BW LEGALWORLD OCTOBER 2022

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INDIAN
CRIMINAL

JUSTICE
SYSTEM
REQUIRES
A REVISIT

SATYA PAL SINGH BAGHEL

Union Minister of State,
Ministry of Law and Justice

INSIDE

Law School
Rankings 2022
30 Under 30 Best
Lawyers and Legal
Influencers 2021



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WINNERS

1st Row (from top row) (L-R): Adhip Kumar Ray, Aditya Malhotra, Akshat Singhal, Akshata Namjoshi, Akshay Sharma, Anshul Gupta
2nd Row (L-R): Anusha Srivastava, Apoorva Bose, Ashwij Suresh Ramaiah, Chirag Dhananjay Naik, Deeksha Malik, Devarshi Mukhopadhyay
3rd Row (L-R): Devika Menon, Dhruv Chawla, Gautam Suseel, Gibran Naushad, Kanika Arora, Kanwardeep Singh Kapany
4th Row (L-R):Mugdha Pande, Nishant Kulhari, Pallavi Kumar, Priyanka Murali, Rangam Sharma, Riya Agicha
5th Row (L-R):Rushab Aggarwal, Samikrith Rao Puskuri, Sarthak Maggon, Shashank Dewan, Shrreyans Mehta, Tanya Nayyar



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LIANWDISAC'SHTOOOLPS
2022

EDITOR-IN-CHIEF’S NOTE

The Best Legal Brains Today

The Indian education system, like the Indian

bureaucratic system, is Victorian and still in the 19th

Century. Professor Sugata Mitra

Annurag Batra While the staggering number of law schools in India-
more than 1,700 -churn out close to a lakh law
 [email protected] graduates every year, the quality of legal education
and the demand and skill gap is a cause for con-
cern. The rapid proliferation of new private colleges does not help
the cause either.

Even though the Supreme Court has repeatedly expressed the
need for overhauling the outdated system, signs of concrete pro-
gress are few and far between. It is important to recognise the
responsibility law schools have in reimagining the legal education
system in the country. From revamping the pedagogy to ensuring
that college libraries are bigger than college canteens, the onus of
effecting a change is on the educational institutions. And as a publi-
cation, we consider it our responsibility to recognise law schools
that are doing exceptional work in this direction.

We believe celebrating progress is a step towards encouraging
more institutional leaders to elevate the quality of legal education in
the country. The inaugural edition of BW Legal World Law School
Rankings 2022 is based on primary sources for institutes who
shared their data, secondary sources for those who did not respond
to our postal mail, government rankings, jury assessments and
inputs received from the legal profession as part of our due dili-
gence. The rankings aim to reflect the collective views of practition-
ers, academicians, general counsel, law firm partners, and legal
experts represented in our jury.

In this issue, we also celebrate the winners of the inaugural edi-
tion of BW Legal World’s 30 Under 30 Best Lawyers and Legal
Influencers of 2021. These promising members of the legal profes-
sion have made a name for themselves within a short span in their
careers. Their young but impactful journeys tell us that the future of
the Indian legal system is bright and shining.

Read our conversation with Prof. S.P. Baghel, Minister of State
for Law and Justice on law, policy and reforms. His captivating
thoughts give a sneak peek into the Modi government’s roadmap
for revamping the grey areas in law and procedure. Don’t miss the
insightful columns by leaders in India’s legal system, offering prac-
tical wisdom, from dwelling on the trials and tribulations of a liti-
gating lawyer to capturing the essence of cultivating super lawyers.

Happy Reading!



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CONTENTS

SCTOOVREYR

12 Legal Diaries 44 Cover Story NEED FOR A COMPREHENSIVE By Team BW Legal World
Words of the wise: Legal luminaries
share quick insights on future SATYA PAL SINGH BAGHEL, REVIEW OF THE
industry trends, success mantras Hon’ble Minister of State in the CSCOYRUSIMNTETINMRAYOLFJUTHSTEICEfdboMBIeynrailunitcgvhpioesheltnriefryNvtyl,emsaoyIrrnsesfeatdnLnettiadimaoowrnnafoaBpwMfnhotiodhtalhidertJaiiBcuctG—oWisaotutnihvncLeeeetarrgnrnytuaadmarllaknWcelsdunIonartimrrbdfledooipanr,uo.MtMSSbtrhiMetiAvnnartaTiiiinstsnr(eYttitPiroreAsyyrmurtoooeoPsfejfa.frA)inLnnSoSLtaiattafwoasSitatSfyieIatnttNa,inhatvdrGPteeoeasJHdjuluitunSsBsacttikAntiieccehgdGeenehHEL,
and more Ministry of Law and Justice talks
about initiatives envisaged by the TniTanmawhpttiehinhotsigWehannecnoaledahohNlvilasilalaeaneewaglrmttryaseehnnrmwyttierdemas8amoirtnnsat,oueaisyh,iownPMflhszhlneiaftrhzdcsitateoigsahatoiemriccdaesrsyhrhwhoikiresLtnahoauucaowMsu?haaippsau,hevtmhbtnleiynreeointecdeeoenitawriennstaeiblnoatspnomtihelankhtzsatltrinoesoaehntNc,atndinpheeopnieoasbooeerekmf.rtewyrdiamiTeicrspbN,neosciahulrlyrhtedenaeen,jceitrostr“subhwnteaieeNolmmrtnehweMktaatmdiooaeasiag,morttikhncdishaadssyaeitoaanhhiMnpjoyebacehskciersnedoiuaeieoahgn,sddfrgrvfoniaodisoenrnh.eartremehxdiecgssmhiareessikeeviacispt.ghtanoeiieeIehob.eunbidnnntmaFasnetadrlslatectwob,rienikirnnnrrlonnaiyodoagrhycf2itfeiselahhyo0evmykeisaedto1v.aoaa”hkii4nrydeaus-trr
14 Data at a Glance Modi Government for betterment
A look at the pendency of civil and of the justice delivery system and 44 | BW LEGAL WORLD | | Septembe 2022
criminal cases across the states of upliftment of Bharat—the rural India
India at the District and Taluka
Courts and High Courts of India. 34 Cross border Transactions ALUMNI Q&A
and Covid-19
18 How to Prepare for Law Firms Khaitan & Co writes it is advisable to Life at College and Beyond
of the Future remain cautious in cross-border
Shardul S. Shroff, Executive acquisitions as one navigates 64 Meghna Mishra
Chairman of Shardul Amarchand through global economic and Partner, Karanjawala & Co.;
Mangaldas delivers Keynote political instability. Alumna of CLC, Faculty of Law, DU;
Address at the BW Legal World
Conference on Future of Legal GUEST COLUMN: 66 Vaibhav Kakkar
Education in India Partner, Saraf & Partners;
36 Designing the Law of the Alumnus of NLU Jodhpur;
22 New Age Careers in Law Technological Future
Experts of the Industry talk new The future of law is technology-based 68 Sreerupa Chowdhury
career avenues on the horizon for and outcome-driven. Eric Winston, Co-founder & CEO, Flywork.io;
law students at the BW Legal World General Counsel, Mphasis writes on Alumnus of WBNUJS;
conference on Future of Legal ‘smarter’ legal work with AI and tech.
Education in India. 70 Akshata Namjoshi
IN CONVERSATION Associate Partner, KARM Legal
24 Trials & Tribulations Consultants; Alumna of NLIU Bhopal;
of a Litigator BW Legal World gets up close and
A look at why the road to litigation is personal with personalities par 72 Anuroop Omkar
hard to travel for our young legal excellence: Honorary Director, Bridge Policy
minds and first-generation lawyers. Think Tank; Alumnus of GNLU
38 Pramod Dubey,
26 The Playbook to Cultivate Senior Advocate CALL OUT THE BIASES
Super Lawyers of the Future
Dr. Ranbir Singh, founding VC of 40 Vani Mehta, 74 Nisha Kaur Uberoi, Partner, Trilegal
NLU Delhi sheds light on the GC-South Asia, GE shares her perspicacious views on
important tenets of becoming a Envisioning a Sustainable Tomorrow
successful lawyer LAW SCHOOL RANKING 2022: for Women with DEI at the Bar,
Bench & the Boardroom
28 Compliances Making 50 The Jury
Businesses Look Over
Their Shoulders 52 Rankings
Experts discuss crucial aspects that
need a constant watch when doing BW Legal World releases its inaugural
business in India. law School ranking celebrating the top
100 premier legal education institutes
30 Ordered Liberty: In light of the in India for their contribution toward
overruling of Roe V. Wade shaping the legal minds of the future.
Pallavi Pratap, Advocate-on-
Record, Hon’ble Supreme Court of 52 Three Things That Need to
India writes on the much talked Change in the Sphere of Legal
about judgment on women rights Education in India
around the world today.
In Conversation With Dr Ghayur Alam,
Dean, NLIU, Bhopal

10 | BW LEGAL WORLD | | October 2022

VOL. 01, ISSUE 03 OCTOBER 2022

78 120 40 UNDER 40

A Cut Above the Rest Out of the Top Drawer—

Through a trial by fire, eminent Jury finds the young brigade Jury Panel of 17 Finds 40 Under 40
of BW Legal World 30 Under 30 Best Lawyers and Legal
Influencers of 2021. Meet the young achievers inside. ICYMI: BW Legal World recognizes the bright

Winners stars who have left an indelible mark on the
80 Adhip Kumar Ray
legal landscape of India in their young career

spans. Up ahead are conversations with

some of our top drawer winners!

82 Akshat Singhal Winners

84 Akshata Namjoshi 122 Ameya Gokhale

86 Akshay Sharma 124 Amit Kumar Mishra

88 Anshul Gupta 126 Tanu Banerjee

90 Apoorva Bose 128 Vaibhav Kakkar

92 Ashwij Suresh Ramaiah 132 Good Reads

94 Chirag Dhananjay Naik Top Book Recommendations from
96 Deeksha Malik Our Guests to Satiate Your Minds

98 Devika Menon 134 Photo Essay
100 Gibran Naushad
102 Kanika Arora

104 Kanwardeep Singh Kapany The Influencers

106 Mugdha Pande ICYMI: A Look at BW Legal World
108 Nishant Kulhari 40 Under 40 Best Lawyers and
110 Pallavi Kumar Legal Influencers 2021 Award
112 Rangam Sharma Ceremony that brought voices of
change together on one platform

114 Rushab Aggarwal

116 Shashank Dewan Cover design by SHIVAJI SENGUPA TOTAL NO. OF PAGES
118 Tanya Nayyar Cover photograph by RITESH SHARMA INCLUDING COVER 140

The pages in BW Businessworld that are labelled BWi or Promotions contain sponsored content. They are entirely generated by an
advertiser or the marketing department of BW Businessworld. Also, the inserts being distributed along with some copies of the magazine

are advertorials /advertisements.These pages should not be confused with BW Businessworld’s editorial content.

11 | BW LEGAL WORLD | October 2022

LEGALWORDS OF THE WISE

GC’s Evolving People And Future
Role The Industry Trends

ANIL LALE, DR. LALIT BHASIN, DEEPAK ACHARYA,

General Counsel, Managing Partner, Group General Counsel
Viacom 18 Media Bhasin & Co Aditya Birla Group

Media is a place The choice of Jagdeep On e c a n n o t b e Academic
where in-house Dhankhar as the paranoid enough Success Does
counsel gets Vice President of to talk about this NotHelpIn
to play a much larger role India is a tribute to and particular risk which is cy- The Long Run
than in most of the other recognition of India’s legal bersecurity or data privacy
sectors. That is because profession. Shri Dhankhar risk. This is one emerg- PARAG P. TRIPATHI,
the product and assets of has been a distinguished ing risk that has already
a media house are all crea- lawyer for many decades emerged on the world Senior Advocate
tions of the Copyright Act. and has also been an ac- stage. Every organisation
Also, the monetization tive legislator. He would and every company will be Academic success
of these products, which bring with him the experi- ultimately hacked one day is relevant only up
are cinematograph films, ence, knowledge, compe- or the other. The famous to a point. It is one
sound recordings, lyr- tence and integrity – the quote says, there are only of the several parameters
ics, compositions etc., are qualities of a seasoned and two kinds of organisations, of any human life, and it
highly dependent on how well-respected lawyer. He one that has been hacked is very easy to exaggerate.
you as a lawyer negoti- practised in the Supreme already, and they know There’s nothing in it really
ate the contracts. The real Court of India as a Sen- about it and one that could other than the joy of the
role as an in-house lawyer ior Advocate with great be hacked at some point in moment. It’s like you eat a
in media you play is when distinction. He would be the future. So, cybersecu- good meal, you are happy,
you are able to understand a worthy successor to the rity and data privacy are and then you move on. So
evolutions in technology outstanding stewardship emerging risks. One needs academic success is like
and anticipate new busi- shown by his worthy and to be really prepared for that. It doesn’t really help
ness models that can come respected predecessor, Shri these two risks, which are in the long run. It’s a good
up in the future and, with M Venkaiah Naidu, both as interconnected with one feeling. It’s a feel-good fac-
that understanding, define Vice President of India and another. tor. That’s it.
and capture new rights in as Chairman of the Rajya
contracts. This will directly Sabha. The legal fraternity
contribute to the bottom should be proud of this
line of the company. achievement of one of its
distinguished members.

12 | BW LEGAL WORLD | | October 2022

DIARIES By Krishnendra Joshi

Success Third Party Litigation
Mantra Funding In Needs To Be
India The Last Resort
MANJAREE
CHOWDHARY, HIROO ADVANI, BIJOYA ROY,

Senior Executive Director Founder & Chairman, General Counsel, South
& General Counsel Advani and Co Asia, Pernod Ricard
Maruti Suzuki India
Pre-litigation strate-
The Art Of Be passionate about There are a number of gies are an absolute
Advocacy your work. Have third-party funders necessity, given the
pride in what you who have raised cost, time, effort and un-
VIVEK SOOD, do, and pride comes with funds to finance disputes certainty associated with
the confidence of know- exclusively, usually arbitra- litigation. In-house teams
Senior Advocate ing your subject well. Have tion disputes, sometimes working with their busi-
perseverance. Persever- court disputes as well. The ness stakeholders must
The basic art of ad- ance means never giving funders take a percent- have a clear vision as to
dressing argu- up. It is not going to go your age of the winnings. This what success looks like in
ments in court has way, and life is never fair, is not a common practice any contentious matter.
remained the same. The but you have to just pick in India but has been hap- Litigation really does need
art called court craft is un- yourself up each day and pening all over the world. to be the last resort, to be
changeable. However, ar- tell yourself let’s try it an- The Supreme Court, in a used when all else fails or
guments have ceased to be other way. It will work. You judgement, has said that when we need to set a prec-
as lengthy as they used to just have to keep doggedly third-party funding is per- edent. The quality of advi-
be in earlier times. Judges at something to be able to missible in India; however, sory around prelitigation
today expect arguments to get any place. unlike the other parts of the strategies also separates
be brief. Due to the huge world, there are currently the grain from the chaff
pendency of cases, the need no rules or regulations for me—it shows me the
of the hour is to encourage contouring the scope and quality of the legal talent at
short arguments. permissible extent of third- hand. Given that our judi-
party funding in India. cial system is strapped with
huge backlogs and the cost
of litigation escalates year
on year, ADR is a valuable
and probably still underu-
tilized resource for man-
aging disputes. I definitely
foresee ADR growing in
importance, especially as
a first forum to try and re-
solve disputes.

13 | BW LEGAL WORLD | October 2022

DATA AT A GLANCE

Data at a Glance aims at periodically
mapping the pendency of civil and
criminal cases across the states of
India for the District and Taluka Courts
and High Courts of India. As the ever-
growing number of cases awaiting a
definitive end continues to ring the
alarm bells, it becomes crucial to bear
in mind the challenge facing the Indian
Judicial System with a view to stepping
up to the plate.

PENDENCY

AT DISTRICT AND HIGH

COURTS OF INDIA

PENDENCY AT DISTRICT AND TALUKA COURTS OF INDIA AS
ON SEPT 20, 2022 BY THE NATIONAL JUDICIAL DATA GRID

Civil 10754577 8017349 (74.55%)
Cases
Civil Cases More Than
Criminal 30993380 1 Year Old
Cases
23406128 (75.52%)
Total 41747957
Cases Criminal Cases More Than
1 Year Old
Source:
https://njdg.ecourts.gov.in/njdgnew/?p=main/pend_dashboard 31423477 (75.27%)

Cases More Than
1 Year Old

14 | BW LEGAL WORLD | | October 2022

STATE-WISE PENDENCY OF CASES AT DISTRICT AND
TALUKA COURTS AS ON SEPTEMBER 20, 2022

Andaman and Nicobar Goa Madhya Pradesh

Total Civil Pending Cases: 3180 Total Civil Pending Cases: 25269 Total Civil Pending Cases: 386964
Total Criminal Pending Cases: 9091 Total Criminal Pending Cases: 30043
Total Pending Cases: 12271 Total Pending Cases: 55312 Total Criminal Pending Cases: 1516215

Total Pending Cases: 1903179

Andhra Pradesh Gujarat Maharashtra

Total Civil Pending Cases: 404567 Total Civil Pending Cases: 433041 Total Civil Pending Cases: 1543322
Total Criminal Pending Cases: 384741 Total Criminal Pending Cases: 1354079 Total Criminal Pending Cases: 336414
Total Pending Cases: 789308 Total Pending Cases: 1787120 Total Pending Cases: 4907466

Assam Haryana Manipur

Total Civil Pending Cases: 91352 Total Civil Pending Cases: 444852 Total Civil Pending Cases: 7812
Total Criminal Pending Cases: 382652 Total Criminal Pending Cases: 910880
Total Pending Cases: 474004 Total Pending Cases: 1355732 Total Criminal Pending Cases: 4071

Total Pending Cases: 11883

Bihar Himachal Pradesh Meghalaya

Total Civil Pending Cases: 501912 Total Civil Pending Cases: 152958 Total Civil Pending Cases: 4415
Total Criminal Pending Cases: 2932739 Total Criminal Pending Cases: 320036
Total Pending Cases: 3434651 Total Pending Cases: 472994 Total Criminal Pending Cases: 11539

Total Pending Cases: 15954

Chandigarh Jammu and Kashmir Mizoram

Total Civil Pending Cases: 22934 Total Civil Pending Cases: 95762 Total Civil Pending Cases: 2318
Total Criminal Pending Cases: 52642
Total Pending Cases: 75576 Total Criminal Pending Cases: 187461 Total Criminal Pending Cases: 2932

Total Pending Cases: 283223 Total Pending Cases: 5250

Chhattisgarh Jharkhand Nagaland

Total Civil Pending Cases: 73236 Total Civil Pending Cases: 88530 Total Civil Pending Cases: 576
Total Criminal Pending Cases: 316788
Total Pending Cases: 390024 Total Criminal Pending Cases: 417524 Total Criminal Pending Cases: 2394

Total Pending Cases: 506054 Total Pending Cases: 2970

Delhi Karnataka Odisha

Total Civil Pending Cases: 248319 Total Civil Pending Cases: 894017 Total Civil Pending Cases: 299951
Total Criminal Pending Cases: 1037659
Total Pending Cases: 1285978 Total Criminal Pending Cases: 977987 Total Criminal Pending Cases: 1224934

Total Pending Cases: 1872004 Total Pending Cases: 1524885

Diu and Daman Kerala Puducherry

Total Civil Pending Cases: 1405 Total Civil Pending Cases: 501806 Total Civil Pending Cases: 13640
Total Criminal Pending Cases: 1460
Total Pending Cases: 2865 Total Criminal Pending Cases: 1330560 Total Criminal Pending Cases: 19639

Total Pending Cases: 1832366 Total Pending Cases: 33279

DNH at Silvasa Ladakh Punjab

Total Civil Pending Cases: 1898 Total Civil Pending Cases: 595 Total Civil Pending Cases: 399758
Total Criminal Pending Cases: 1889
Total Pending Cases: 3787 Total Criminal Pending Cases: 459 Total Criminal Pending Cases: 526609

Total Pending Cases: 1054 Total Pending Cases: 926367

15 | BW LEGAL WORLD | October 2022

DATA AT A GLANCE

Rajasthan Telangana Uttarakhand

Total Civil Pending Cases: 526239 Total Civil Pending Cases: 331512 Total Civil Pending Cases: 44970

Total Criminal Pending Cases: 1546260 Total Criminal Pending Cases: 511146 Total Criminal Pending Cases: 283896

Total Pending Cases: 2072499 Total Pending Cases: 842658 Total Pending Cases: 328866

Sikkim Tripura West Bengal

Total Civil Pending Cases: 700 Total Civil Pending Cases: 10865 Total Civil Pending Cases: 599157

Total Criminal Pending Cases: 1130 Total Criminal Pending Cases: 26676 Total Criminal Pending Cases: 2056458

Total Pending Cases: 1830 Total Pending Cases: 37541 Total Pending Cases: 2655615

Tamil Nadu Uttar Pradesh

Total Civil Pending Cases: 762867 Total Civil Pending Cases: 1833937

Total Criminal Pending Cases: 652821 Total Criminal Pending Cases: 8593796

Total Pending Cases: 1415688 Total Pending Cases: 10427733

PENDENCY AT HIGH COURTS OF INDIA AS ON SEPT 20, 2022
BY THE NATIONAL JUDICIAL DATA GRID

Civil 4289484 3647245 (85.03%)
Cases
Civil Cases More Than
Criminal 1662692 1 Year Old
Cases
1335879 (80.34%)
Total 5952176
Cases Criminal Cases More Than
1 Year Old

4983124 (83.72%)

Cases More Than
1 Year Old

16 | BW LEGAL WORLD | | October 2022

Allahabad High Court High Court of Himachal Pradesh HighCourtofPunjab&Haryana

Total Civil Pending Cases: 560643 Total Civil Pending Cases: 77919 Total Civil Pending Cases: 282169
Total Criminal Pending Cases: 11615
Total Criminal Pending Cases: 473937 Total Pending Cases: 89534 Total Criminal Pending Cases: 166690

Total Pending Cases: 1034580 Total Pending Cases: 448859

Bombay High Court High Court of Jammu & Kashmir High Court of Rajasthan

Total Civil Pending Cases: 493970 Total Civil Pending Cases: 37756 Total Civil Pending Cases: 451172
Total Criminal Pending Cases: 7313
Total Criminal Pending Cases: 100963 Total Pending Cases: 45069 Total Criminal Pending Cases: 164517

Total Pending Cases: 594933 Total Pending Cases: 615689

Calcutta High Court High Court of Jharkhand High Court of Rajasthan

Total Civil Pending Cases: 181665 Total Civil Pending Cases: 39757 Total Civil Pending Cases: 451172

Total Criminal Pending Cases: 29676 Total Criminal Pending Cases: 46671 Total Criminal Pending Cases: 164517

Total Pending Cases: 211341 Total Pending Cases: 86428 Total Pending Cases: 615689

Gauhati High Court High Court of Karnataka High Court of Sikkim

Total Civil Pending Cases: 46122 Total Civil Pending Cases: 252667 Total Civil Pending Cases: 131

Total Criminal Pending Cases: 11306 Total Criminal Pending Cases: 46120 Total Criminal Pending Cases: 35

Total Pending Cases: 57428 Total Pending Cases: 298787 Total Pending Cases: 166

High Court for State of Telangana High Court of Kerala High Court of Tripura

Total Civil Pending Cases: 221761 Total Civil Pending Cases: 162561 Total Civil Pending Cases: 1498
Total Criminal Pending Cases: 35573
Total Pending Cases: 257334 Total Criminal Pending Cases: 41021 Total Criminal Pending Cases: 131

Total Pending Cases: 203582 Total Pending Cases: 1629

High Court of Andhra Pradesh High Court of Madhya Pradesh High Court Of Uttarakhand

Total Civil Pending Cases: 202726 Total Civil Pending Cases: 260886 Total Civil Pending Cases: 24920
Total Criminal Pending Cases: 158846
Total Criminal Pending Cases: 35098 Total Pending Cases: 419732 Total Criminal Pending Cases: 18715

Total Pending Cases: 237824 Total Pending Cases: 43635

High Court Of Chhattisgarh High Court of Manipur Madras High Court

Total Civil Pending Cases: 56686 Total Civil Pending Cases: 4284 Total Civil Pending Cases: 504297

Total Criminal Pending Cases: 31083 Total Criminal Pending Cases: 441 Total Criminal Pending Cases: 53118

Total Pending Cases: 87769 Total Pending Cases: 4725 Total Pending Cases: 557415

High Court of Delhi High Court of Meghalaya Patna High Court

Total Civil Pending Cases: 76846 Total Civil Pending Cases: 1098 Total Civil Pending Cases: 114172

Total Criminal Pending Cases: 28968 Total Criminal Pending Cases: 126 Total Criminal Pending Cases: 100601

Total Pending Cases: 105814 Total Pending Cases: 1224 Total Pending Cases: 214773

High Court of Gujarat High Court of Orissa

Total Civil Pending Cases: 103845 Total Civil Pending Cases: 129933
Total Criminal Pending Cases: 43915
Total Criminal Pending Cases: 56213 Total Pending Cases: 173848

Total Pending Cases: 160058 17 | BW LEGAL WORLD | October 2022

KEYNOTE ADDRESS
Edited by Ashima Ohri

LAW FIRMS OFHow to Prepare for
THE FUTURE

Shardul S. Shroff, Executive Chairman of Shardul Amarchand Mangaldas
sheds light on—the predictions for the legal function in the future
and how talent will need to be contextualized in respect of these
expectations—at the BW Legal World Business Conference on Future
of Legal Education in India held in New Delhi in June 2022.

18 | BW LEGAL WORLD | | October 2022

Given the current global L-R: Ashima Ohri, Managing Editor, BW Legal World; Shardul Shroff, Executive Chairman,
consternation, with the Shardul Amarchand Mangaldas, Org; Gareema Ahuja, Business Head, BW Legal World
unholy trinity of COVID,
the Ukraine, Russia war remote work is also proof of concept where legal professionals become
and inflation and global shortages, for relying even more on connectiv- almost a minority.
which are going to add to the woes; ity, centralization, and technology.
why should then one attend law Contract Lifecycle Management
school? Speaking at the BW Legal The role of in-house legal teams will be the central source of truth for
World conference, Shroff shares one is changing quickly. The businesses all contracts. Organizations have
should attend law school now that they support are going to be dig- already done the work to centralize
because of the technological ital. What are the long term out- their finance and resource related
advancement in the practice of law. comes of these accelerating changes? activities within single systems, as
It’s going to be radically transformed, How are the forces shaping the legal well as the customer relationships
like a business that has hibernated in function of tomorrow? And there- and sales. Centralizing how they
relevant and relative dormancy for fore, what are the discoveries that manage contracts, from negotiation,
the last 400 years from e-discovery clients have come to? One foresees to execution, and afterwards to ter-
and litigation energy analytics to that half of the legal team will not be mination is the key forward.
artificial intelligence and machine lawyers. The traditional legal func- Ultimately, the central key is the
learning. tion hierarchy is likely to be mor- organization’s ability to reduce costs,
phed into a more agile and cost- manage risk, and improve perfor-
There has never been a more effective structure. Use of automated mance. Like regulatory change, for
exciting and dynamic time to be a solutions, chat box or other forms of example, or litigation results will cre-
member of the profession. The best productized legal services will ate the need to update masses of con-
law school experience does not con- increase. This will require more tracts—the terms of which will have
fine students to a career of practicing multidisciplinary workforce with to be properly tagged. Reading data
law, but rather introduces them to the different skill sets, works of parale- will be as important as reading legal
lifelong study of practicing life. The gals data analysts, operational terms. Legal data pools will get richer
constantly evolving complexity of the experts and other specialists in the and analysis with the strategic insight
modern world requires the holistic, legal function might rise to a point will be in demand. And this is an
comprehensive and malleable solu-
tion to problem solving.

What are the predictions
for the legal function in the
future? How is talent to be
contextualized in the future
of law?

A student can be an end consumer,
the law firm can be an end consumer
and the client can be an end con-
sumer and therefore, all their per-
spectives have to be taken into
account. By 2025, the regulatory
environment is going to be far more
complex. Pressure to cut costs is
going to be at all- time highs. While
standardization and automation will
create routes, new routes to effi-
ciency and insights. COVID-19 is
not going to be wished away and it
will ramp up all these challenges
even more. The sudden move to

19 | BW LEGAL WORLD | October 2022

KEYNOTE ADDRESS

many legal func- And lastly, but not the least, time
management. Students may leave out
tions will transform a question during exams owing to
paucity of time, however, that is an
them into true part- impossibility in the practice of law.
So, they have to understand time
ners with business; management.

offering advice that Students ought to realize that the
law is not like any other desk job, but a
is more proactive, unique and ethical profession where
they as lawyers play a key role in shap-
evidence based and ing the society. When it comes to law
firms, what is important for the stu-
strategic teams will dent is to have a good grasp of the sub-
jects. It is essential to make them
have to support the understand as to what it really means
to be a corporate lawyer, and what
growing spectrum their role entails. This can be achieved
by conducting simulation exercises in
of risk compliance, law school, so that students get to
understand what they’re signing up for
governance, opera- in the future. This is where the role of
law firms also becomes crucial. The
tion and regulatory
landscape of law firms in
Student interaction at the BW Legal World Conference on issues. Therefore, India and across the world is
Future of Legal Education in India talent in firms will radically evolving.
be required for these Somewhere down the lane
students perceive law firms
opportunity to identify how to purposes. as competitive corporate jobs
that come with its benefits.
improve legal contracts. Legal teams What are the skills that a student This perception results in
them merely preparing to get
will be measured on strict KPI such must develop and who has to provide placed and they do not aspire
to achieve something bigger.
as the money they make for the busi- those skills? It would be a joint To resolve this, firms should
help students see the bigger
ness. Law as a driver of financial responsibility of the Law School and picture of the twin role law
firms serve—as economic
results will be the norm. Client the law firm to develop the skills for and service institutions. Once students
realize the service provided by firms
Experience will be at the heart of legal making better lawyers. And what are add significant value to the growth of
society at large, the perception of their
and how the client feels after own careers will change. This will
make them understand their role and
the end of a delivery of the responsibility in the law firm with
much better sense.
service is going to be so
This is an edited excerpt from the
important that it will lead to keynote address given by Mr Shardul
Shroff at the BW Legal World confer-
the second round of legal ence titled Future of Legal Education
in India held in June, 2022. The full
work. A bad experience will address may be viewed at https://
youtu.be/w5omFLxKpBw?t=845
mean no further work. All

standardized legal work will

be permanently subsumed

into the business.

Managing culture and

shifting mindsets will be

essential. The cultural

aspect of a law school or the

cultural aspect of law firm

are going to be very significant in the those skills? Learning how to listen.

way forward with legal operating Every client wants a patient hearing

models undergoing tremendous and doesn’t want an abrupt cut down

change. Legal operating models built when one is talking about their prob-

on continuous innovation and lem. Learning how to nurture crea-

improved legal teams will be needed tivity. You have to be providing crea-

for a huge shift in the mindset across tive solutions, analytical solutions.

the organization. Firms will need to Learning how to run a law practice.

arm themselves with new skills, and Students must know what it takes to

their leaders will need to demonstrate be a law firm owner or law firm man-

their commitment to realize transfor- ager or a group of partners leading a

mation benefits. A legal Chief firm. How to manage personal

Operations Office will be just as finances. These are all vital skills. It is

important as the General Counsel’s going to be critical in the way you

Office. It is expected that changes in apply finance for the clients’ work.

20 | BW LEGAL WORLD | | October 2022



PANEL DISCUSSION

By Ashima Ohri

NEW AGE CAREERS
IN LAW

Experts of the Industry talk future at the BW Legal World
conference on Future of Legal Education in India with Managing
Editor, Ashima Ohri on new-age career avenues available for
lawyers, including Legal Journalism; LegalTech Innovation; Law
Firm Management; ADR Institute Management; Knowledge &
Research Management, Business Development and more.

As thought leaders of the Consulting; Ruchi Chopra, AVP - discussing how to hone the court
fraternity, the august Corporate Communications, L&L craft and future of legal education in
panel comprising of Partners; and Kunal Dey, Associate India.
Siddharth Batra, - Knowledge Management and
Advocate-On-Record, Supreme Business Development, Argus IT and Law
Cour t of India; Tariq K han, Partners came together to shine
Registrar, International Arbitration light on the path less trodden but Speaking of an upcoming trend in top
and Mediation Centre (IAMC), currently trending amongst profes- tier law firms, Ruchi Chopra brought
Hyderabad; Nipun K Bhatiaa, sionals with a degree in law who to the fore the need for good IT and
President - Strategic Legal have chosen to venture beyond tra- Law professionals. “You cannot have
Management, Legal League ditional practice roles along with IT in a law firm without a lawyer
understanding how to use it, thus that

22 | BW LEGAL WORLD | | October 2022

You cannot have IT in a law firm Let the lawyers do the lawyering For the BD Team, the firm is the
without a lawyer understanding but they also need their client. It is about understanding
how to use it, thus that practices to be managed well their needs and making a
combination of IT with Law is and that’s the gap law firm strategy that works for everyone
doing extremely well. management is filling today. and helps the firm to grow.

RUCHI CHOPRA NIPUN K BHATIAA KUNAL DEY

AVP - Corporate Communications, President - Strategic Legal Associate - Knowledge Management
L&L Partners Management, Legal League and Business Development,
Consulting Argus Partners

Observe senior counsel and
other lawyers, and see what the
judge replies.

SIDDHARTH BATRA

Advocate-On-Record,
Supreme Court of India

combination of IT with Law is doing with their clients and keep them start with writing more research
extremely well,” said Chopra. posted about relevant topics. Posting papers, participate in moot court
a compilation of recent judgments, competitions and choose intern-
Law Firm Management publishing well-summarised arti- ships that are meaningful and not
cles is part of the basics in today’s simply a CV point.
“Let the lawyers do the lawyering day and age. “For the BD Team, the
but they also need their practices to firm is the client. It is about under- Future of Legal
be managed well and that’s the gap standing their needs and making a Education
law firm management is filling strategy that works for everyone and
today,” shared Nipun K Bhatiaa. He helps the firm to grow,” shared Dey. Tariq Khan succinctly put together
also mentioned an uptrend in law 10 points that encompassed the gaps
students choosing off beat roles Honing Your Arguing in the Indian legal education sys-
relating to HR Development in Law Skills tem. They are: (1) Education is now
Firms, Knowledge Management, priced, not given; (2) Focus is on
and tasks like partnership structur- “Observe senior counsel and other making good lawyers, not advo-
ing for law firms itself. When two lawyers, and see what the judge cates; (3) There is less emphasis on
practices want to merge what are the replies,” emphasizes Siddharth modern concepts like data privacy,
aspects that need to be taken care of Batra. Even after 18 years in the pro- AI, NFTs, Technology, Role of Social
are some of the areas that are gain- fession and being an advocate-on- Media etc; (4) Focus more on ethics,
ing popularity with the students. record, Batra talks about the value law as a noble profession, pro bono
each interaction, exchange between etc; (5) Encourage student partici-
Knowledge Management a senior and the judge holds for him. pation and discussions during a
and Business “The nuggets of information that class; 6) Performance of Professors
Development come from that dialogue are price- should be tracked regularly; (7)
less” he adds. In a nutshell, before Students should be asked to give
Kunal Dey shared how social media one can pick up the art of being a anonymous feedback for every
has become a game changer and it is good arguing counsel one needs to Professor; (8) It is the Professor who
important for law firms to connect makes a subject of law interesting;
(9) Professors should be given equal
respect like Judges; (10) Law stu-
dents should be taught how to do
networking, draft an email/cover
letter etc.

23 | BW LEGAL WORLD | October 2022

COLUMN

By Kaustubh Mehta

TRIALS & TRIBULATIONS
OF A LITIGATOR

When one takes up law, one imagines graduating in law and stepping
into the courtroom and bringing justice to one and all. Yet somewhere
during the course of one’s degree, the romance with core litigation
fizzles out. Let’s gather some intel on why the road to litigation is hard
to travel for our young legal minds and first-generation lawyers.

It requires a great deal of To be, or not to be a work of a litigator appearing as chal-
patience, determination and Litigator lenging and thrilling, the low finan-
grit to keep afloat in the ocean cial remuneration acts as major dis-
of litigation. A large number of students are opt- couragement. Besides, without any
Law is amongst the most prestig- ing for law as their career option. But family background in law, a law
ious career options. Lawyers and the rosy picture that once generated graduate is inundated with entry
legal professionals have always been interest and inclination of the stu- barriers. Though data on this is una-
at the forefront of bringing about dents slowly begins to disappear into vailable, most law graduates do not
reform in society. Mahatma Gandhi, thin air and reality settles when they opt for litigation or abandon it after
the protagonist of our freedom enter the field. After graduation, momentarily indulging in it. Having
struggle, was also a trained advocate freshers face the dilemma of choos- a different career is not wrong but
and his discipline did help him in his ing their path of career. The choice of the reasons behind growing diver-
endeavours in service of the nation. whether to opt for litigation or cor- gence from the traditional practice
porate law hovers above their heads. of law decision need the fraternity’s
Law schools today are imparting Apart from these, the option of fur- attention.
quality education which is catapult- ther studies, preparing for the judi-
ing the legal landscape in the coun- ciary, or working in some other field Kunal Chugh, who graduated in
try. The burgeoning of new law is found equally tempting by many. 2022 from Symbiosis Law School,
schools owing to the rising demand Pune, has taken a full-time plunge
is making legal education accessible The graduates from National into travel vlogging. While speaking
to one and all. As per media reports Law Schools and other top law to BW Legal World, Chugh said, “I
covering statements made by the law schools mostly choose to work in the lost my interest in 3rd year of law
ministry, there are approx. 1721 law corporate sector. The reason behind school. Even if I had not left law, I
colleges in India producing lakhs of this is the hefty pay cheques that a would have chosen to be a corporate
law graduates every year. Yet the career in corporate law offers. lawyer because survival in litigation,
numbers at the Bar tell a different on account of meagre remuneration,
tale. What traditionally was the only Challenges galore is quite difficult.”
option is now becoming the choice of
few and far between. The conventional advocacy or litiga- Chugh’s sentiments have been
tion is more often than not, disre- echoed by many. However, these
garded by graduates. Despite the

24 | BW LEGAL WORLD | | October 2022

shortcomings are not insurmounta- women, scheduled caste and sched- gators who are not just well
ble. With grit, determination, persis- uled tribe, victims of human traffick- versed with the law but are
tence and perseverance, one can ing etc. as eligible for legal aid. upright human beings as well.
shine through in any circumstance. However, on many occasions, disad- The Justice delivery system
Stakeholders must take steps to mit- vantaged and underprivileged peo- derives its strength from able
igate the hardship suffered by young ple who do not belong to any of the and honest participants.
professionals. categories stated in Section 12 may
also require legal assistance. The Importance of a good
The bar associations of various absence of financial means should mentor
courts should deliberate the issues never deprive any person of his
faced by young professionals. access to justice. A conducive atmosphere must
Proposal for fixing a minimum wage be cultivated for young profes-
for lawyers while talked about in Advocate Ashok Agarwal, while sionals in law. The senior mem-
court corridors needs concrete speaking to BW Legal World, said bers of the bar should do their
action and dispensation. The pres- that “the government should expand part by keeping as many juniors
ence of such regulations will go a the scope of legal aid programme as possible. This will ultimately
long way in fighting financial exploi- and engage more lawyers so that precipitate the growth of law.
tation and bring a change in the accessibility of law can be increased Mentorship is paramount for a
views of many who believe that a and at the same time new lawyers young lawyer. It enlightens him
mere opportunity to shadow a senior can be remunerated.” about the trials and tribulations
lawyer is enough. that the domain of litigation
The Government should make constitutes of. The guidance
Creating employment legal aid free for all persons without from a senior helps young litiga-
and expanding legal aid any exceptions. For this, manpower tors in navigating the arduous jour-
will be required, which can be taken ney of advocacy.
The legal aid programme under the care of by engaging young lawyers.
National Legal Services Authorities The young lawyers will be able to Courtroom experience:
Act 1987, in Section 12, prescribes sustain themselves and remain in non-negotiable
the categories of people who are litigation.
entitled to legal aid. It mentions In so far as the legal education sphere
The legal industry requires liti- is concerned, law schools must have
longer mandatory internships as
part of the curriculum. Learning the
court craft is not easy for most law
graduates and comes with a steep
learning curve.

Former, Chief Justice of India
(CJI) NV Ramana also discouraged
the practice of senior counsel mak-
ing mentionings before him and
asked them to send their Advocates-
on-Record or junior colleagues to do
these tasks and learn in the process.

Just as law, the legal ecosystem in
the country has been dynamic and
evolving for the better. There thus
remains a hope that no matter the
ubiquitous nature of obstacles, with
strong-headedness and unshakeable
resolve, the battlefield of litigation
will see more young warriors in
times to come.

25 | BW LEGAL WORLD | October 2022

FIRESIDE CHAT
Edited by Ashima Ohri and Kaustubh Mehta

The Playbook to Cultivate

Super Lawyers of
the Future

At the BW Legal World Conference on Future of Legal Education in
India, Dr. Ranbir Singh, founding VC of NLU Delhi sheds light on the
important tenets of becoming a successful lawyer and the future of
legal education in a fireside chat with Dr. Annurag Batra, Chairman &
Editor-in-Chief BW Businessworld and Exchange4media Group at the
BW Legal World Conference—Future of Legal Education in India.

26 | BW LEGAL WORLD | | October 2022

Legal education has gone through an immense transformation in India. The discipline has
attained several facets and the number of young people aspiring to join the illustrious profession
are increasing by the day. In March this year, Union Legal Minister Kiren Rijiju shared in
Parliament that the country currently has 1721 law schools and universities. Out of these 170 are
government universities, 383 government law colleges, 248 private universities and 920 private law col-
leges. The Union Minister on several occasions has shown a firm resolve to shut down subpar law insti-
tutes heeding to Hon’ble Supreme Court’s order passed in March, 2022 on the desirability of having bet-
ter accountability from law colleges; absence of requisite faculty, therein; monitoring by the Bar Council
of India to ensure that once a law college obtains recognition, it is to maintain the parameters as set forth
by the BCI.

Speaking on the subject of future of legal education, Dr. Ranbir Singh, founding Vice Chancellor of
National Law University Delhi, currently serving as the Governor of the Board of International Association
of Law Schools, USA shed light on the Playbook to Cultivate Super Lawyers of the Future in a fireside chat
with Dr. Annurag Batra, Chairman & Editor-in-Chief BW Businessworld and Exchange4media Group at
BW Legal World Conference—Future of Legal Education in India held in June this year.

Here are some Law Institutes must generate apart from academic excel-
insights from the good professionals lence?
conversation:
Dr. Singh believes law schools are “Work hard!” Dr. Singh answered.
Q. What has changed in the not meant for providing placements Plain and simple. He added students
legal education domain in the and law graduates must manage must read Roses in December by
recent years? their own placements. He explained, M.C. Chagla. It is an autobiography
there is a three-fold mandate for law of Mahomedali Currim Chagla, an
Dr. Singh shared that there has been institutes in current times: lawyers Indian jurist, diplomat, and Cabinet
a huge transformation in the legal must be technically sound, profes- Minister who served as Chief Justice
education domain characterised by sionally competent and socially rele- of the Bombay High Court from
the following: vant. That according to Dr Singh is 1947 to 1958. Dr. Singh jested, “for a
the key to success and placements. young lawyer, it is all bed in the
Law and Multiple Avenues It beginning and no roses; when you
Offers Q. What are law colleges become successful, it’s all roses, and
required to do, to be able to no bed!” In other words, one could
Students are now opting for the legal upgrade their faculties to keep surmise Dr. Singh meant—if one
profession as against pursuing it on in sync with the post-pandemic wants to catch a rainbow, one must
a whim. This year 60,000 students environment. put up with the rain.
appeared for CLAT (Common Law
Admission Test) for 3000 seats. There has been a spate of faculty The Shining Star
That is a telling factor that law is a development programs coming up,
serious career option. People may which is a step in the right direction, Finally, the fireside chat came to a
like to be lawyers, best of corporate said Dr. Singh. He further called close with a gripping question from
lawyers, be a judge, a civil servant so attention to the system of continued
on and so forth. In a nutshell, there education followed in the medical Dr. Batra—Which law school is
are multiple career options before stream. He insisted similar pro- the best?
law students today making legal grams should be there for lawyers,
studies very popular. law students and faculty. Dr. Singh at his wittiest,
responded that the best law school
Importance of Research Audience Q&A was the one that did the best.

Dr. Singh underlined the impor- A student at Asian Law College, Ms However, as a parting note Dr.
tance of research for being a good Vandana had her finger on the pulse Singh added that the students sitting
lawyer or a good judge. He said, “If of her peers when she asked Dr in the audience were one of the best
you’re not a good researcher, you minds of the country and without a
cannot be a good lawyer.” Singh—What are the qualities doubt the future of legal education
that a legal intern must have in India is very bright!

27 | BW LEGAL WORLD | October 2022

COMPLIANCES

COMPLIANCES THAT ARE
MAKING BUSINESSES
LOOK OVER
THEIR
SHOULDERS
As compliances evolve and
new ones come to light Our Panel comprising of Mamta
every day across the globe, Rani Jha, Senior Partner & Head of
they keep adding to the Litigation, Inttl Advocare; Akshay
woes of organizations who need to Nagpal, Partner, Saraf and Partners;
map them and align their businesses Farhat Ali Khan Managing Partner,
to these laws so the business can Century Maxim International; and
flourish in a compliant manner. Some moderator: Snigdhaneel Satpathy,
of the popular compliances that have Partner, Saraf and Partners looked
in-house counsel on their toes have into these aspects during the round-
been data privacy and data protec- table at the BW Legal World Global
tion. There are also many other Legal Summit on May 22 at The
aspects that need a constant watch Lalit.
when doing cross-border business.

28 | BW LEGAL WORLD | | October 2022

Some of the highlights of the discussion lead by Snighdhaneel Satpathy’s on risks that businesses face
and the way they can find their way through various compliances are as follows:

1. Onerous compliances: Grant of Patents that directors, the shareholders and even money
takes 10-12 years and remains valid for 20 laundering officers that are appointed by the
years is a concern for most organisations, company and the beneficiaries. If any pro-
shared Mamta Rani Jha. Compliances like ceeds of crime whether it is a financial service
disclosure of related patents to be made firm or a non-designated financial service
within six months of applying for the Patent provider, they all are required to follow strict
to the controller, where a patentee files for a and severe measures of the provisions of law
patent in 40-50 countries is a dated compli- related to AML. The moment there is any
ance adding to the woes of businesses these form of money laundering it could be a
days. Any failure to comply leads to invali- mechanism to fund financed terrorism activ-
dating the patents. According to Jha this ities in different parts of the world. Therefore,
provision has outlived its non-internet era there is a huge responsibility on companies
and is reduced to a cumbersome compliance while dealing with this subject.
that solves no purpose in today’s time when
data is easily accessible over the internet and 5. Creating the mindset and culture of compli-
such compliances could be lessened by the ance: “The foundation of compliances is
authorities. where you understand which compliances
are applicable to a particular company. And
2. Filing annual forms for working of patents. there needs to be simplicity of thought pro-
It has now been clarified through judgments cess there,” says Akshay Nagpal. Many a time
that imports too will attract these compli- it is seen that certain agencies will throw an
ances. entire statute book on the company stating
everything needs to be compliant without
3. IT compliances: Intermediaries need to any focus on what are the critical compli-
appoint nodal officers, grievance officers, ances to be made. It is thus very important
and maintain a data centre in India. It is a for GCS or chief compliance officers to be
challenge for intermediaries to follow these able to prioritize the key compliance rules
compliances when they operate in a number that need to be complied by the organisation
of jurisdictions across the globe. If they were before dealing with the entire gamut of them.
to have a data centre in each country of oper- In MSME segment or start-ups the focus is
ations, this will be looking at 24*7 monitor- only on product growth, business, and com-
ing around the world adding to their costs pliance often takes a backseat. So, creating
tremendously. the mindset and culture of compliance is
important. One way of doing it is that it’s a
4. A n t i - M o n e y L a u n d e r i n g ( A M L ) top-down approach. If the top management
Compliances: As Farhat Ali Khan puts it, does bring this up in townhalls, it percolates
lawyers have taken an important role in deal- to the others. Secondly, there should be train-
ing with the issue of AML where the conse- ings organized within the organization to
quences are extreme. The consequences are keep everyone on the same page with critical
not only on the companies if they fail to make compliances.
compliances. It also takes in its folds the

Full panel discussion is available here: http://bwlegalworld.businessworld.in/video/
BW-Legal-World-Discusses-Legal-Compliances-
for-Businesses/26-06-2022-3931/

29 | BW LEGAL WORLD | October 2022

GLOBAL MATTERS

PALLAVI PRATAP

Advocate-on-Record, Hon’ble
Supreme Court of India

Ordered Liberty:

In light of the overruling of

Roe V. Wade

Seeing the judgment from the US Supreme Court in the case of Dobbs vs.
Jackson as a major watershed moment in Women’s Rights—Pallavi Pratap
endeavours to provide the opinion of both the Majority and the Minority
along with the major opinions of the Justices who have concurred.

30 | BW LEGAL WORLD | | October 2022

Majority vs. Minority: How SCOTUS ruled and no role of the state in regulating abortion. The Roe
in Dobbs vs. Jackson Court had clearly laid down trimester wise regulation:
First trimester – abortion decision was left to the medical
The impact of abolition of Abortion Rights in the United judgment of pregnant woman and her physician. In sec-
States of America is visible and egregious. In a historic ond trimester, the State could regulate to the extent where
decision, the Supreme Court delivered a majority opinion it was related to maternal health. Finally in third trimes-
by 6:3 in Dobbs vs. Jackson overruling Roe vs. Wade ter, after viability, State’s interest in ‘potentiality of human
(hereinafter referred as ‘Roe’) as well as any other prece- life’ became compelling and therefore State could regu-
dent established in consonance of the same, read Planned late and even proscribe abortion except where it was for
Parenthood of Southeastern Pa. v. Casey (hereinafter preservation of life and health of the mother.
referred as ‘Casey’) on 24th June, 2022. A week after the
opinion, 9 states banned abortion and overall it appears Roe Court had recognized Right to Abortion as part
that 26 states will ban abortion at various stages of preg- of Right to Privacy that comes from First, Fourth, Fifth,
nancy, which can be as early as 6 weeks. Ninth and Fourteenth Amendments of the American
Constitution.
Quickening and Viability
PLANNED PARENTHOOD Vs. CASEY – 1992
Before moving to the legal aspect of the opinion, it is ‘Undue burden Theory’
imperative to understand the two terms ‘quickening’ and
‘viability’. Until 20th century, there was no support by After nearly 20 years of Roe having effectively followed,
American law for right to abortion. Abortion was a crime Pennsylvania Abortion Control Act of 1982 was enacted
in every state. Each State was permitted to address this which contained five provisions viz. requirement for
issue in accordance with the views of its citizens. By the waiting period, spousal notice, and for minors to obtain
time Roe came to be decided in 1973, 30 states had pro- parental consent prior to undergoing an abortion proce-
hibited abortion at all stages. ‘Quickening’ can loosely be dure, amongst other provisions. These provisions were
translated as movement in the womb of the fetus. Under challenged as creating undue obstacles for women in
the common law, post-quickening abortion was a crime, exercising their Right to Abortion. The Casey Court
however, few authorities also held that pre-quickening opined that there is freedom to make ‘intimate and per-
abortion could be a crime to a certain extent. It has been sonal choice’ that are central to personal dignity and
held that in such an event, even if a woman died from a autonomy. Right to obtain an abortion is part of ‘liberty’
failed attempt at abortion, the abortionist will still be protected by Fourteenth Amendment’s ‘due process
held guilty of murder. ‘Viability’ is also like quickening clause’. Casey substituted the ‘trimester’ scheme as
and in common parlance the same would be the point at unworkable and substituted it with ‘undue burden test’.
which a fetus can survive outside the
womb. With the advancement of medical
technology and the administration of
steroids for holding a pregnancy to full
term, the viability of the has now come to
anywhere between 20 to 24 weeks.

ROE Vs. WADE – 1973 –
‘Potential Human Life and
Trimester wise regulation’

‘Jane Roe’ was a fictional name given to
protect the identity of the person who
instituted case against Henry Wade, the
District Attorney of Dallas county, Texas.
She had asserted an absolute right for ter-
mination of pregnancy at any time during
pregnancy citing women’s right to privacy

1Dobbs, State Health Officer Of The Mississippi Department Of Health, et al. v. Jackson Women’s Health Organisation Et Al 597 U.S._ (2022)
2Jane Roe V. Henry Wade410 U.S. 113 (1973)
3Planned Parenthood of Southeastern Pa. v. Casey 505 U.S. 833 (1992)
4https://indianexpress.com/article/opinion/columns/us-supreme-court-roe-v-wade-abortion-rights-7992611/

31 | BW LEGAL WORLD | October 2022

GLOBAL MATTERS

The undue burden theory was primarily to avoid obsta- Five Factors in Overruling ROE & CASEY
cles for a woman to get an abortion. Out of the provisions,
24-hour waiting period, parental consent for minors, The Majority opinion was delivered by Justice Alito, in
informed consent provision and few reporting measures which Justice Thomas, Justice Gorsuch, Justice
of the medical facilities were permitted while the require- Kavanaugh, and Justice Barrett, joined, however, Justice
ment to notify the husband was struck down as imposing Thomas and Justice Kavanaugh filed their concurring
undue burden on the woman. opinions. Chief Justice Roberts filed an opinion concur-
ring in the judgment. The opinion ends with the clarifica-
The emphasis was on the Fourteenth Amendment tion, ‘Nothing in this opinion should be understood to
which reads as follows, ‘No state shall make or enforce cast doubt on precedents that do not concern abortion’.
any law which shall abridge the privileges or immunities The following five factors were identified in overruling
of citizens of the United States; nor shall any state deprive Roe & Casey:

any person of life, liberty, or property, without due pro- 1. The nature of Court’s error:
cess of law;..’ Casey identified that the Right to Abortion The Court’s opinion was that Roe’s
was an integral part of the Fourteenth Amendment. findings were more in nature of leg-
islative drafting than that of consti-
Mississippi Gestational Age Act tutional law laid down as precedent.
At the time of Roe, 30 states had
The current issue arose when the Mississippi’s Gestational prohibited abortion at all stages. As
Age Act was brought and passed by State legislature but per the opinion, this abruptly con-
was immediately stayed by the Federal Court. Mississippi’s cluded the political process by strik-
Gestational Age Act provides that “[e]xcept in a medical ing down abortion laws in every sin-
emergency or in the case of a severe fetal abnormality, a gle state. However, in Casey, 2 Judges
person shall not intentionally or knowingly perform . . . or expressed no desire to change Roe,
induce an abortion of an unborn human being if the while 3 took a position that because
probable gestational age of the unborn hu- man being of Doctrine of Stare Decisis, prior
has been determined to be greater than fifteen (15) decisions were to be followed and
weeks.” required adherence to the central
holding in Roe. In Casey Court, 4
The Dobbs Court had Certiorari to decide on one Judges over-ruled the decision in its
question, “Whether all pre-viability prohibitions on elec- entirety. Therefore, the entire major-
tive abortions are un- constitutional.” The State of ity opinion in both the cases were
Mississippi had stated that it did not favour ‘overturn of more policy goal than judicial precedent.
Roe v. Wade’ but only to reconsider the viability rule i.e.
to 15 weeks instead of 20-24 weeks. 2. The quality of reasoning: It was observed that the
arguments pertained to fetal viability – pre and
post fetal viability. In most cases viability is gen-
erally around 23 to 24 weeks. Roe had affirmed
the constitutional right of a woman to terminate
pregnancy up to the point of viability i.e. pre-via-
bility abortion.

The Majority opinion in Dobbs held that Liberty is an
individual’s right to free thinking, but they are not always
free to act in accordance with those thoughts. ‘Ordered
liberty’ sets limits and defines the boundary between
competing interests. The ‘Due Process clause’ provides
substantive and procedural protection for ‘liberty’ which
falls under either of these two categories of Substantive
Rights – rights guaranteed by amendments to constitu-
tion and those rights deemed fundamental that are not
mentioned in the Constitution anywhere.

When it comes to the rights deemed fundamental, the

32 | BW LEGAL WORLD | | October 2022

test for deciding is whether a right is ‘deeply rooted in I would like to discuss the dealing of Majority opinion
American History and tradition’ and whether it is essen- of Doctrine of Stare decisis in this part. Doctrine of Stare
tial to the country’s ‘scheme of ordered liberty’. Since the Decisis is a common law principle of determining legal
American Constitution doesn’t offer any express right to points based on the precedents. It is a form of respecting
obtain an abortion nor is it rooted in nation’s history and judgment of those who grappled with important ques-
tradition, therefore, it cannot be part of ordered liberty. tions in the past. Typically, it is noticed that any overrul-
The opinion did not agree with the argument and prece- ing of the precedent results in broadening of the rights
dent that an asserted right which is nowhere mentioned and not curtailing it. The Dobbs Court understood that
in the constitution is guaranteed under Fourteenth public will not take overruling of Roe kindly. Thus, it
Amendment. opined that principles of stare decisis i.e. adherence to
precedent is a norm and not a command.
3. Workability of the rules: The Majority opined that
any precedent must be judged on the threshold of 5. Absence of concrete Reliance Interest: Reliance
whether it is workable or not. ‘Undue burden test’ interest is a concept of property and contract
as laid in Casey, has blurred the distinctions on rights and its applicability in the case at hand is
the three subsidiary rules viz, one, provision of that abortion is an unplanned activity and
law is invalid if it creates substantial obstacle in requirement for a certain degree of reproductive
the path of woman seeking abortion before the planning is essential. An intimate relationship is
fetus attains viability. The second rule applies at entered upon the knowledge that abortion as an
all stages of pregnancy and states that women’s option is available should the contraception fail.
choice should be informed and there should be no Further, ability of women to participate equally
undue burden on such a right. The third rule is in the economic and social life of the Nation has
that unnecessary health regulations that may pre- been facilitated by their ability to control their
sent substantial obstacle to a woman seeking reproductive lives. The Court in Dobbs held that
abortion imposes an undue burden on the right. the effect of abortion rights on women is an
empirical question and therefore, the Court has
Thus, the Majority held that there are conflicting no authority or expertise to adjudicate on such
Circuit Court’s rulings pertaining to legality of parental disputes. It is best that the decision is left on the
notification rules, certain dilation and evacuation proce- legislative bodies. Women have political power
dures, whether an increase in time taken to reach clinic and so they can lobby and get the legislature to
constitutes as an undue burden, and whether a regula- understand that Right to abortion is critical.
tion can be done where abortion is carried out due to
fetus’s race, sex or disability. This has been looked upon Justice Thomas concurring – ‘Abortion is a policy goal
with disdain since this has created competing and con- which is desperately searching for constitutional justifi-
flicting rulings. cation.’ While concurring with the majority opinion,
Justice Thomas opined that the framers of fourteenth
4. Disruptive Effect on other areas of law: Roe and amendment did not have the right to abortion in their
Casey have led to distortion of other important mind while drafting it. The privilege and immunity clause
legal doctrines. The Dobbs Court’s opinion is said granted by the Constitution vide fourteenth amendment
that both Roe and Casey ignored the Court’s only provides protection in the enumerated rights and
third-party standing doctrine, disregarded the not so much on unenumerated rights. He further adds
standard res judicata principles and flouted ordi- that there is a legal fiction of substantive due process
nary rules on severability of unconstitutional clause which is dangerous. There are three such dangers
provisions. enumerated by him.

For the rest of the article please visit our website:
http://bwlegalworld.businessworld.in/article/Ordered-Liberty-In-Light-Of-the-Overruling-Of-Roe-V-Wade-/03-07-2022-435065/

33 | BW LEGAL WORLD | October 2022

GUEST COLUMN

CROSS BORDER
TRANSACTIONS
AND COVID-19

While organisations are becoming more competent and experienced
in cross-border acquisitions by acknowledging the importance of
comprehensive planning and tapping the expertise of external advisors
to conduct thorough due diligence, it is still advisable to remain cautious
as one navigates through global economic and political instability.

Rabindra Jhunjhunwala Sameer Sah Paridhi Rasiwasia

Partner, Khaitan & Co Partner, Khaitan & Co Associate, Khaitan & Co

34 | BW LEGAL WORLD | | October 2022

Cross-border transactions foreign manufacturing facilities and who may be employed to conduct in-
have always been challeng- thereafter have to extend transaction depth legal due diligence and mini-
ing and potentially prom- timelines because they were unable mize legal and regulatory risks.
ising in terms of the to travel to examine the plants. Similarly, we often witness deals
rewards and business opportunities where acquirers employ financial
they bring. The public appetite for Similarly, reliance on local man- consultants, for instance, one of the
cross-border transactions and inter- agement and transition is making Big 4 accounting firms, to conduct
national trade has increased tre- post-merger integration tricky. financial and accounting diligence.
mendously over the years. While the Clients nowadays look to structure This helps in addressing tax and val-
market did witness an ever-so-slight acquisitions such that they get some uation challenges. A lot of organisa-
decline in such transactions due to time to ride out the Covid-19 pan- tions now go the extra mile and
the Covid-19 pandemic in the first demic – and this has increased the undertake “business” due diligence
financial quarter of 2020, trends need to have a continued presence of or integrity due diligence. Insurance
seem to have changed and cross- sell-side and company management brokers are also often roped in to
border mergers and acquisitions are in the near to mid-term. Further, tax check insurance coverage levels.
back spearheading the corporate structure and landscape vary across Clients are now not only using in-
industry. Nevertheless, the new jurisdictions and can also pose sig- house teams but asking us to train
market opportunities presented by nificant hurdles unless thoroughly them in reporting – because apart
cross-border transactions are examined by experts. For instance, a from diligence, recording the results
accompanied by a range of chal- potential acquirer may assume that a and suitably carving out risk mitiga-
lenges. target’s past accumulated losses may tion is also crucial. This is equally
be set off or used, but this may not be critical for successfully planning
Site visits have become a little dif- possible in all scenarios. organic and inorganic expansion.
ficult to come by where cross-border
travel is involved. The ability to sit Tax planning and researching tax It is also imperative to discuss the
face to face and study body language implications, therefore, becomes impact of ESG on cross-border due
is priceless to decision-making. We crucial, especially at the diligence diligence. The shift towards a stake-
have seen clients often sign on to buy phase while acquiring any new busi- holder-centric governance model
ness. While this has not changed per across the globe has made investors
se due to the Covid-19 pandemic and more socially conscious. Companies
was something to be seen and are now evaluated not just from the
addressed even before, the impact of perspective of profitability but also
Covid-19 on tax holidays, ability to based on their focus on environmen-
complete tax-related obligations, tal, social and governance (ESG) fac-
etc., all need to be addressed. Akin to tors. With increasing awareness of
tax challenges, heightened risks are ESG issues amongst the various
posed in any M&A deal due to the stakeholders, we certainly see ESG
differences in the legal regimes of the becoming a prominent aspect and
acquirer and the target. This, in turn, gaining prioritization in the due dili-
makes the due diligence phase of any gence process during M&A deals,
deal extremely crucial for the viabil- especially in sectors such as infra-
ity and success of such a deal. This is structure, manufacturing and other
relevant to acquisition and also to heavy industries.
starting new businesses. Several
countries have revisited their foreign While organisations are becom-
ownership and investment regula- ing more competent and experienced
tions and introduced tightened in cross-border acquisitions by
screening procedures in new sectors. acknowledging the importance of
comprehensive planning and tap-
Engaging advisors experienced ping the expertise of external advi-
in handling the risks mentioned pre- sors to conduct thorough due dili-
viously is a first step which may be gence, it is still advisable to remain
taken. Legal advisors in the acquir- cautious as one navigates through
er’s home country may have substan- global economic and political insta-
tial connections with legal profes- bility.
sionals in the target’s home country

35 | BW LEGAL WORLD | October 2022

GUEST COLUMN

Designing the Law of the

TECHNOLOGICAL
FUTURE
As technology continues to advance, it will provide a
tremendous opportunity to many corporate support Eric Winston
functions, particularly legal. Legal must embrace
change and become fluent in these technologies Executive Vice-President, ,
to drive efficiencies. Legal will always be crucial to General Counsel; Chief Ethics and
business, but the way it is practised will evolve in Compliance Officer, Mphasis
concert with the relevant technology.
Law will deliver faster
We trust human a corporate function, legal is
expertise more than expected to meld with technology The corporate legal department is
t e c h n o l o g y. and business to help organizations expected to move out of its reliance
However, over the stay ahead in today’s hypercon- only on attorneys to deliver its prod-
last decade, as technology has trans- nected, customer-driven, digital uct. Legal departments will more
formed everyday life, the legal field world. Simply stated, one less week and more be expected to use artifi-
has also taken notice of its impact. of review and negotiation cycle time cial intelligence (“AI”) software to
Companies, in-house counsel, in a revenue-producing agreement derive patterns from huge data sets
paralegals, and other legal func- equals one more week of revenue in and comb through agreements,
tions that would not consider rely- a quarter. which will streamline the labor- and
ing on ‘non-human’ intermediaries time-intensive process of document
to execute on critical, time-inten- The shift has impacted several review to create more time in the
sive work are now implementing things, including corporate law, the workday to add strategic value.
technology tools, processes and lawyer’s role, and the way legal exe-
intelligence to speed and improve cutes on its expanding scope. Let us Although currently available
organizational outcomes. take a closer look at these changes by AI-enabled tools may not be able to
examining how these transforma- handle complex contracts, they are
This is because the law is inter- tions are being projected to evolve in demonstrating the ability to expe-
twined with every other function. As the coming years. dite the review of simpler contracts

36 | BW LEGAL WORLD | | October 2022

including Master Services

Agreements (MSAs) and

statements of work (SOWs). Implementing AI to sift through and identify

These have shown the poten- clauses that are out of the standard risk profile,
tial to be trained into such as unlimited liability for simple negligence, will
AI-driven tools to empower

automated ‘first-pass’ effectively streamline the process of reviewing tens
reviews. These tools help of thousands of pages of agreements.
speed up review workflows,

although a final review by a

legal expert is typically

required before sign-off. satisfactory. the diligence phase, a junior-level

Lawyers will work ‘smarter’ The professional development attorney will review every contract to
with new technology reward will not only be gaining tech- identify key terms where there may
nical expertise but the ability to be an elevated risk profile or gaps in

Now consider the lawyer’s role itself. move upstream, for example, to the terms that might otherwise mitigate

Humans will increasingly work strategic side to help model deal risk. This is a very time- and labour-

alongside machines in the coming structures for more rapid deal execu- intensive process.

years. In fact, according to the World tion. Lawyers can also collaborate “Implementing AI to sift through

Economic Forum, by 2025 ‘more in building a legal system where and identify clauses that are out of

than half of all current workplace next-generation technology steps in the standard risk profile, such as

tasks will be performed by machines’ to carr y out repetitive tasks. unlimited liability for simple negli-

as compared to just 29 percent today. Additionally, they will innovate ways gence, will effectively streamline the

AI is gaining traction because it to collaborate with AI and machine- process of reviewing tens of thou-

can efficiently perform repetitive learning-enabled smart machines to sands of pages of agreements”.

commodity tasks, freeing counsel to deliver legal function at competitive Of course, this does not mean

focus on what matters. For example, costs, and with greater convenience that AI can or will replace attorneys.

AI can sift through lengthy MSAs and personalization. Rather, as comfort with and confi-

and SOWs in seconds, highlighting Another example of this shift will dence in AI and ML increase, over

sections that are higher-risk and/or be the new ways in which existing time it will help improve efficiencies

out of compliance with the legal contract reviews will be conducted. and make it possible for deals to be

department’s contract clause play- Smart tech solutions such as AI and done more efficiently with horse-

book or missing key provisions alto- ML will be used to pinpoint key legal power focused on higher order work.

gether. This permits counsel to focus terms and ensure SLAs are accu- The future of law is
only on those provisions that rately tracked, obligations met, and technology-based and
demand review, modification, and payment and renewal terms cor- outcome-driven
negotiation rather than the entire rectly followed and implemented

agreement, saving valuable time. Bolstering Due Diligence As technology continues to advance,
These trends will impact lawyers’ in M&A it will provide a tremendous oppor-
tunity to many corporate support
professional development as well.

Their job will change because tech- AI will have important implications functions, particularly legal. Legal

nology will step in to solve problems for how Due Diligence is conducted must embrace change and become

in new ways. The price of admission for M&A transactions. Typically, in fluent in these technologies to drive

will be a clear understanding of the an M&A transaction, numerous efficiencies. Legal will always be cru-

technology itself, how it works and agreements must be reviewed, for cial to business, but the way it is

“learns,” and the appropriate audit example, the target company’s cus- practised will evolve in concert with

oversight to ensure AI results are tomer agreements. Currently, during the relevant technology.

Full panel discussion is available here: http://bwlegalworld.businessworld.in/article/
D e s i g n i n g -T h e - L a w - O f -T h e -Te c h n o l o g i c a l -
Future/02-05-2022-427355/

37 | BW LEGAL WORLD | October 2022

IN CONVERSATION

BEING CONFERRED
SENIOR DESIGNATION
IS MY MOST
CHERISHED MEMORY

If you could use only one In a candid like Delhi. It was tough for me to find
word, how would you fireside chat with a senior in the initial days. But in due
define your journey of Krishnendra Joshi, course, I found a senior in Mr Luthra.
more than two decades? ace criminal lawyer
and Senior Advocate So far as the question of giving up
It has been a romantic journey. If I is concerned, it never occurred to me.
have to define it in one word, I would Pramod Dubey Once I set my foot in the profession, I
say, it has been a ‘roller coaster’ of a did not look back. I put my hard
ride. opens up about his work even in routine matters and
illustrious journey, never entertained notions that I
The legal profession is a his support system would not survive in the profession
jealous mistress. Did you at home and much even though I was not getting where
ever have a moment in more. I was aspiring to reach in the initial
your career where you felt days of the profession.
like giving up? What were generation lawyer when
the struggles of finding you started? What was the most
your feet as a young first- significant turning point
When I joined law at Delhi in your life?
University, it was not my priority. I
came to Delhi to start preparations It is very difficult to say. I consider
for a competitive exam, and during every case a turning point in my
that phase, I applied for admission career. When I started my practice
to the Law Faculty, Delhi University, from my chamber, I remember I had
and I got admission. I passed out in very important matters to argue.
1995. Still, I must confess that the learn-
ings I got from the Tehelka
Then after passing, I was clueless Commission case were immensely
about what will be the next journey enriching and proved to be a turning
because I was a first-generation law- point in my career. While the case
yer. Like many first-generation law- was going on, I was given the job of
yers, I did not have any support sys- preparing lengthy cross-examina-
tem and was unfamiliar with a place tion.

Going back and forth with the
edited version of the recording and

38 | BW LEGAL WORLD | | October 2022

While money is seen as an important
barometer for success, always remember
that the legal profession is a profession of the elite
and will always remain a noble one.

synchronising everything to prepare the earliest landmark decisions of How important is family
questionnaires to be asked to differ- my career. support in one’s career?
ent persons involved in the case was
an experience in itself. In the same Which has been your Practising criminal law can be chal-
matter, I enjoyed the opportunity to favourite failure in your lenging at times. If you don’t have a
argue before the single Bench of the career? support system at home, you might
Delhi High Court and secure the not be able to do justice to your brief.
order in my favour. There was In my journey, I have never felt nega- My wife has stood by me right from
another case involving a rape victim tive about any circumstances I my days of struggle. She looked at
in which I had a memorable experi- encountered in the profession. I have life’s situations practically and
ence in terms of cross-examination. always been an eternal optimist in always guided me to keep a calm
my life and career and would not like head on my shoulders. She always
You credit a big chunk of to label any incident or setback as a encourages me to give my best to the
your success to Prof. B. B. failure. It has been and continues to case whether I get success or not in a
Pande Could you tell us be a learning process that I have particular matter.
how he made a difference thoroughly enjoyed.
in your career and life? What would be your
What was the biggest mantras for success
Being a first-generation lawyer, I learning you imbibed for young and aspiring
could not find a senior in my initial from your senior, Mr K. K. lawyers?
struggle after completing L.L.B. Luthra?
When I did not know anyone in the Success for me in the profession
legal fraternity, Professor B.B. Mr Luthra always emphasised on means maximum recognition at the
Pande’s advice and encouragement virtues like honesty and integrity. Bench and the Bar.
came as a blessing. I was planning to These virtues, I believe, are the hall-
leave Delhi and start my practice at mark of the legal profession. Besides, “While money is seen as an
my native place in Bihar, but Prof. how he respected his colleagues, jun- important barometer of success,
Pande convinced me to stay in Delhi iors and staff members was some- always remember that the legal pro-
and made me join a senior chamber thing to imbibe as a necessary trait fession is a profession of the elite and
in the national capital. to succeed in the profession and life. will always remain a noble one”.
Being respectful and courteous to
Which has been your most everyone around you is a crucial My senior, Mr K. K. Luthra,
memorable case? character trait for everyone to incul- imbibed in us the three core values
cate in today’s times. fundamental to the profession. These
If I could take the liberty of naming are Discipline, Patience and Integrity.
more than one case, I would say the What has been your most
Tehelka commission case and the cherished memory to This profession demands disci-
Tarun Tejpal rape trial. Besides these date? pline and integrity every day. The
two, there was a case before the sin- young generation must never get
gle bench of the Delhi High Court Being conferred Senior Designation impatient in their pursuit of success.
that involved charges on a journalist is my most cherished memory to date. It takes time to hone the craft and
for conducting a sting operation earn recognition from your peers in
under the Official Secrets Act. This You often say your wife the profession. And if you treat the
case was special because it was one of has been your biggest court as a sacred temple, you will
strength in this journey. never fail in your duty towards the
Court and your client, and success
will come incidentally.

39 | BW LEGAL WORLD | October 2022

IN CONVERSATION

Interviewed by Krishnendra Joshi

We need to provide women with a

LEVEL PLAYING
FIELD

In this exclusive interview

Vani Mehta, General Counsel, South

Asia, GE talks about her illustrious
journey in law, her transition to an in-

house role and much more.

What motivated you to young lawyer and tutelage by seniors Today, the legal profession has
pursue law? really motivated me to pursue this evolved multi-fold with the advent
profession with passion. of many law colleges across India,
Well, law happened to me less by and the structure of law firms
choice but more due to destiny. I Compared with your changed to focus on different niche
guess destiny has a very important experience at Little & areas of practice. The options avail-
role to play in one’s life and the deci- Co., how have internship able to students and choices to make
sions we take. I have been a political progammes evolved over are many. In those days, not many
science (honours) student and was time? people would really apply for intern-
pursuing my masters in political sci- ships during college, or even if they
ence with an inclination to join aca- Well, at the time when I passed out applied, it would be mostly in litiga-
demia. However, throughout my in 2005, the concept of internships tion, to begin with.
masters, my lecturers and my family can’t be compared to internships
strongly felt that I was best suited today. Today’s internships are well-
for the legal profession and should
consider it. With initial reluctance,
it wasn’t even with the thought that I
would be a practising lawyer one
day.

My interest in law as a profession
ignited during my second year of law
when I had the opportunity to intern
at one of the oldest and most prestig-
ious law firms in India, Little &Co.
The mentorship and guidance from
partners at the firm helped shape
my legal skills and thought process. I
have had the privilege to experience
both the litigation and corporate
side of law since the early years of my
career. The atmosphere and expo-
sure of a full-service law firm as a

40 | BW LEGAL WORLD | | October 2022

thought-out programmes, and stu- of my peers would join banks or to the organisation and department,
dents are focused on with whom and FMCG, but not many lawyers would which is not the case in law firms
in which areas they want to intern. take on the IT route. I took it more which is a big differentiator as a law-
from a challenge perspective and yer.
As a student, I just wanted to more in terms of trying something
work in a law firm which gave me new. It was a good opportunity and WCoourknsaesl an In-House
exposure to both corporate and liti- fuelled my commercial spark as a
gation practice areas. Also, almost lawyer. Also, learning to work You have recently been
18 years back, corporate areas such across-cultural environments and elevated as General
as competition laws, information with commercial teams was an Counsel at GE for South
technology, data protection, and exhilarating experience. Asia. What responsibilities
M&A were just beginning to pick up does the new role bring?
as the Indian economy grew. Coming to the second part of the
question, I know many people would As a General Counsel, typically, one
The corporate practice meant a beg to differ on this, but I would def- is responsible for overall legal
lot of capital markets, and foreign initely say that it is very important thought leadership to the various
investment and Internships back for any young lawyer to spend initial GE businesses in India and South
then were very litigation intensive. years in private practice in law Asia and also handling legal func-
Young students are more inclined firms. tions in the organisation. GE has
towards corporate areas of practice, recently announced its three new
but at our time, it was like, you got to At law firms, you are trained brands, GE Aerospace, GE
get your legal fundamentals at the early in the art of drafting, research- Healthcare and GE Vernova,
courts right, you got to do a litiga- ing, briefing seniors, and preparing planned separation into this three
tion internship. memos/opinions meticulously. Also, industry-leading, global, invest-
a lawyer gets to practice in diverse ment-grade public companies
Today, I do acknowledge that areas dealing with clients from dif- focused in the field of aviation,
given that there are so many law ferent industries every day. healthcare, and portfolio of energy
firms and so many law schools in Unfortunately, this experience can- businesses, including GE Renewable
India, it is still difficult to find the not be replicated in-house, and this Energy, GE Power, GE Digital, and
right spot. definitely is an added advantage to GE Energy Financial
anyone in private practice, espe-
You started your career cially in the early years of one’s pro- Services in GE Vernova. These
at a prominent law firm. fessional life. developments offer me a unique and
What made you gravitate interesting opportunity as General
toward an in-house role? All of these are essential traits Counsel to contribute to this his-
Is law firm experience for any lawyer and are essential in toric split and work towards the new
quintessential to one’s in-house role at any stage of phase of the company.
becoming a competent one’s career. Especially in today’s
in-house Counsel? fast-paced world that we are in, one How will a General
is expected to render advice in dif- Counsel’s role evolve in
Well, I almost did seven years of pri- ferent industries on different sub- the next five years?
vate practice, and the reason why I jects at the drop of a hat, and a law
gravitated toward an In-house role firm prior experience certainly is So, I think it’s very important that as
was thanks to destiny. At that point valuable and gives one an edge over General Counsel, you become the
in time, when I was working in the others. fabric of the company that allows
law firm, I was doing heavy work you to be far more effective than any
ranging from capital markets, So, law firms give you that big outside counsel because you’re closer
M&A, and real estate to litigation, umbrella to learn, and I think it is to the facts and you understand
and somehow, there was a bit of essential that in the initial years that business strategy. This has been a
inertia beginning to set in, espe- learning should come. Whereas, if a journey of evolution in role of today
cially in terms of the kind of work new joinee coming straight out of and should continue.
that was coming my way. I wanted to law school would join somewhere in-
explore more as a lawyer and decided house, they would be learning rather Going forward, businesses are
to go in-house. My first break was than contributing to the organisa- going to shift and look at the GCs, as
with Ariba, now SAP. It was a com- tion’s goals as part of the legal not as just legal advisors, but as part
pletely different thing at that point department and further their learn- of the business team, as somebody
in time to get into an IT firm. Most ing and knowledge would be limited

41 | BW LEGAL WORLD | October 2022

IN CONVERSATION

who is a business enabler and a

business partner; that shift has You have international funds coming in and
already started to happen international organisations setting up
wherein you are looked upon as

a very key stakeholder in any businesses in India. So, there’s a huge investment
company and that I think it is
going to grow even more in the and churn in the real estate portfolio. All this is going

coming years. And today, the to lead to better management for the consumer as

trend is also that a lot of well as the developer.
General Counsel are on the

board of directors, you’re part

of very senior leadership. So,

there’s active involvement by the ber doesn’t feel they are working in be treated as a business priority by

General Counsel in all aspects of isolation and silos. A lot of people an organisation’s leadership and

business apart from the traditional were not comfortable with the con- should be taken very seriously. We

role of being just legal advisors. cept of working virtually. So having need to have the right policies, prac-

Today and in coming years, GCs are that mindset shift was very impor- tices and implementation in place in

going to be part of senior business tant to be able to make that change our workplaces and in the corporate

leadership teams and contribute to quickly. So, it was a collaborative world to set the right practice.

the growth of organisations in ways effort; we made sure that from a Leadership has to rise to support

beyond what many of us can imag- team perspective, we remained communities to provide encourage-

ine today. together and supported each other ment and support to get main-

DIne-HpaorutsmeeLnetgaatlGE in difficult circumstances while stream acceptance while at the same
making sure that deadlines were not time not compromising on meritoc-
missed and work was not impacted. racy. Organisations must look at

How did your team Now that we have the opportunity to women beyond just women and con-
respond to the challenges meet the teams, there is enormous sider them as professionals with the
of working in the backdrop camaraderie that we all share. potential to grow.
of Covid19?
We have all been through so “Fundamentally a shift needs to
much, and yet the team has risen to occur in how women are treated in

Well, a lot of the team members are the challenge and now it gives them our society; we need to provide

used to working virtually. However, a new sense of empowerment and women with a level playing field

when it came to situations like achievement. right from home, be it in terms of

COVID, where it was full-time being Although Corporate education, the pursuit of a career or
virtual, the team really stood up to India is taking initiatives the freedom and encouragement to
the challenge. And they have done a to bridge the gap in work”.
phenomenal job of being there for creating diverse and
the business in these times, and I inclusive workplaces, a Expert Insights
have had personal interactions with lot needs to be done to
the teams wherein, despite having to see more women donning What are the trends that
face day-to-day infrastructure the decision-making hat are going to dominate the
issues and day-to-day issues like at senior positions in the real estate sector in the
people requiring medical support. management. What are coming years?
your thoughts on ensuring
People were there for the com- diversity and inclusivity at Well, I think real estate is going
pany supporting the teams non-stop workplaces? through a different sort of a cycle
during these times. It also goes back wherein with RERA coming in a few
to the fact that we need to empower years back, there’s been a recogni-

our teams, and as senior leaders, we When we talk about inclusivity and tion that the real estate industry, is

must build trust and support each diversity, I would stretch it beyond an industry and not an unorganised

other. diversity and inclusion for women sector.

You have to invest a lot of time in and take it to the LGBT community And I think that has led to a very

your talent to ensure that people are as well. good path for the industry. There

empowered and that a team mem- Diversity and Inclusion should has been a lot of movement on dif-

42 | BW LEGAL WORLD | | October 2022

ferent brands regarding real estate all. several risks at various points in my
organisations. But unfortunately, ESG has to be customised to an career, be it moving in-house from a
due to Covid, the real estate sector law firm, after that shifting into a
has slowed down. industry. What applies to FMCG specialist role and now to being a
cannot apply to the mining industry. generalist.
But what I am really excited And that is where the role of an in-
about and look forward are the real house team comes into play. But one piece of advice I could
estate funds. And I think there are give young lawyers is never be afraid
some great opportunities for this The team has to ensure that of taking challenges in your career
industry to rise and shine and what comes before the board is not and also not to let anyone define you
become structured, just as with any just a standard form but what we by the role that you hold. If you feel
other sector in the economy. customise per the company’s you need to take on a new challenge,
requirements. It must also be able to do not get heartbroken if you do not
And I think it’s a very exciting present a very holistic picture to the find the right people to cheer for you
place. investors. Businesses are not just in the room. You have to be your
about profit these days. There are so cheerleader at times and decide
“You have international funds many facets to a business that an what is right for you. When I took
coming in and international organi- informed investor looks at, and ESG the role of real estate lawyer at GE,
sations setting up businesses in is one of them. not many people thought it was a
India. So, there’s a huge investment great idea, especially given that I
and churn in the real estate portfo- Work-Life Balance have been a generalist in the first
lio. All this is going to lead to better decade of my career practising cor-
management for the consumer as How has remote working porate and commercial law.
well as the developer. And for the changed the concept of
Industry, we are going towards a far work-life balance? But I thought to myself. Why
more structured approach.” not? It was an opportunity I did not
I think it has made it more difficult. want to let go of getting to work for
What role do you foresee It is far more challenging because one of the most respected compa-
in-house departments the temptation to return to your nies in the world.
playing when it desk is greater than it used to be ear-
comes to integrating lier. I think there is no sure-shot for-
ESG parameters in mula for success. You can reach your
businesses? However, I think what has destination by taking a different
worked for me is that I had a very route. You need to know what you
Well, ESG has been the buzzword structured way of going through my want and how much time you are
for the corporate world for a while day despite working from home. willing to invest in it; patience is a
now, especially within India, with virtue one needs to inculcate. And if
the CSR reporting norms changing I make sure that I’m able to you have the passion, you need to
and SEBI coming up with so many spend some time, at least maybe stay invested and have the right sup-
disclosure requirements. somewhere early morning, doing my port system. And from an in-house
exercises or just making sure that I counsel perspective, I would say it is
Now with the top thousand com- do my few minutes of meditation very important to learn about the
panies coming up with the disclo- and make sure that I stay healthy business to be an effective contribu-
sure requirements in terms of ESG mentally and physically. Covid has tor in one’s role and the organisa-
reporting, the in-house counsel has taught us that health is extremely tion. It’s imperative to have the com-
a very important role in ESG report- important for everyone, and we mercial spark in you and be a team
ing. must focus on being healthy as a player. Ultimately, I would like to say
personal priority. that there is no substitute for hard
And reporting is a very evolving work and passion in one’s career.
subject at the moment when we talk ARedcviocmemanedndBaotoiokns
about ESG, environment, sustaina- Would you please
bility and governance, three very What advice would you recommend any book
independent factions of ESG, which like to give to young that has left a lasting
have to be looked at from an indus- lawyers wanting to tread impression on your mind?
try perspective. a similar path?
Where memory fades by Fali
And what In-house counsels I have taken a path which not many Nariman and the Alchemist.
really need to understand and where people usually take. I have taken
they will be able to contribute effec-
tively is that there is no one size fits

43 | BW LEGAL WORLD | October 2022

COVER
STORY

By Team BW Legal World

CRIMINAL JUSTICENEED FOR A COMPREHENSIVE REVIEW OF THE
SYSTEM OF THE
COUNTRY SATYAPALSINGHBAGHEL,

Minister of State,
Ministry of Law and Justice

In conversation with BW Legal World, Shri (Prof.) Satya Pal Singh
Baghel, Indian politician and current Minister of State in the
Ministry of Law and Justice talks about various initiatives taken
by the Narendra Modi Government for betterment of the justice
delivery system of the country and important yojanas introduced
for upliftment of Bharat—the rural India.

What would you call a major achievement of your
government when it comes to your ministry over
the last 8 years?

This has been the first time since independence that
Prime Minister Narendra Modi and his council of min-
isters have remained unblemished for eight long years
in the Lutyens zone. These eight years have been devoid
of corruption and replete with progress. I always say
this couplet on the circumstances existent in 2014
when Narendra Modi came into power, “Na majhi, na rehbar, na hak
mein hawayein, hai kashti bhi tooti, yeh kaisa safar hai. Fakiri ka
apna alag hi mazza hai, na pane ki chinta, na khone ka darr hai.”
This closely translates to how the person who does not get embroiled
in the dilemmas of gain and loss, is able to take big decisions in the
national interest, which were taken by Narendra Modi.

44 | BW LEGAL WORLD | | Septembe 2022

Under the able
leadership of
Narendra Modi,
we’ll certainly become
Vishwa Guru and have
universities as famous
as Nalanda and
Takshashila again

45 | BW LEGAL WORLD | October 2022

COVER
STORY

What are some of the ple to subscribe. If any person
reforms in the pipeline dies due to an animal bite,
planned by your ministry? road accident or natural dis-

As I said before, the past eight Na majhi, na rehbar, aster, the person would
years have been driven by progress receive these 4 lakh rupees.

and devoid of corruption, which na hak mein hawayein, With these 4 lakh rupees
cannot be paralleled in politics. basic necessities of a villager

Our government has introduced hai kashti bhi tooti, can be fulfilled. Thus, this has
schemes like Direct Benefit been a big work.

Transfer, so today when one rupee yeh kaisa safar hai. During the monsoon,
is sent from Delhi it reaches the when fuel used to get wet, it

village with its full value intact. Fakiri ka apna alag hi used to be very difficult for
Many Prime Ministers knew the womenfolk. Therefore,
mazza hai,
the plight of the women who uri- na pane ki chinta, the Prime Minister intro-
nated and defecated out in the duced Ujjwala Yojana and
open. Narendra Modi took it upon provided LPG cylinders.

himself to initiate the construc- na khone ka darr hai. Today, we have also
tion of toilets throughout the ensured that the poor do not

country. While being in the Police, die because of lack of treat-

whenever I noticed an FIR for ment for their ailements.

rape, I used to see that rape com- Through the Pradhan Mantri

monly occurred when the victims went out to relieve Swasthya Yojana, which is through the Ayushman Card,

themselves in the open fields. Because in those times, a person can avail treatment of up to five lakh rupees in

women used to go out for defecation only after sunset or good hospitals.

before sunrise. The criminals took advantage of the dark. Labourers have also benefited through welfare

So due to these toilets, rapes have drastically reduced. schemes for their children by way of Direct Benefit

Another great achievement is the Pradhan Mantri Transfer. Their children will be provided financial sup-

Gramin Awas Yojana. (The Mission addresses urban port for their education and marriage.

housing shortage among the EWS/LIG and MIG catego- All these, in totality, are very big policies. All these

ries including the slum dwellers by ensuring a pucca works are amazing. I think we have also reached new

house to all eligible urban households.) heights in the sphere of international politics. When

To protect the family of the deceased, Prime Minister Prime Minister Narendra Modi assumed office, President

started the Pradhan Mantri Jiwan Bima Suraksha of the United States Barack Obama came to grace the

Yojana with the only condition that the person’s age occasion on our Republic Day. Modi Ji talked about the

should be between 18 and 70 years. It does not matter US President by using his first name, which is usually not

whether he is poor or rich. considered formal. So, when Modi Ji called the US

About 80 crore people in this country are part of the President Barack, we understood that we are close friends

Public Distribution System and collect their wheat and with America.

rice free of cost. People apply for toilets, for homes, for Many laws have come and then there were
Ayushman Health Card, widow, disabled and senior citi- rollbacks. What was the
zen pensions. We need to issue?
understand that this is a coun-
In Narendra Modi’s
try of the poor. That is the rea- leadership, we think There are many qualities and
son we have a life insurance in shortcomings of the federal sys-
which only 20 rupees have to be tem in our country. There are

paid in a year. ahead of the time. This is many political parties. There are
Then there is Pradhan people who pursue their own

Mantri Jiwan Jyoti Yojana in the golden era for India interests and their party’s inter-
which 400 rupees have to be ests instead of the national

paid in a year and two lakh is the and things are improving. interest and then their state’s
sum assured. There are two life interests. Instead of “Jai

insurances available for the peo- Bharat” people take the name of

46 | BW LEGAL WORLD | | October 2022

I would like to communicate to the legal
fraternity that we are going to bring about

big reforms in the national interest.

their state. What I mean to say is that there was no deficit cultivating honey, flowers, fruits. Now with contract
in the laws. People have freedom of opinions in this coun- farming one could get Rs. 20,000 instead of Rs. 10,000.
try. We are a democratic country. Albeit, it seems people Also, there would be repercussions for breach of contract.
were swayed. No one would be able to usurp the lands of others.

BJP thinks about the nation first, party second and What are some of the other laws that
then individual. But for the others party is first, second require a change?
comes the individual and nation is nowhere on their
agenda. In totality, the laws that we passed were in the Prime Minister had expressed his wish at Vigyan Bhawan
national interest. People could not understand them. in 2016 that there is a need for a comprehensive review of

People got misled by the opposition leaders and agita- the criminal justice system of the country. High Courts
tions took place. and all judges of the Supreme Court were present. PM
had expressed his desire to repeal the colonial laws that
I would like to appreciate Prime Minister Narendra had become obsolete.
Modi. Even today my opinion is that Farm Bills were in
the interest of the farmers. If you ask me why they were I would like to communicate to the legal fraternity
taken back, PM Modi took them back because he has a that we are going to bring about big reforms in the
big heart. national interest. We repealed Articles 370 and 35A.
Triple Talak was also nullified.
For instance, I have given my farm on contract to
someone at a fixed price of Rs. 10,000. There may be Likewise, 1450 irrelevant laws have been repealed in
scope of cheating. But Farm Bills would have led to con- Modi Ji’s regime. Indian Constitution has gone through
tract farming. Thousands of companies would have taken more than 100 amendments. Prime Minister and Home
part in it. Many students are pursuing their education in Minister are working to reform Indian Penal Code
organic farming and business management. People are (1860), Indian Evidence Act (1872) and the Criminal

47 | BW LEGAL WORLD | October 2022

COVER
STORY

Procedure Code (1973). Though CrPC has been amended Under the leadership of Narendra Modi,
twice in the past, IPC and Indian Evidence Act have only the appointment of judges has
had some changes from time to time. An overhaul of the
nation’s criminal justice system is much needed. The increased by 150%
criminals have changed, the law enforcement has
changed. On Prime Minister Modi’s instructions, the leadership of Narendra Modi, we’ll certainly become
Home Minister is working to make huge reforms in the Vishwa Guru and have universities as famous as Nalanda
IPC, Indian Evidence Act and the CrPC. and Takshashila again.

Two most important things Legal There are about five crore cases pending at
Education in India must focus various courts in India. How is the Ministry
on. of Law and Justice planning to address it?

Top priority is education and the ones who Five crore pending cases is a big number but the popula-
impart it. Therefore, institutes must tion of 130 crore should also be
ensure their faculties are good. Secondly, taken into account. India’s law and
entrance exams should be of gold standard. justice system has been based on
Advocates are one of the three privileged people in this religion and is entrenched in the
country. Teachers and doctors are the other two. When system.
we look back at the independence struggle most people Law and justice have a method.
who participated were law graduates. Be it Mahatma There is a court procedure of first
Gandhi, Jawaharlal Nehru, Sardar Vallabhai Patel, issuing summons, then bailable
Motilal Nehru, all were advocates. warrant and then finally non-baila-
ble warrant. Thereafter property
Earlier geniuses used to pursue this profession. Then gets attached. The person cannot be
there was a steep drop in the standards. Bar Council set straightaway hanged to death. It is
the benchmark as 45 per cent for registration. But now, also incumbent on the people to
things are changing. Presently, India is producing appear in Court on time.
Under the leadership of
80,000 lawyers every year. Now, every fifth student says Narendra Modi, the appointment
that he/she is preparing for Law. Science graduates are of judges has increased by 150%.
also inclined towards legal issues such as DNA and Lie This Government has constituted
detector and biological tests; forensic sciences that POCSO Courts and Fast Track
include footprint and fingerprint, semen test and more. Courts. During the pandemic when
So times have changed and for the better. Under the able
justice was under a lockdown in the world, our courts
have done virtual hearings throughout the country and
one should not lose sight of the progress. I would like to
assure everyone, that in Narendra Modi’s leadership, we
think ahead of the time. This is the golden era for India
and things are improving.

48 | BW LEGAL WORLD | | October 2022



LJUARWY SCHOOL RANKING 2022

BW Legal World releases its
inaugural law School
Ranking for the year 2022

Celebrating the top 100 premier legal education
institutes in India for their contribution toward
shaping the legal minds of the future.

Education is not the
filling of a pail, but the
lighting of a fire.

—W.B. Yeats

Recognizing that knowledge is power BW Legal who did not respond to our postal mails; government
World set out on the search for the premier rankings; jury assessments and inputs received from the-
educational institutes that have contributed Industry as part of our due diligence. The rankings aim to
toward igniting young legal minds and helped capture the industry’s perception through the collective
them in charting a career in law for themselves. views of practitioners, academicians, general counsel, law
firm partners, and legal experts represented by our Jury.
To ensure—in the words of Abigail Adams—‘learning
is not attained by chance, but is sought for with ardour and The virtual Jury Meet was held on June 11, 2022,
attended to with diligence,’ BW Legal World decided to where all the Jury members shared their insights and
launch its inaugural edition of BW Legal World Law peer perception about the shortlisted colleges to guide
School Rankings 2022 based on primary sources for insti- and lend sterling credibility to the process.
tutes who shared their data; secondary sources for those
The intention of the publication is to celebrate the top

50 | BW LEGAL WORLD | | October 2022