Patience, Honesty, Diligence: Deepak Joshi’s Roadmap to Supreme Court Practice

Clarity comes from knowledge. Confidence stems from honesty.

Introduction

Mr Deepak Joshi² stands as a dedicated legal professional, serving as an Arguing Counsel and Advocate-on-Record before the Supreme Court of India. His commitment to the law is rooted in a strong academic foundation from the Campus Law Centre, Faculty of Law, University of Delhi, where he continues to deepen his expertise through doctoral research in Technology Law. His pursuit of excellence was previously recognised when he was awarded a gold medal upon graduating with an LLM, specialising in Criminal Law and Cybercrimes.

Mr Joshi’s journey into the legal profession was shaped by early formative experiences, including his tenure as a Legislative Assistants to Members of Parliament (LAMP) fellow. This role provided invaluable insights into the intricacies of public policy and legislative processes, working closely with an experienced Member of Parliament.

With notable expertise, particularly in Commercial Law and Technology Law, Mr Joshi navigates the complexities of the legal landscape across a wide spectrum of practice areas. His diligent representation spans constitutional, commercial, criminal, civil, arbitration, environmental, technology, cyber, intellectual property, consumer, and media and communication matters. He extends his practice across the original, appellate, and extraordinary jurisdictions of the Supreme Court of India and the Delhi High Court, frequently appearing before other High Courts, statutory tribunals such as the Consumer Disputes Redressal Commission, and regulatory bodies like the Competition Commission of India. His counsel is sought by a diverse clientele, including prominent public figures and multinational corporations, reflecting the trust placed in his capabilities.

Interview questions

1. What inspired your decision to study law, given your absence of a legal background or prior exposure to the field?

As the eldest son in a lower middle-class family, my initial goal was to secure a government job soon after my graduation. However, destiny had a different plan. Even before I could pursue those competitive examinations, a series of events led me to the entrance examination for the Delhi University (DU) LLB program during my final year of undergraduate studies.

I will be honest with your respected readers that my decision to sit for this examination was not born out of a long-held ambition or profound insight into the legal profession. Rather, it was a practical alternative, induced by the encouragement of a friend, for two good reasons. First, there were no other notable competitive examinations scheduled around that time. Second, the availability of evening classes at Law Centre 1 or Law Centre 2 facilitated the potentiality of pursuing employment alongside completing the degree. At that point, I was, to a large extent, unaware of the tremendous scope and extensive opportunities after getting the law degree.

My initial intention was, in fact, to opt for the evening classes. However, a good rank in the entrance examination and my friend’s persuasive bid for enrolling in the day classes at the Campus Law Centre (CLC) led me to enrol with CLC, with the understanding that a migration to the evening batch was a feasible option in case I secured employment.

The turning point came during the orientation program of LLB. I do not know what happened there that day, but the ideas of the guests and speakers of the day got engraved on my subconscious, and I completely changed my perspective about life and my future. By the end of the orientation program, life was not just about securing employment but about fighting for rights, liberties, and justice for others. That was the day when the seed of becoming an advocate sprouted within me, and since then I have always nurtured it in the hope that one day it will turn into a big tree giving support to others.

The journey since then has had moments of doubt, financial stress, and sleepless nights. But after that orientation, I never looked back. Looking back, I have learned that sometimes you just stroll on the unknown roads without inspiration to find your destiny.

2. There are various five-year law programs available, so what led you to opt for a three-year course? Was this choice a result of careful consideration, or did it come as an afterthought? Furthermore, could you share some insights into your experiences during your college days?

My decision to take up a three-year LLB program instead of the popular five-year courses was not a meticulous selection sprung from a comparative analysis at that specific juncture. It felt more like a path that was meant for me, aligning seamlessly with the fact that I had already completed a graduate degree. Thus, it emerged as a natural and destined evolution in my academic and personal journey.

I believe pursuing legal studies after an initial undergraduate degree offers vital advantages. The foundational knowledge and maturity acquired through prior university education equipped me with a broader and more nuanced perspective compared to the perspective I would have immediately after secondary schooling.

Campus Law Centre, where I pursued my LLB, bestowed an unparalleled experience. It furnished tremendous exposure to the core doctrines of law, the intricacies of legislative processes, and the practical functioning of the judiciary.

This path also allowed me to meet a peer group with specialised degrees and diverse life experiences. This created an intellectually intense atmosphere, where discussions and deliberations were remarkably thoughtful, insightful, and conducted with an admirable level of reasoned discourse.

3. How did you begin your preparation for the Advocate-on-Record examination, and what was your approach throughout the process? Being among the top 10 rankers is a significant achievement. What were some of the key challenges you encountered during your preparation, and what advice would you offer to legal professionals aiming to clear this exam?

As a practising advocate, one cannot simply step away from practice for long periods, as the professional duties come first. So, preparing for this exam requires tracking down a way to accommodate it into an already packed schedule. Balancing the intense demands of work, including drafting, court appearances, and client counselling, leaves little time for focused study. It demands self-discipline and mindful time management to make that work.

Another demanding task is the return to handwritten exams in a time when most of our legal work is done digitally. Most of the practising advocates are used to typing on computers or laptops. So, when faced with four long, handwritten papers, many will realise that their handwriting speed or legibility is not up to the mark. That can be a real hurdle. If your handwriting is not fast, you risk leaving answers incomplete or unattempted, and if your handwriting is not clear enough, it will be difficult for the examiners to read your responses. In my view, neat, legible handwriting leaves a positive impression, which might help get a few brownie points.

When I began my own preparation, I took a steady and gradual approach. My time at Campus Law Centre had already given me a strong foundation and a habit of reading judgments regularly. That habit emerged to be immensely helpful for this exam. I started with Paper IV — Leading Cases because it covers landmark constitutional, procedural, and substantive law principles that come up in other papers too. While going through the leading cases, I revisited the core statutes linked to the leading cases, especially the Constitution of India³, the Contempt of Courts Act, 1971⁴, the Supreme Court Rules, 2013⁵, and the Advocates Act, 1961⁶. This method helped me make connections across the remainder of the syllabus and provided me with a solid foundation.

After covering the syllabus of Leading Cases thoroughly, I continued with the syllabus of the remaining papers in a planned structure: first Paper I (Practice and Procedure), then Paper III (Advocacy and Professional Ethics), and finally Paper II (Drafting). This approach helped me stay organised and made sure I did not miss out on anything important.

Getting a good rank was definitely rewarding; it validated the hard work I put in, but my main goal was always to secure at least qualifying marks in all the papers of this examination. Passing the exam was the objective; the rank was simply a bonus that followed from consistent and disciplined effort.

For those aspiring to give the Advocate-on-Record exam, most of my advice is already reflected in the challenges and methods I have just described. But one thing I would like to emphasise, something I learned from my seniors, is to approach this exam with full sincerity. Do not treat it as just another qualification or designation. It is a serious responsibility. The Advocate-on-Record role carries real weight: it is about serving as a reliable, ethical bridge between the litigants and the Supreme Court of India.

4. Out of all the candidates selected in the Advocate-on-Record examination this year, you secured the highest marks in Paper II (Drafting). This paper includes a wide range of petitions, such as appeals, transfer petitions, review petitions, curated petitions, contempt petitions, original suit, written statement, statements of case, decrees, orders, writs, and other pleadings. How were you able to achieve this distinction, and what specific strategies or preparation methods did you adopt to excel in this particular paper?

I already told you that before I started pursuing it myself, I had no idea that litigation was such a remarkable career path. I was fortunate to secure an internship during the second year of my LLB with Ms Sunita Sharma, an Advocate-on-Record with over 25 years of experience at that time. She was generous enough to allow me to read office drafts and involve me in research and drafting work. That internship marked my first major exposure to the world of litigation. It was during this internship when I came across Supreme Court drafts such as special leave petitions (SLPs), writ petitions, counter affidavits, and transfer petitions, etc., for the first time. During this period itself, I began to aspire to becoming an Advocate-on-Record myself and practising in the Supreme Court of India.

I eventually had the opportunity to work as an intern for Ms Reena Singh, who was the Additional Advocate General of Uttar Pradesh at that time. This internship further expanded my perception. I had the opportunity to get my hands on extensive Supreme Court files and help my senior with research and drafting-related work. This experience significantly reinforced my resolve to become a litigating advocate. In retrospect, my preparation for Paper II (Drafting) of the Advocate-on-Record exam had already begun during my law school years. I have been lucky to maintain close relationships with my seniors ever since, and they have continued to assign me Supreme Court-related tasks, such as drafting assignments, which gave me real-world experience relevant for the examination.

One of the most crucial and challenging aspects of preparing for the Advocate-on-Record exam is time management, both during the study phase and inside the examination hall. It demands focused discipline to balance the exam’s uncompromising time restraints (typically 45 to 50 minutes per draft) with the necessity for accuracy in drafting. Throughout my journey, which comprised multiple rounds of peer review and 4 a.m. drafting sessions, I learned that humility and resolute effort are necessary for excelling in this exam in particular and advocacy in general.

5. Please elucidate the importance of the Digital Personal Data Protection Act, 2023, and its repercussions for businesses engaged in personal data processing. Considering the proliferation of similar data protection laws worldwide, what are your insights on how businesses will navigate and adapt to these evolving regulatory landscapes in the digital era?

The India’s Digital Personal Data Protection Act (DPDPA), 2023⁷, marks a significant step in how the country handles personal data in the digital world. It provides legal backing to the right to privacy in the digital space and sets up clear rules for how data should be collected, stored, and shared. The law defines roles for those who collect and manage data (data fiduciaries) and those whose data is being used (data principals), which helps build a system of trust between users and digital services. With this Act, India also demonstrates its intent to align with international data protection standards, making it easier to manage cross-border data flows.

For businesses in India, this law brings notable changes. They must adhere to strict rules, such as collecting only the data truly needed, utilising it only for defined purposes, and keeping it safe and secure. Consent of users must be clear, informed, and freely given. Companies must also make it easier for users to withdraw consent and demand for their data to be corrected or deleted. If there is a data breach, companies must report it both to the Data Protection Board and to the data principles.

Organisations labelled as significant data fiduciaries have even more responsibility. They need to appoint a Data Protection Officer (DPO), conduct impact assessments, and undergo regular audits. Not following the rules can result in heavy fines, making data protection a core part of business strategy.

Data privacy laws are also becoming stricter globally. As a result, businesses must adopt a consistent approach, establishing strong internal standards and adjusting them locally as needed. In today’s world, respecting users’ privacy is more than just following the law; it is a means of gaining trust, improving one’s reputation, and staying competitive in the digital economy.

6. As a former LAMP fellow, you had the opportunity to work closely with a Member of Parliament on public policy issues. How does public policy influence the legal field? Could you share any examples where public policy shaped laws or regulations?

Being a LAMP fellow gave me a front-row seat to how public policy and law go hand in hand. When you work closely with a Member of Parliament, you begin to see how decisions made in policy rooms shape the laws that affect all of us. Public policy refers to how the Government chooses to address major societal issues. And to put those plans into action they need laws. That is where the legal system comes in — not as a fixed set of rules, but as something that evolves and adapts to meet the needs of the people.

In my understanding, one of the main ways public policy influences law is through the creation of new legislation. Whenever there is a pressing issue or new concern, the Government sets goals to tackle it. Those goals often turn into new laws or updates to existing ones.

Judiciary’s primary role is to interpret and apply the law; Judges may consider the legislative intent and the public policy concerns that a statute was designed to address, especially when faced with ambiguity.

Talking about examples where public policy has shaped laws or regulations in India, there are a lot of such examples:

(i) Right to Information Act, 2005⁸.

(ii) Environment (Protection) Act, 1986⁹.

(iii) Digital Personal Data Protection Act, 2023.

(iv) Amendments to the Criminal Law concerning sexual offences [e.g., Criminal Law (Amendment) Act, 2013¹⁰].

These examples illustrate that laws and regulations are not created in a vacuum; they are dynamic reflections of a society’s evolving values and priorities and the Government’s policy responses to contemporary challenges.

7. How do you lead with clarity and confidence in challenging cases, balancing your own mental strength with the need to keep clients well-informed and grounded amid uncertainty?

Both life and the legal profession are full of uncertainties. No advocate can guarantee 100% success to a client, and I am no exception. I never make such promises. I do assure my clients, however, that I will approach their cases with sincerity, honesty, and diligence. I am committed to preparing all the cases thoroughly and presenting the strongest possible case before the Judge, utilising my knowledge and experience to the fullest. I make sure to maintain the client’s optimism regarding the results while taking into account the case’s facts, circumstances, and pertinent legal points. Having said that, the Judge is ultimately the one who renders the final decision. However, I make it very clear to my clients that I will always stand firmly with them in the cause of justice, and we will resolutely pursue the case in any available appellate forum if we do not get the desired results.

For me, clarity comes from knowledge. Confidence stems from honesty (both in my work and in my dealings with the clients). Mental strength is rooted in the diligent efforts I devote to every case file entrusted to me and from acquiring a profound understanding of both the facts and the legal issues involved.

8. The field of technology law is constantly evolving. How do you stay updated with the latest developments and trends in this dynamic domain? What resources or strategies would you recommend to legal professionals and law students seeking to specialise in technology law?

Working as an Advocate-on-Record in the Supreme Court with a focus on technology law requires continuous learning and adaptation. The way technology is advancing, it is essential to keep abreast of development. For me, keeping pace with this field entails three key things: staying informed of legal updates, being part of ongoing conversations in the legal and tech world, and learning directly through real-life court experiences.

I regularly read major Court decisions, especially those from the Supreme Court and the High Courts. I use platforms like SCC OnLine, Live Law, and Manupatra to keep up to date. I also keep up with new laws and regulations such as the Digital Personal Data Protection Act, 2023, amendments to the Information Technology Act, 2000, and regulatory updates from Ministry of Electronics and Information Technology (MeitY), Telecom Regulatory Authority of India (TRAI), and the Competition Commission of India (CCI). These updates aid me in understanding where things are going, whether it is with artificial intelligence (AI) regulation, data protection, or online safety. I also look at international laws such as the General Data Protection Regulation (GDPR) and the EU AI Act, which often impact Indian policy and judgments.

Second, I try to stay engaged in the larger conversation. I read journals, attend conferences, and engage in discussions with other lawyers, Judges, and technology experts. These interactions are invaluable for getting different viewpoints and understanding the real-world consequences of legal changes.

Third, my experience in court teaches me a lot. Handling cases involving AI, cryptocurrencies, or data privacy requires me to delve deeply into areas where the law is not fully settled. These cases require both legal knowledge and a creative approach.

My advice to anyone interested in pursuing a career in technology law is to first establish a solid foundation in key areas such as constitutional law, contracts, intellectual property rights, and criminal law. At the same time, learn about technology, take courses, keep up with policy updates from MeitY and TRAI, and read platforms such as SCC OnLine, Live Law, The Leaflet, SC Observer, and so on.

9. What emerging areas of law or novel legal challenges are you most looking forward to exploring in the near future?

With the rise of emerging technologies like artificial intelligence, the internet of things, blockchain, and cryptocurrency, we are now facing a wide range of new legal challenges. Questions are being raised about who is responsible when AI makes a mistake, how intellectual property rights apply to work created or assisted by AI, and how vulnerable internet of things (IoT) devices are to privacy breaches and cyber espionage. I am genuinely looking forward to analysing how the law continues to evolve and respond to such developments.

Growing influence of social media has completely transformed the way information spreads in today’s digital world. It has also brought forward problems like fake news and deepfakes, which our current laws are struggling to address. There is also a rising demand from the public for stronger and updated legal measures to deal with these challenges, while at the same time zealously protecting our Article 19 fundamental rights¹¹.

Lastly, the introduction of new laws, such as new criminal laws, and the Commercial Courts Act, 2015¹², often leads to legal discourse and fresh judicial interpretations. The courts are now looking at these laws in new ways, sometimes even giving rise to new principles and sometimes new legal doctrines. These developments unfold opportunities for profound legal reasoning and shape the future of our legal system in significant ways.

10. Lastly, what advice would you give to aspiring lawyers and legal professionals who are interested in pursuing a career in litigation, especially if they are first-generation lawyers?

To all first-generation, young, and aspiring lawyers keen on building a career in litigation, my advice is to imbibe within them the qualities — patience, honesty, and diligence — what I call “PHD”, and practice those with perseverance and sincerity. The real test of these qualities is during the uncertain phases of life’s journey, when you are walking an unclear path — when you are unsure of where it is heading or whether it is heading anywhere at all. There may be times when, despite giving your all, you find yourself starting over from scratch. You will face stretches of empty pockets, moments of self-doubt, and even days when you question your decision to pursue litigation altogether. On such days, when quitting litigation and taking a more stable job seems tempting, the above qualities will lift your morale and give you the strength to try again.

I will also recommend to your readers to make reading a constant practice and stay updated with the evolving laws and latest landmark judgments of the Supreme Court and the High Courts.

In conclusion, I firmly believe that clearing the Advocate-on-Record examination is not just about technical competence; it is about internalising the Supreme Court’s role as the guardian of the Constitution’s conscience.