BEYOND READING AND WRITING
Always hear, Read, contemplate FOR YOURSELF, and then act.
Hear in office. Hear in Court. Hear outside Court. Hear everywhere.
Art of Advocacy
A very interesting lecture by Senior Advocate, Mr. Janak Dwarkadas where he talks of his journey in law and gives some important takeaways for practitioners.
He shares that advocacy is arguing without arguing and advocacy starts where lawyering ends. He believes that anticipation and observance are key tools to harness for an advocate. A trust with bar and bench should be developed. Simplicity in terms of thought and expression is always appreciated. A list of dates and events should be given special attention. He suggests first drafting the evidence affidavit as the client presents and then drafting the plaint. For more, you know where to click…
Struggle to Success
If you wonder about your journey in law, this engaging lecture by Senior Advocate, Mr. Aspi Chinoy where he shares his journey in the legal profession.
He shares that when he joined the profession he had very low expectations and therefore every little opportunity was like a gold windfall. In starting, a young advocate makes every smallest mistake in his mind a disproportionate burden. He advises that you must read, re-read and re-read and think, re-think, and re-think. In his lecture, he attempts to connect with the thoughts of junior advocates while advancing a career in this profession which makes hearing him an enriching experience. So, hear it out here…
Struggle to Success
Another interesting lecture by Senior Advocate, Mr. R. A. Dada wherein he remembers his early days in the profession of law. He indicates the journey to be a battle and suggests that battle must be fought and the battle must be won. He urges not to give up as there is always a light at the end of the tunnel.
In this journey, he opines not to engage themselves in bar debates where politics, religion, judges, and advocates are commented on and discussed. A debate on these points will make you enemies as everybody believes his opinion to be right and often final. He further advises being always prepared with briefs so that you can respond when opportunity knocks on your door. He finds the legal profession unique when he notes that two shopkeepers who compete with each other may not talk to each other but two lawyers who compete with each other sit next to each other. For more, hear the first-hand experience here…
Struggle to Success
Dream, Dream, Dream. You should build the castles in the air and then build a firm foundation below them. It is then your life starts. An interesting lecture by Smt. R. S. Dalvi, Former Judge, Bombay High Court wherein she briefly shares her journey in law and appeals to us to make difference in the system.
Justice Dalvi advises that getting to the real concern of a client is very important. She considered taking adjournment as a botch on herself as it in her opinion takes away the substratum of lawyers, who are supposed to argue. She advises grabbing all possible opportunities like client-counseling mediators, teaching, and court commissioners. She shares that many subjects go with the law and principles of these subjects, particularly business management can go a long way in solving the issues of pendency of cases in the Indian courts. To hear directly from her, click on the link below…
Judiciary vs. Legislature [Debate]
Brief Background: Article 124(2) and 217 of the Indian Constitution empowers the President of India with the power to appoint the judges of the Supreme Court and High Courts, respectively. Article 124 provides that the President shall appoint the judges of the Supreme Court in consultation with the Chief Justice of India (CJI) and other judges of the Supreme Court and the High Courts as the President of India may deem necessary. Furthermore, Article 217 provides that the judges of the High Courts are to be appointed by the President in consultation with the CJI, the Governor of the concerned state, and the Chief Justice of that High Court.
In the First Judges Case namely, S.P. Gupta v. Union of India the Supreme Court of India by a 4:3 majority held that the President of India is not bound by the opinion of the Chief Justice of India (CJI) as the word consultation means exchange of views and not a concurrence. Subsequently, in the year 1993, a nine-judge bench of the Supreme Court in the Second Judge Case, namely, S.C. Advocates on Record Association v. Union of India by 7:2 held that the word consultation means concurrence. However, CJI has to consult 2 senior-most judges of the Supreme Court and High Court for respective appointments.
Following it, in 1998, the Supreme Court of India in Re Presidential Reference, the Supreme Court held that the word consultation meant consultation with the plurality of judges including CJI. It held that the appointments are to be made by a collegium of 5 judges (CJI + 4 Senior-most judges of the Supreme Court).
Lastly, the Government enacted 99th Constitutional Amendment Act, 2014, and established the National Judicial Appointment Commission. The judges were to be appointed by a collegium composing CJI, 2 senior-most judges of the Supreme Court, Union Minister of Law and Justice, and 2 other eminent persons. These 2 eminent persons were to be appointed by a committee comprising of CJI, Prime Minister, and Leader of Opposition in the Lok Sabha. In the year 2015, the Supreme Court in the Fourth Judges Case, namely, Supreme Court Advocates-on-Record Association and another v. Union of India, 2015 struct down the Act by a majority of 4:1 and restored the collegium of judges as existing before the amendment. It is this decision of the Court which have been argued in the following link. To taste a better understanding and nuances behind the decisions hear it out in complete… (This video has been removed from the channel of Times Now on YouTube and would be made available whenever it appears again. Presently the substance of it may be understood from these two links – Link 1 and Link 2]
Guardian Angel of Fundamental Rights
Another interesting lecture by Hon’ble Justice Rohinton Fali Nariman. In his lectures, he briefly introduces the Preamble, Fundamental Rights, and Directive Principles of State Policy under the Constitution of India, 1950 in terms of several judicial decisions.
With this background, he drives us through the evolution of the doctrine of implied limitation and basic structure in the Indian Constitution and the contribution made by Late Mr. Nani Ardeshir Palkhivala in the same. Over the course of his lecture, the determination of the question of whether the term ‘law’ under Article 13 includes a constitutional amendment under Article 368 of the Indian Constitution? This is been discussed with due reference to the First, Seventeenth, twenty-fourth, twenty-fifth, thirty-ninth, forty-first, and forty-second Constitutional Amendment, and decisions like Sri Sankari Prasad Singh Deo v. Union Of India and State of Bihar [AIR 1951 SC 458]; Sajjan Singh v. State Of Rajasthan [AIR 1965 SC 845]; Golaknath v. State Of Punjab [AIR 1967 SC 1643] Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. [(1973) 4 SCC 225] and others. To have an enriching experience click below and hear it out…
Art of Time Management
You might wonder, how does somebody manage time and many tasks on a given day. If you do, hear out this short interview of Senior Advocate, Dr. Abhishek Singhvi where he speaks on how he manages time and is able and finishes his all work set for the day.
He observes that multi-tasking has been both pain and joy in his life. It is not that he wishes to do it all the time but it is just he cannot survive without it. He wonders whether he has been unfortunate or blessed that he has had choices. Given this, time management has become a necessity. It has been self-preservatory in nature. Dr. Singhvi discusses his supercomputer which is a piece of paper wherein he notes his daily activities and future engagements. He advises to stay busy in doing important things and not with unimportant things. He believes that time management only brings you close to punctuality. He advises the following points to young professionals: [1] Hard work, [2] Broadly enjoy what you are doing, [3] Feel blessed with choices you have made, [4] Make possible targets and choices and don’t regret them, and [5] don’t sleep without planning your next day. For more, click below…
Why Constitution matters?
This is another interesting lecture by Senior Advocate, Mr Dushyant Dave wherein he forthrightly speaks on why the constitution matters in light of recent incidents and ever-burning issues like independence of judiciary and police.
Mr. Dave opines that the constitution provides a rule of law and is like blood in veins that flows without actually knowing it. He believes that Bar along with Media acts to check the functioning of the three organs of the government. He states that Bar and Bench are cornerstones for democracy and guardians of the constitution as it makes democracy breathe. He speaks on police encounters and states that encounters reflect a failure of the judiciary. He further speaks his mind on the possibility of structural reforms in judiciary and police, the concept of secularism, collegium system, reservation in judicial services, closure of courts in COVID-19, the appointment of jurists as judges, the role of the Governor in democracy, a separate bench of the Supreme Court in south India, and National Appellate Court. He believes that lawyers are part of the administration of justice which is an essential service. To hear more on what he said on these points including why he did not choose to serve as a judge, hear it out below…
Art of Advocacy
This is another interesting crispy lecture by Senior Advocate, Mr Kapil Sibal wherein he shares briefly yet illustratively discusses the art of advocacy which is basically an art of persuasion which further is further dependent on logic.
He states advocacy is a blend of many things and ways. He defines law as a tool that sets out parameters of relationships of individuals, communities, institutions, States, and inter-se thereof. Mr. Sibal advises everyone to understand this relationship. This relationship exists between husband and wife, buyer and seller, shareholder and stock regulator, and likewise. Moving forward, he suggests the following points for the art of persuasive advocacy: [1] Good knowledge of a variety of subjects, [2] Knowing your brief better than anyone else, [3] which comes with industry, [4] be present in court and never loss calm, [5] respect the court, judge, and opposing counsel [6] Courage with conviction [7] seize the opportunities, [8] read a statute along with human conduct as it is the basis of all laws, and lastly, keep your mind open like a parachute which makes a person land safely on the ground. To hear more on these points along with illustrations and experience, hear up the full lecture from the link shared below…
Why Constitution matters?
To note the omnipresence and ever-evolving of the Indian Constitution, this lecture by Hon’ble Justice D.Y. Chandrachud would be a good place to put our ears on.
In this lecture, he sends the message that for any brutality or violation of the right of any person, it is the Constitution which affected. While talking of a resilient constitution he shares its three key features, namely, inclusiveness, specificity, and flexibility. He pertinently notes that “we would miss the essence of the Constitution if we do not remember to dwell upon the institutions which the Constitution has created. Democracy thrives when institution thrives and democracy fails when institutions fail. So resilience lies not merely in placing the individual at forefront of its endeavors but in terms of creating vibrant institutions and it is these institutions which sustain our democratic structure.” While concluding he quotes Dr. B. R. Ambedkar and with an interesting anecdote states that Constitution matters even matters when you don’t believe in it or even when it does not matter to you. For finer points hear it out in complete from the link below…
Walk and issues in Advocacy
In this interview, Senior Advocate, Mrs. Indu Malhotra reflects on her journey in law and shares key factors for the growth of junior advocates.
She shares that teaching helped her in multi-fold ways. A career in litigation requires a lot of undivided attention to excel. Due to the paucity of time with everyone, she advises learning by watching others. She shares that an advocate should always be prepared with briefs even if you have to merely mention a matter. The judges may excuse a lack of knowledge of the law but not of facts. She shares that as a lawyer you get many opportunities by default and your state of preparedness only makes you grab these opportunities to the fullest. Additionally, she also speaks on multiple issues like procuring clients by young advocates, salaries of junior counsels, procuring internships, universities curriculum, the idealism of litigation, issues in the arbitration law, free legal services, and many more. This all has been discussed through an intense question-answer format which keeps you engaged all through. For further minutes of her experience, hear it in full…
Art of Cross-examination
Master your facts & law. Figure out what is admitted and what is denied. Do not touch the admitted and disprove the denial. An insightful lecture by Advocate Mr. Ashok Arora, Secretary, Supreme Court Bar Association on the Art of cross-examination.
Adv. Arora finds the words of William Shakespeare “world is a stage and we are performers” befitting for an advocate cross-examining a witness. An effective and fruitful cross-examination depends on your performance in Court. This performance is harnessed by regular self-growth whose horizons are unbound and multi-limed. He advises mastering your facts and mastering your own self. Moving forward, he shares that you should never repeat a question if you have got a favorable answer and if not you must know other ways to ask the same question. He speaks on the confrontation of witnesses to statements, stock witness, suggestive questions, and many more points with real-time examples in a lucid way. He advises “ego nhi rakhna par self-respect rakhna hai”. To further affiliate yourself with these intricacies of this art, hear the video from the link shared below…