Spot Light Interview
1. How has your understanding of the Indian legal system
evolved over your career, and what key legal principles do you consider most
vital in your practice?
VNS: The hard work put in formative years of law practice is
instrumental in developing knowledge of the Indian Legal System. The system is
highly fluid and so should be the way to learn and evolve, however, the
underlying principle of understanding the legal system is universal and is
achieved by employing various methods. Back in the day, and even now, I read
judgments passed by the Supreme Court and side by side read and understand the
provisions of law referred in the judgments. Thereupon, I would create short
summary in pointers to keep the knowledge as a pill and discuss with my
friends, mates, colleagues and seniors. This method helped me in developing
great understanding. Over the years, this habit took shape as marvel in
understanding the law and processes.
There
are no legal principles required in law practice, but methods of understanding,
acquiring and sustaining the legal knowledge. Important is as to how to apply
the acquired knowledge, which mainly comes with experience. Experience makes
you commit lesser mistakes.
2. In your view, how has the Indian law evolved over the
years, particularly in terms of constitutional interpretations and landmark
legal judgments?
VNS: The use of sophisticated
technology has, in the grand scheme of things, made the higher judiciary more
efficient and considerably reduced the time taken for adjudication of disputes.
In terms of constitutional interpretations and landmark judgments, it has also
given judges and lawyers access to data and information from around the world,
which, in turn, has helped them make more informed decisions. When I started my
career two decades ago, my arguments were primarily based on the interpretation
of statutes and precedents. Now, the scope of my written submissions has
increased manifold, as we incorporate data, judgments, and opinions from
different jurisdictions around the world to support our points. For instance,
in a recent case of national importance, my written submission before the
Supreme Court of India was based on data and research conducted by agencies
such as the CIA and the Economic Task Force of the United States. Similarly, in
the recent verdict passed by the Supreme Court on the same-sex marriage issue,
the learned Additional Solicitor General (Ld. ASG) relied on research papers authored
by some of the finest psychologists and academicians to support her arguments.
Two decades ago, having access to data of this nature would have been next to
impossible.
3. Can you discuss the role of PIL in shaping the Indian
legal landscape and contributing to social justice?
VNS: Public
Interest Litigation, known as PIL, is a concept that is unique to our country.
As the largest democracy in the world, boasting the highest number of voters,
it is essential that the voices of these voters are heard in the Apex Court or
the High Courts. Unlike any other country, our nation has made access to the
Apex Court or the High Courts remarkably easy.
In a federal structure of governance, it is natural
for functions to overlap. Over the years, PIL has played a pivotal role in
strengthening the capabilities of the Judiciary. The judiciary has evolved into
an activist institution, effectively fulfilling its role without infringing on
the domain of the democratically elected legislature. The system of checks and
balances within the Constitution ensures that PILs advance the cause of justice
without encroaching on the functions of other parts of the federal system.
Recent judgments by the constitutional benches on numerous matters of national
importance underscore this point.
The role of the Apex court is multifaceted, primarily
involving the interpretation of laws rather than the creation of new ones, as
reiterated by the top judges in several judgments. The court's ability to
maintain the separation of powers while actively promoting social justice is
something the modern world has never witnessed before.
The KS Puttuswamy Judgment is one of the finest
judgements of the recent era, which highlights the role of judiciary in using
tools of interpretation to expand the scope of laws that already exist.
4. What challenges do you foresee in the effective
implementation and outcomes of PIL in the future, and how can these be
addressed?
VNS:
The judiciary's role involves interpreting the constitutionality of laws
enacted by the legislature, declaring laws, those go against the spirit of the
Constitution, as unconstitutional after careful investigation and advising the
legislature when new laws are needed for a specific purpose.
In the grand scheme
of things, the issue comes down to the implementation of such laws. Many times,
the legislature may not act upon the judiciary's advice or may delay the
implementation process with technical excuses. There have also been occasions
where judicial activism caused problems. For example, examining data on the
number of cases filed after the triple talaq judgment shows a significant
decline in case filings. Women activists suggest that this could be due to
stricter punishments imposed on husbands, leading to hesitation in filing
cases.
5. How do you envision technology transforming the legal
profession in India, particularly in terms of case management, legal research,
and virtual court proceedings. And, what precautions or adaptations do you
believe are necessary to maintain ethics and the sanctity of legal practice in
a technologically advancing legal world?
VNS:
Technology is set to transform the legal profession in India, particularly in
case management, legal research, and virtual court proceedings. We can expect
streamlined case management, faster processing, and improved transparency
through automation. Legal research will become more efficient and precise with
AI-powered tools and expansive legal databases. However, as we embrace virtual
court proceedings, it's crucial to maintain ethical standards and the dignity
of our profession. Robust cybersecurity, digital literacy, ethical AI usage,
and adherence to professional standards are necessary. Technology should also
enhance access to justice, ensuring that its benefits reach all communities. In
summary, while technology offers great potential, its adoption requires
responsible measures to preserve the integrity of our legal practice.
6. How crucial is mentorship and continual learning in
the legal profession, and how has it influenced your career?
VNS:
The early days of my career were filled with financial challenges as I entered
this profession independently, without any family support. Fortunately, I found
a position under the esteemed late Mr. Dipankar P. Gupta, Senior Advocate the
former Solicitor General of India, and received invaluable guidance and
mentorship from late Mr. Arun Jaitley, the Union Law Minister of that time. I
had great working experience with Mr. Harry Chawla, who is presently the
Managing Partner of the Law Firm - Luthra & Luthra. Their expert tutelage
launched my professional journey, allowing me to represent and advocate for
numerous cases of national importance, and offer counsel to Cabinet Ministers
and Parliament members.
In
recent times, I've had the privilege of connecting with young, passionate legal
minds from all over the country through social media. I often receive messages
from anxious and lost law students, which I promptly address to assist with
their concerns.
About
a year and a half ago, a young, first-generation lawyer on the verge of leaving
the legal profession for good reached out to me on LinkedIn. He had lost all
hope and saw an internship at my office as his last chance in law. Now, 1.5
years later, he's still associated with my chambers and is more passionate
about law than ever. And there are many similar real stories.
To
combat the issue of young minds leaving the profession prematurely, I've
initiated a program to encourage and guide young lawyers, known as VNS Kutumb.
I am happy to say that following my initiative, a few Senior Counsels have
started similar efforts for welfare of 1st generation lawyers, which I see as a
beginning only.
7. What do you identify as the most pressing legal
challenges faced by India today, and what solutions or approaches do you
propose to address them?
VNS: India
confronts a set of deeply entrenched legal challenges, and a closer look
reveals their specific dimensions. The backlog in our judiciary, for instance,
stands at over 35-45 million cases, highlighting the pressing need for
modernization, an increase in the number of judges, and an emphasis on
alternative dispute resolution methods. In rural areas, Most of the population
still struggles to access legal services, underscoring the urgency of expanding
legal aid programs and enhancing legal education, while leveraging technology
to bridge the gap. The quality of judges is required to be improved in numerous
areas where judges are unable to dispose of cases or write judgments properly.
A trend of passing the buck (cases) is quite high in Indian judiciary, that
needs to be nipped.
Within the criminal justice system, cases often take
years to reach resolution, with over 50% of undertrials awaiting trial for more
than six months or for years. This calls for comprehensive reforms to ensure a
timely and fair trial, as well as measures to address prison overcrowding.
Women's safety and gender equality issues are of
paramount importance, with the reported crimes against women still being very
high as compared to other countries. The legal response needs to be more
robust, with improved legislation against gender-based violence,
gender-sensitive legal proceedings, and comprehensive awareness programs.
Addressing these challenges involves data-driven legal
reforms, targeted capacity building within the legal system, and the strategic
application of technology to expedite processes. Legal education should
incorporate ethical conduct and social responsibility. Collaborative efforts
are vital, involving the government, legal professionals, civil society, and
the judiciary to implement data-backed solutions and forge a more equitable and
just legal system for India.
8. How do you envision the Indian legal landscape in the
next decade, and what role do you see yourself playing in it?
VNS:
We stand at the cusp of a transformative era, an important moment for the legal
fraternity. Our nation's legal industry, valued at over USD 1.3 billion in 2018
(which is not even 1% of the global legal industry), is destined for growth
like never before. As the world's youngest economy and the fastest-growing, our
potential is boundless. And as seniors, we are at the heart of this
transformation. But it's not just about the numbers or the economy. Our role
goes beyond the courtroom; it's about shaping the very fabric of our society,
by guiding the future of our country and this profession.
In this evolving
legal environment, my role will be twofold. Firstly, I will adapt to and
embrace technological advancements to enhance the quality of my legal work.
Secondly, I am committed to mentorship and guiding emerging legal
professionals, helping them thrive in this changing landscape. Through these
efforts, I aim to contribute to the development of a more equitable and just
legal system in India, one that aligns with the principles of justice, ethics,
and the rule of law.