1. To begin with, kindly tell us a bit about yourself and your journey in the profession.
I was born on 9-7-1958 at Lucknow. Back then, my father was in government service, and was posted at Faizabad. I got my primary education at Canossa Convent High School, Faizabad. Thereafter, I completed my Intermediate from Christ Church College, Kanpur. I obtained the degree of BSc from Lucknow University in 1977. Following this, I went to Allahabad University from where I pursued LLB in 1981. On 23-12-1981 I was enrolled as an advocate in Bar Council of U.P., and started practising before the Allahabad High Court, primarily in civil, constitutional, company and service matters. On 7-1-2004, I was elevated to the Bench as an Additional Judge of the Allahabad High Court, and subsequently became a permanent Judge on 18-8-2005. I continued to serve in that capacity for 14 years, when I was appointed as Chief Justice of the Punjab and Haryana High Court on 3-6-2018. On 23-9-2019, I was appointed as a Judge of the Supreme Court and served in that capacity until my superannuation on 8-7-2023. In my career of 41 years i.e. 22 years on the Bar and 19 years on the Bench, I have seen many ups and downs; but I can say that so far, there has not been a dull day in my life.
2. When did you decide to pursue law and what were your motivations? Did you always know what you wanted to do, or did you take things as they came?
Well, that is an interesting question. Initially, after passing my BSc examination in 1977, I was planning to prepare for civil services. But as it is said that sometimes, a single meeting can change the course of one’s life. For me, that meeting was in October of that year with my mentor Late Mr Gyanendra Nath Verma, who was a celebrated member of the Allahabad Bar, and fortunately my maternal uncle as well. Verma Sahib, as he was fondly called, had come to Kanpur to pay his condolences on the death of my grandmother, when he asked about my future plans. Upon learning of my ambitions for civil services, he advised me to come to Allahabad as it had the most congenial atmosphere for the preparation of Civil Services Examination, and that in the meantime, I should get enrolled in LLB course in Allahabad University. I followed his advice and came to Allahabad and took admission in LLB course at the Allahabad University. After interacting with him for barely about three months, I was so inspired that I dropped the idea of civil services and decided to take up law as my career. Verma Sahib was a celebrated lawyer and enjoyed respect from all segments of Allahabad’s society. He was a man of literary pursuits and was a patron/founding member of several socio-cultural associations. On weekends, he used to host Mushairas and other cultural events at his residence. While Verma Sahib’s lifestyle, and the respect enjoyed by him in the society did play a role in me taking up law, what inspired me the most was the idea that my daily job would help touch the lives of so many. After obtaining my LLB degree in 1981, I joined his chamber as his junior.
3. You obtained the three-year LLB degree from the Allahabad University. What did your law school life look like?
Law school life during those days was entirely different from what it is today. The facilities and the training modules now available to the students of five-year law course were not available during those days. We just used to have theory classes of various subjects of law. Exposure to the practical world was not there, and things like internships and moot courts were unheard of. After obtaining a law degree from a university, anybody choosing to practise had to just plunge into the profession without any exposure to the practical aspects. Talking of career opportunities, judicial service, litigation and academics were the only fields that were available for a law graduate. There was no scope of corporate jobs. When one went to the court only with a law degree without any exposure to the practical aspects, it was the senior’s chamber and the court where one would learn the nuances. In the present time, the situation is completely different. Besides academics, students pursue internships and participate in moot courts during their law school, which gives them a good exposure to the practical world and increases their future career prospects. The development of corporate sector has provided a sea of opportunities to students. Besides this, what I have observed over the last two decades is that a lot of talented youngsters are joining litigation and are doing very well.
4. You had an illustrious career as an advocate spanning over 20+ years. How was that experience like? Do you find any difference in the way young litigators practice law today, and back in the day?
Over the last 42 years, legal profession has undergone a humongous change. I would first share my experience at the Bar and then talk about the changes that have occurred over time. As I mentioned earlier, from 1981, I practised before the Allahabad High Court, primarily in civil, constitutional, company and service matters until, my elevation in 2004. During this period, I was the Standing Counsel for several companies and bodies including Yarn Co. Ltd., Kanpur, Northern Railway, Primary Cooperative Bank Ltd., U.P. State Textile Corporation Ltd., Kanpur, U.P. Cooperative Spinning Mills Federation Ltd., Kanpur and Bundelkhand University.
When I started practising in 1981, there were around 2000-3000 lawyers practising in Allahabad High Court. The number has risen exponentially over the years, and today, around 16,000 lawyers are practising there. Back then, litigation was usually limited to civil, criminal, constitutional, company, service and revenue matters. However, with the rapid development of law, several new branches such as corporate law, consumer law, intellectual property rights (IPR), sports law, artificial intelligence, etc., litigation has increased greatly. Apart from this, the opening of specialised tribunals for matters relating to companies, administration, electricity, real estate, customs & excise, armed forces, etc. and the development of alternative dispute resolution (ADR) have also provided multiple fora for young lawyers to establish themselves and not be limited to the Supreme Court, High Court or District Court only.
Another important aspect which I would like to mention is the changes brought in by the advent of technology. Back in the day, we used to search for case laws manually by reading commentaries, law journals and digests, and make handwritten notes. A crucial task was to identify overruled cases which we did with the help of a list of overruled cases which was published annually, or while referring to some judgment which had overruled an earlier judgment. Petitions, appeals, written submissions and other documents had to be typewritten on a manual typewriter. Today, although commentaries and print journals are still very much in use and remain indispensable, but the advancement in information technology has also brought online research tools like SCC OnLine, which have made legal research very convenient. With the help of these tools, one can refer to a wide range of sources (even international sources) while researching, and that too in a short span of time and at any location in the world. Earlier, this would have required a large amount of time, money and resources. The typewriter is almost dead now and has been succeeded by its grandchild i.e. computer.
The use of information technology is not only limited to legal research but has also penetrated the functioning of courts. Today, the Supreme Court and most of the High Courts have been (and are still being) digitised. Judges now sit with a laptop or a tablet kept on the dais, and so does the counsel who is arguing his case. Not only this, the system of videoconferencing has enabled lawyers to appear before the court virtually, even if they are thousands of miles away physically, as well as the live streaming of court proceedings has made them more accessible.
5. What are some common mistakes that young lawyers make when appearing before a High Court or the Supreme Court?
The most common mistake which young lawyers make is appearing without a thorough preparation of their brief even in respect of the factual aspects of the case, let alone the legal aspects.
6. How did Judgeship come about for you? What were your considerations/motivations while taking up Judgeship?
Dispensation of justice is considered a divine function across all faiths. The offer of Judgeship came to me on its own, which I accepted, thinking it to be God’s will. I have been fortunate to be entrusted with this delegated divine function i.e. dispensation of justice.
7. There have been a lot of debates on the challenges faced by a first-generation lawyer in the legal industry. What is your take on that?
When I joined the Bar in 1981, the legal profession was, to some extent, still an elite preserve. There were not many law colleges in the country, and almost all of them were government colleges/universities. Today, legal profession has become much more popular and there are many good law colleges/universities across the country, both Government and private, offering a wide range of subjects. The introduction of five-year law course as well as many career paths that are available after obtaining a law degree, have also encouraged youngsters to pursue law.
When it comes to litigation, the first five to ten years are really challenging because you are still in the process of setting up your independent practice, and there is no fixed income. Rather, one has to often face a cash crunch in the initial years. This makes the road even more difficult to tread. When it comes to first generation lawyers, it has to be accepted that the challenges faced by them are more than those faced by someone from a legal background, for obvious reasons. Due to this fact, a lot of first-generation lawyers who can be brilliant litigators, end up taking other jobs which offer more stability and financial security in the initial years. I would say that as an effort to overcome these challenges, such youngsters should try to become well connected both professionally and socially, because it is essential in the legal profession and especially in this age of competitiveness. A good way of doing this is to start pursuing internships from early years of law school as well as participate in extracurricular activities. If one is able to successfully cross the ten-year mark in litigation, then he/she will reach great heights, because it is said, “in litigation, sky is the limit”.
8. Recently, there seems to be a divide between the students of National Law Universities (NLUs) and students from traditional law colleges. Do you think the law college one goes to, matters in that sense?
Well, this is nothing but a misconception of the recent times. The prime factors on which one should be judged are his knowledge, merit, hard work and sincerity; and not whether he is an NLU graduate or a non-NLU graduate. If you see, all legal luminaries of the present days (and even the past ones) are non-NLU students, since there were no NLUs back then. Therefore, what really matters in the legal profession is your legal acumen and your efficiency, regardless of whether you are an NLU graduate or a non-NLU graduate.
9. Finally, do you have any words of advice for law students and young lawyers? Is there anything you would like to share with our readers?
I would urge the students to study well during their law course as well as actively pursue internships and participate in moot-courts and other extra-curricular activities. This will enable them to become well-acquainted with the practical side of law before they enter the legal profession. Students should be avid readers of not just law and law-related topics, but should also be well-versed with other subjects and literature too. This will help enhance their personality, vision, and will eventually improve their argumentative ability. In their free time, students should go to the court and learn by observing the proceedings and arguments. They should read judgments and be well aware of the latest case laws and statutory developments. One more thing that I would like to add is that, students should develop a constant habit of reading newspaper. By newspaper, I am not only referring to the print version, but also to e-paper or online news portals. The idea is to be aware of the current affairs, as well as develop a perspective by reading articles.
They should be sincere and committed towards the profession. Besides, two values which should form the core of their personality are honesty and humbleness. No matter wherever you reach in life, these ideals should always be followed by you. They will take you to great heights.
