projects, including those involving different sources and capacities. These cases have encompassed a range of issues, such as contract disputes, performance evaluation, and assessing damages in relation to power generation and distribution.
Additionally, I have handled arbitration matters involving disputes related to confidential information. These cases involved protecting sensitive information, analysing confidentiality agreements, and resolving disputes arising from the unauthorized disclosure or misuse of confidential data.
In addition to your legal practice, you have also served as a former Standing Counsel for the State of Uttar Pradesh to the Supreme Court of India and a Law Officer at Hindustan Unilever Limited. How have these roles contributed to your overall professional growth and expertise?
Throughout my professional journey, I have had the privilege of serving in two distinct roles that have significantly contributed to my overall growth and expertise. Firstly, as a Law Officer at Hindustan Unilever Limited (HUL), I had the unique opportunity to learn how to balance the legal requirements of the business with its commercial needs. In this role, I got the opportunity to be involved in conducting legal research, supporting compliance efforts, being in the field with business functions to understand how the company’s business is conducted, being involved in court cases, and assisting in contract review and drafting.
Working with the government and representing it before the Supreme Court of India was another invaluable experience. This role provided me with the platform to present the government’s perspective in court and advocate for its policies. It gave me the chance to dispel misconceptions and demonstrate that the government is not solely focused on wrongdoing but rather strives for the welfare of its citizens. In this role, I was involved in a diverse range of cases, covering a wide spectrum of legal areas. From matters related to irrigation policy, bail applications, and shareholding issues of government enterprises, to constitutional validity challenges against regulations and policies, I gained exposure to a myriad of legal scenarios.
These experiences have instilled in me an important attitude that one cannot afford to be overly technical while advising clients. As lawyers, we must always consider the practical aspects and implications of our legal counsel. Both my roles taught me the significance of understanding the business and governmental context in which legal advice is sought. By bridging the gap between theoretical legal knowledge and real-world applications, I was able to provide comprehensive and practical guidance to my clients.
These roles have allowed me to develop a well-rounded skill set, encompassing a balance between legal considerations and commercial realities, as well as a deep understanding of governmental policies and their implications. I am confident that the diverse range of cases and the holistic approach I have cultivated will continue to contribute significantly to my future endeavours in the legal profession.
Considering your diverse areas of expertise, what advice would you give to aspiring lawyers who are interested in specializing in areas such as arbitration, energy law, or competition law?
If you’re a budding lawyer with a keen interest in specializing in areas like arbitration, energy law, or competition law, here’s some valuable advice for you. Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law. Take up diverse opportunities and get a taste of various practice areas. This will give you a broader understanding of the legal world and help you figure out what truly grabs your attention. Keeping an open mind during this exploration phase will allow you to make a well-informed decision when the time comes to choose your specialization.
While theoretical knowledge is important, lack of practical experience is the real deal-breaker. It’s not just about what you learn in textbooks or lectures; it’s about getting your hands dirty in the real world of law. Seek out internships, clerkships, or part-time positions that allow you to roll up your sleeves and immerse yourself in the practical aspects of arbitration, energy law, or competition law. By diving into real-world cases and projects, you’ll gain first-hand experience and discover whether these specialized areas truly resonate with you.
When it comes to choosing your specialization, trust your gut and follow your passion. Think about the areas of law that excite you the most. Consider the kind of impact you want to make and the issues that genuinely ignite your curiosity. Whether it’s fighting for fair resolutions through arbitration, delving into the complexities of energy law, or ensuring a level playing field in the marketplace, pick a specialization that aligns with your authentic interests and values.
Remember, every field of law has its own unique opportunities and challenges. By exploring different practice areas, gaining practical experience, and staying true to your passions, you’ll be well-prepared to make an informed decision about specializing in any field.
In your opinion, what are some of the key challenges that the legal profession faces today, and how can young lawyers navigate these challenges effectively?
One of the significant challenges that young lawyers and even experienced lawyers often face is the collection of fees for their legal services. This issue can have a profound impact on their professional and personal lives. However, they are generally discussed behind closed doors due to the attached stigma. Fee collection can be a complex and time-consuming process, leading to financial strain and affecting their mental well-being.
Many lawyers find themselves grappling with the task of chasing down payments from clients. This can involve spending valuable time and resources in follow-ups and negotiations, which can be frustrating and demanding. Furthermore, some clients may be reluctant or unable to pay, resulting in additional complications and financial instability for the lawyer.
In fact, understanding the importance of addressing this challenge, I have taken the initiative to create awareness and find solutions for effective fee collection. I have started a campaign or movement that aims to shed light on the significance of timely and transparent fee collection in the legal profession. By fostering open discussions and providing a platform for fellow professionals to share their experiences and concerns, we strive to create a supportive environment within the legal community.
Another significant challenge is the misconception that a deep understanding of the law alone is sufficient for being a successful lawyer. While legal knowledge is essential, practical advocacy skills require a blend of psychological intelligence, creativity, and real-world experience. Many young lawyers are initially shocked by the harsh practical reality, which may lead to feelings of dejection. However, it is crucial for them to embrace these challenges as opportunities for growth, understanding that trial and error is a valuable part of the learning process. Letting go of the mentality of striving for perfection or the typical topper syndrome is essential. Young lawyers should focus on continuous improvement and be willing to learn from their experiences.
With the constantly evolving legal landscape, particularly in areas such as data protection laws and competition law, how do you stay updated with the latest developments and ensure that your expertise remains relevant?
When it comes to staying updated with the constantly evolving legal landscape, in any field I believe the following helps:
Stay informed through extensive reading: Develop a habit of reading extensively, including legal journals, blogs, and other relevant resources. The more you read, the better equipped you’ll be to understand the latest developments and gain valuable insights.
Engage in discussions: Seek opportunities to engage with like-minded individuals. Participate in discussions with such people. Never shy away from clearing doubts and seeking clarification from experienced professionals in the field. Engaging in discussions and networking with like-minded individuals will further enhance your understanding and broaden your perspective.
Embrace continuous learning: Treat learning as an ongoing process. Attend conferences, seminars, and workshops to learn from industry leaders and gain insights into emerging trends, case studies, and practical applications.
Harness online resources: Take advantage of the digital world. Explore online legal databases, research portals, and reputable websites that provide real-time updates and relevant insights. These resources are easily accessible and can provide you with a wealth of information to stay current.
Finally, looking back at your successful career, what are some of the personal values or principles that have guided you along the way, and how have they influenced your approach to practicing law?
When reflecting on my fulfilling career, I attribute much of it to the personal values and principles that have guided me along the way. These principles have shaped my approach to practicing law, and I believe they can be beneficial to aspiring lawyers as well.
First and foremost, I have always embraced the power of grit and a strong work ethic. These qualities have been the driving force behind my actions, allowing me to overcome challenges and persevere in the face of adversity. As a first-generation lawyer, I learned early on the importance of hard work and determination in carving my own path.
Integrity is another principle that has been central to my practice. I firmly believe in keeping my integrity on track, as it serves as the foundation for trust and credibility. Integrity; like salt, may not always be noticed when it is present, but its absence will undoubtedly be discussed. By upholding the highest ethical standards, I have built lasting relationships with clients and colleagues based on trust and respect.
Persistence and self-belief have also played a significant role in my journey. There have been moments when the results of my efforts were not immediately evident. But by maintaining persistence and a thirst for self-improvement, we can achieve remarkable growth and reach new heights.
Believing in oneself and having confidence is key to thriving in the legal profession. While external validation may offer a temporary boost, true success comes from within. Treating each matter with due diligence, regardless of its size, and keeping the clients’ best interests in mind have been guiding principles for me. Recognizing the impact of a case on the lives of those involved allows me to approach each situation with the necessary care and dedication.
As a first-generation lawyer, I have learned to view competition as an opportunity for growth rather than a threat. I have studied the positive attributes of talented individuals in my field and used them as inspiration to enhance my skills. I firmly believe that there is always room at the top of the pyramid for those who dare to dream big. Breaking through glass ceilings and challenging perceived limitations is not only possible but necessary for personal and professional advancement.
As you embark on your own journey in the legal profession, particularly as a first-generation lawyer, my advice to you is to embrace these principles. Let grit, integrity, persistence, self-belief, and a healthy approach to competition guide your path. And remember, as a first-generation lawyer, you possess a unique perspective and strength that can drive you to excel. By incorporating these values into your practice, you will not only achieve success, but you will also make a lasting impact in the lives of your clients and contribute to the advancement of the legal field.
You’ve presided over debating societies and have been a part of MUNs since your school days. You have also served as the President of the Debating Society at St. Stephen’s College as well as a debate coach to students at Vasant Valley School, New Delhi. Did your inclination towards debating and public speaking make law a natural career option?
Since school, I had participated in and enjoyed theatre, debating, and any other co-curricular activity which involved interacting with people or facing an audience. Growing up, I developed a keen interest in politics and participating in debate competitions meant deliberating upon topical issues of relevance pertaining to both national and international affairs. So, I would say that I was interested in becoming a lawyer since school, but my initial interest in criminal law was triggered at Stephen’s, while reading for history, through my study of the intersection between penal and coercive processes of the colonial rule. My gravitation towards law was a culmination of all the of the above: my flare for debating & public speaking coupled with my study of Indian history!
You graduated with LL.B. from Delhi University and then went on to pursue BCL, you also pursued double Masters from the University of Oxford and Harvard Law School. Can you tell us about your experience at these various world-renowned alma maters?
My experience as a law student at Campus Law Centre, Delhi University, was exciting and enriching. Faculty of Law, Delhi University was like India in a microcosm: a melting pot of diversities. I met students with varied ideological beliefs and opinions. Apart from academic exposure to law, my three years at CLC offered me a real & practical insight into student politics and election campaigning.
My two years at Oxford, academically, were instrumental in giving me a legal and theoretical insight into the functioning of different criminal justice systems. During the BCL, my study of the relationship between criminal justice, security, and human rights helped me understand the interplay between intersecting but ostensibly competing rights of liberty and security, especially in cases of terrorism. Courses such as Children, Families, and the State, helped me gain a foundational understanding of Children’s rights and agency and the way legal systems should accommodate their interests. The MSc, on the other hand, helped me understand the sociological context in which crime occurs and explore both qualitative and quantitative research methodologies in the field of criminal justice.
At Harvard, I decided to venture out of my comfort zone and explore different facets of criminal law through my study of white-collar criminal and cyber-criminal law. Additionally, the Harvard LLM provided me with the opportunity to study Fintech & its interaction with different legal systems in the world. As somebody who had no prior knowledge about Fintech, Blockchain or Cryptocurrency- the course provided me with the unique opportunity to learn about how emerging technology impacts extant legal systems and regulation.
Apart from the academic exposure, I also had the opportunity of making life-long friendships and being mentored by some of the best professors. This made my time there enjoyable and wholesome.
The Rhodes Scholarship is the oldest and perhaps the most prestigious international scholarship programme in the world. Could you suggest to our readers an ideal roadmap to qualify as a Rhodes Scholar?
Simply put, there is no specific roadmap. The Rhodes Scholarship, more than anything, is about authenticity: about unapologetically being yourself. Applying for the scholarship was not a knee-jerk decision for me. In my first year at CLC, I had decided that I wanted to pursue my master’s from an International University. I worked towards that goal for the next three years and finally applied for the scholarship in 2015. During the application process and my interviews, I realised that there is no prototype of a Rhodes scholar: anybody and everybody can and should apply. I think the commitment to service, humility, authenticity, and perseverance are the four pillars of the scholarship. This belief was further strengthened when I met Rhodes Scholars from across the world at Oxford- we were all very different from each other! The only thing in common between us was our collective and individual desire to give back to society.
What would you advise to all the forthcoming applicants who are applying to universities abroad?
Firstly, the decision to pursue your education outside India should not be an impulsive one. It should be well-thought-out and deliberated upon as the application process is extremely tedious and fastidious. It requires a lot of dedication and time.
Secondly, I would recommend extensive research before you begin the process. I spent months just reading up about universities in the United States and the United Kingdom to understand their admission processes, requirements and, more importantly, to gauge the academic ethos of the Universities. The American process is quite different from the English one in terms of SOP focus and academic/extra-curricular requirements. After this, I read up on all the potential scholarships that I was eligible for. Subsequent to this, I prepared a list of my preferred Universities and the scholarships I wanted to apply for. Once my groundwork was done, I had dived into the application process. This helped me streamline the entire process, which can otherwise be a bit overwhelming and daunting.
You have worked as a legal consultant to HAQ – Centre for Child Rights. You have also served as the Convener of the Legal Aid Society. Speaking, retrospectively how can law students make a difference when it comes to legal aid and legal-social work?
My work with the Legal Aid Society and then with HAQ (2018-2019) gave me direct exposure into the actual working of the criminal and the juvenile justice system in India. It additionally also gave me the necessary insight into the systemic challenges faced by our criminal justice system. Particularly, my research projects with the Delhi State Legal Services Authority shed light on the several institutionalised impediments faced by the incarcerated in actualising their legal entitlements and the general apathy of the justice system to prisoner rights and well-being. My work as a paralegal also made me aware of the paucity of research into the causes of criminogenic behaviour and the general gap between academic research and praxis in the field of criminal law.
Law students are in a remarkable position to facilitate change at both the ground level through fieldwork and through the law in courts. Exposure to fieldwork is essential for lawyers and law students alike to discern the complex challenges faced by our criminal justice system in order to craft a purposive and humanised approach or to create feasible/sustainable interventions. Law school is a great place to garner this experience- law students should volunteer as much as they can during their study of the law. I believe legal aid work prepares you for litigation in courts in India.
You are presently working as an Associate at Bharucha and Partners in the Litigation & Disputes Team. Could you highlight how a foreign LLM helped you in litigation? How has your experience in litigation been since you returned from Harvard?
My academic experience helps in legal research and in developing submissions and arguments grounded in legal jurisprudence. The LLM trains one to discern the fundamental legal principle behind an issue. It also inculcates the skill to analyse and organise voluminous material in a coherent manner.
Upon my return to India last September, I hoped to work and broaden my experience in criminal litigation, with a special focus on white-collar criminal law, anti-corruption, governance, and international financial crimes. Bharucha & Partners’ Litigation & Disputes Team was the perfect fit- a small team with a lot of criminal trial work. The litigation team, led by Mr. D.P. Singh and Ms. Sonam Gupta, specializes in white-collar crimes and regularly appears before Courts and Tribunals in cases involving both domestic and international financial crimes and general criminal law. Under their collective tutelage, I have had the chance to appear across all levels of the adjudicatory process.
You recently cleared the New York Bar examination and the England & Wales (MCT) Examination and will be qualified to practice in three jurisdictions soon. Could you throw light on the process to register for bar examinations outside India and how to prepare for the same?
I qualified for the Indian Bar in 2016. I sat for both the New York and England & Wales Bar (MCT) examinations this year.
To be eligible to sit for the New York Bar Exam, you need to have an LLM from an American Law School. Further, you need to dedicate approximately 12 credits to the Bar Exam during your LLM. On the other hand, you don’t require an LLM to sit for the England & Wales Examination. You only need to be a lawyer qualified to practice in a common-law jurisdiction.
It was challenging to manage my preparation with work, and it wouldn’t have been possible without the unconditional support of my team. Preparation for both exams is extremely arduous- especially, New York. Both examinations require consistent dedication and a lot of discipline. I used to devote 4-5 hours during weekdays and approximately 10-12 hours a day during the weekends.
You have also been invited by International Organisations such as WIPO and leading law schools in India to deliver guest lectures on Fintech & Emerging Tech. Your work has also been published in international journals. Are you interested in simultaneously pursuing a career in academia?
I am definitely interested in contributing as visiting faculty at universities and law schools in India. I have been fortunate enough to be invited by some law schools in this regard. Further, I really enjoy legal research and legal writing. Going forward, I would like to write and publish more on topical legal issues. I feel this provides an opportunity to conduct in-depth research on a particular area of law and to pen legal arguments in a cogent manner which in turn helps gain clarity on the law. Similarly, teaching a subject also sharpens your understanding of a particular area of law as you explain the concepts in a simple way (often through illustrations and examples) to students.
What does your legal career trajectory look like? What advice would you have for law students & young lawyers who want to pursue a legal career in a similar direction to yours?
Honestly, my heart lies in child rights and juvenile justice, but I hope to garner as much experience as I can in the next 4-5 years in different areas of law before jumping back into it and establishing my own practice. Eventually, joining politics is also on the cards.
I think my advice is that law students and young lawyers shouldn’t be in a hurry to specialise. There is merit in being a generalist rather than a specialist early on in your legal career. Second, be kind to yourself during the process. I have a hard time practising this as well, so this is my advice to myself too. Failure is inevitable, and you need to keep at it despite it. Third, invest in your friendships and relationships. Take out time for people who matter. Don’t prioritize work over your mental & emotional well-being. On your worst days, your investment in your friendships will always come through.
