This interview has been published by Anshi Mudgal and The SuperLawyer Team
How and why you decided to pursue law or make law your career. But along with that, when did you decide to get into civil and constitutional matters? What was your system and what kind of challenges did you face even before doing all this?
The most important thing is that law was never in my mind in my initial days of studies. I wanted to be a doctor. And yes, it is true that I am a second generation lawyer. So, my father remained a very noted criminal lawyer in Allahabad High Court. And then he got elevated to the bench. He remained a judge of Allahabad High Court. And after that he retired as a judge of Allahabad High Court. He became the law commission’s chairman, etc. And now he’s practicing as a senior advocate. So law was never intended. As it happens with many of us. So yes, but law is something, which I believe, which if I had not taken it as a career, then I would not have thrived this much. And I personally feel that law is the only thing which is meant for me. With the efflux of time, you always feel that you can do this, you can do that, but then I personally feel that law is the only one trait where you can achieve anything and everything. That’s one. Secondly, there is no monotony involved in this profession. Every day is a new day. And, every day is a new challenge. Every day is a new case. Every day you get to fight with your friends, your loved ones, your very close ones. And one more thing which is very important is that while we call it practice. It is something that nobody’s perfect. And, even my senior, Mr. SP Gupta used to say that we call it practice for the reasons that we practice it daily. And therefore, nobody’s perfect, even if you falter, if you fail, if you do not deliver properly, then there will be a new day, there will be another day, which is coming and you will succeed. So practice daily and practice with perseverance, practice with utmost devotion, you will succeed. I’m sure about it. So the second thing that you asked was the first hand experience of being a lawyer. So being a lawyer, I told you, this is the best trait one can enter. And for a new lawyer, it is important that in the initial days, he should invest maximum of his time in studies. Apart from preparing cases and preparing your briefs for the seniors and working with them. Doesn’t mean that everything has to be done by the senior. And one should not think that if I’m the last man sitting at the bench in the conference room, or maybe the last man standing in the courtroom along with the team, then my efforts will go unrecognized, nothing. If you’re working, you’re working hard, you will be recognized, your seniors, your immediate colleagues, and even judges. And there’s one more thing which I always remember of my beloved senior. He always used to tell me that when you enter the courtroom, do not try to impress the judge. Try to impress the seniors who are sitting in the courtroom. Because they will be the mouthpiece of yours. They will be talking about you in a thousand places. That this lawyer is doing good, this young lawyer has got good intent of law, etc. So, I personally feel, I develop my practice in this way only, that I never intend to impress upon a judge. My intent was to impress upon my colleagues. My senior advocates, my seniors, immediate seniors who are sitting in the courtroom and whenever I enter the courtroom, they always tell me that if he’s coming, he would be stating the correct facts. He would be placing everything with utmost clarity and without there being any form of deviation from the ethics and the principles which are norms set by our customary ethics and practices. So that’s important. One more thing which is very important, my senior always told me, a lawyer wins a case at his table and he loses the case at his table. It is not in the courtroom. The courtroom is meant for deliveries of your preparation. So to the young lawyers who are all joining the profession of law, it is important that they should try to invest more time on their table, whatever form of table they have, whatever form of chamber they have, big, small, whatever. If you invest your time on the case, preparing it and preparing it thoroughly. You’ll definitely win. You’ll definitely succeed.
Sir, we’ll continue with the aspect of your beloved senior, Mr. SP Gupta, former Advocate General of Uttar Pradesh, who has influenced your lawyering system. He provided you with a platform to grow and helped you shape your mindset on how to work. If you don’t mind, could you discuss some of the most important, challenging, or rewarding cases you handled under his mentorship, and the lessons you took away from those experiences?
See, when I joined Mr. SP Gupta, he was already at the pinnacle of everything. He was at the top of his field. So, when I joined him, I was extremely happy because it felt like a dream come true. I was joining someone whom I had read about in books. I believe the first case law I read during my law college days was Kesavananda Bharati and SP Gupta vs. Union of India. So, to join him, someone you’ve read about in books, was a much bigger thing for me.
When I joined Mr. SP Gupta, he was already a top-notch lawyer. He had previously served as the Advocate General twice in Uttar Pradesh, and when I joined him, he had just completed his tenure as Advocate General. When I joined him and almost left his chamber, that was when he became Advocate General again. From Mr. SP Gupta, we learned everything. Whatever my practice is, wherever I stand today, it’s all because of my senior. He taught us everything, right from the basics.
One thing I always remember about him is that he was very fond of everything in life, but he invested maximum time in reading books, journals, and other things. When I joined Mr. SP Gupta, he asked me one question that I still remember. He asked, “Do you read novels?” I said, “Yes, sometimes, not regularly, but often.” He then asked, “When do you read them?” I replied, “Usually in the evenings, or just before going to bed.” He said, “I want to see what kind of novels you read.”
I thought my senior was interested in my taste in reading, so I gave him extra books—ones that were not even related to me or the genre I typically read. I thought I would show him that I had a wide range of books. The very next day, I was very curious, and I asked him about the books. He said, “They’re in the store.” I asked, “What do you mean by the store?” He replied, “Those books will remain in the store, and they will not be given back to you.” I was surprised and asked why.
He said, “Instead of reading novels or fiction, you should keep a legal journal, a law journal—whether it’s weekly or monthly—by your bedside. Before you go to bed, you should read it daily.” I asked, “What kind of judgments should I read?” He replied, “Beggars are not choosers. You’re a beggar, you don’t have anything in your pocket. So, collect everything with both your hands and leave nothing behind. Start from page one and read through to the last page of the journal. Read it like a novel. For you, everything—the fiction, the thriller, the romance—everything is in that law journal.”
He recommended keeping two journals and reading them daily. Even if I don’t intend to practice in a particular field, like tax or company law, I should read it. His point was that reading was for preparedness, not necessarily for immediate specialization. It helps in learning how judges write, how law evolves, and eventually, one day, you’ll get a case related to something you have read before.
I followed this advice for a significant portion of my career. Though nowadays I don’t do this as much, given the online updates from sources like Live Law, Bar and Bench, and others, I still believe it’s a valuable practice. I would always recommend young lawyers to follow this approach. It helps them understand how things work in the courts and gives them insight into the functioning of the judiciary.
Another lesson I received from my senior was about the analogy of a grocery store. He always said that a lawyer’s chamber is like a grocery store. There are two types of grocery stores. One carries only a limited selection, while the other is a bigger store with a variety of options. If a customer asks for a chocolate in the first store, the reply would be, “Yes, we have a chocolate, take it.” In the second store, when the customer asks, “Do you have a chocolate?” the reply would be, “We have five brands of chocolate, and each brand comes with ten different flavors. Which one do you want?”
He asked, “Who would you choose?” The point was clear: preparedness is key. When a client comes to you and asks for something, you should have it ready to offer. A lawyer’s chamber should be like a well-stocked grocery store where you can offer solutions immediately.
He also emphasized that a lawyer should always be prepared. When a client asks for something, they shouldn’t be told, “Let me check if I have that.” Instead, you should be able to say, “Yes, I have it.” Preparedness is what clients look for, and it’s what makes you stand out.
These lessons—hard work and preparedness—have stayed with me. Mr. SP Gupta always told me that specialization comes after years of practice, after you’ve invested ten or twenty years into your career. Before that, the key is to be well-prepared in every field. Whether it’s tax, criminal law, or constitutional law—be prepared for anything that comes your way.
You were with your senior for quite some time and you decided to start your own law firm at a very early stage of your career. How did that happen? And what actually were your plans, or rather, what are your plans for moving forward, and the things that you are seeing nowadays?
In the legal profession, so many things have changed drastically, especially after COVID hit us. The kind of practice that you may have seen earlier and the kind of practice we now have – where do you see the legal practice going? And how have you equipped yourself with the new practice that has come up, especially the online aspect?
Sure! Here’s the rephrased version without changing the meaning of the text:
Let’s start with the online aspect. After the COVID pandemic, we’ve entered a new normal, which includes the way we interact now. This is the new normal, and we all need to be prepared for it. As I mentioned earlier, technology has greatly evolved. While I still subscribe to journals and continue to read them, we’ve also shifted to digital means of gathering all types of information.
With this shift, it’s crucial to be clear about one thing: if you don’t keep up with technological advancements, you’ll become obsolete. You must adapt to these changes. That’s one point. Secondly, with the development of AI, there are many challenges. People see it as a helpful assistant, but I believe constant supervision is necessary. One should never rely entirely on AI because, at the end of the day, it remains artificial, while original thought should remain original. That being said, I strongly recommend that as technology changes, and as the ways and means of obtaining information evolve, you must stay in tune with these developments and remain aligned with them.
Regarding Mr. Gupta’s role in the development of my practice after I made the shift, I worked with him, interned with him, and then joined his chamber. I continued working with him until one day in 2012 when he was appointed as the Advocate General of Uttar Pradesh for the second time. It was his decision, not mine, because when you refer to someone as a senior, you must trust their judgment entirely. It’s their decision when the time is right for you to start your independent practice.
So, when he received this prestigious appointment, he called me and asked to discuss something with me. I went to his chamber, and he said, “Shivam, I think it’s time for you to start your independent practice.” At that time, I wasn’t very sure, because when you’re working with a senior, you have a shield. But when you start independently, that shield is gone, and you are accountable for everything. You’re responsible for everything that happens in your chamber. This was one of the challenges I faced after leaving Mr. SP Gupta’s chamber because once you’re independent, every decision, every case, and every outcome falls on your shoulders.
There are good days, but there are also bad ones. In the beginning, it’s hard to know when you’ll land in a good spot or a bad spot. But, as I said, it was his decision, and he believed I could develop into a good lawyer over the next ten years. So, I started my practice independently. Of course, there were benefits, like getting referrals and support, but ultimately it’s your responsibility to maintain and grow your practice. You might get nominated and appointed as a lawyer for any big firm, corporation, or entity, but that company or entity won’t retain you if you don’t perform well.
My senior recognized my potential and encouraged me to focus on the civil side of law. At that time, my father, who was a judge at Allahabad High Court, had restricted me and my brother from practicing criminal law. He had issued a strict instruction that we should not be seen on the criminal side of the Allahabad High Court, which was split into two blocks: one for civil matters and one for criminal matters. His reasoning was that if we were seen in the criminal side, we wouldn’t be allowed to continue in the chamber.
So, one of the reasons my senior recommended that I start my independent practice, particularly on the civil side, was because of my father’s directive. He believed that if I could establish myself in civil law, I could eventually practice on the criminal side too, though I’m not undermining the criminal side. Having experience in civil law gives you a better understanding of how things work, which can be helpful when dealing with criminal matters. I tried my hand at criminal law as well, but my main area of expertise has always been civil law, and I enjoy practicing in this area.
That’s how it happened. My senior’s recommendation was crucial in guiding my decision. As for the development of a law firm, my senior had once suggested that I move to Delhi to start practicing in the Supreme Court while my brother would continue in Allahabad. But this plan didn’t work out. My brother chose to move to the Supreme Court, and I stayed in Allahabad, but we decided to start a small law firm. My brother took charge of that, and the firm has been growing ever since.
Developing a law firm or a chamber is all connected to your practice. It’s about conceiving ideas and adapting to the evolving landscape. But I would say that having an independently established practice can sometimes be more rewarding than having a law firm. The growth of your practice depends on how you nurture it, and a solo practice can often be more fulfilling than being part of a larger law firm.
You’ve dealt with a versatile range of cases, which is not easy for anyone. You’ve ventured into many different, complex matters. How have you navigated through all of this, especially keeping in mind that you not only have to understand these cases but also help your clients understand what you’re doing? There must be some impactful cases that have shaped your career and changed your approach. Could you share a couple of such impactful cases?
As I mentioned earlier, when I started my practice independently, I was appointed by one of the most prestigious corporations in the state, the New Okhla Industrial Development Authority (NOIDA). At that time, I was appointed as the standing counsel for NOIDA. In addition to NOIDA, I was also appointed for the Ghaziabad Development Authority, UP Power Corporation, and Kanpur Development Authority, along with several other corporations. However, NOIDA was the one corporation that was facing the highest number of litigations. If you recall, there was a significant full bench decision in the case of Gajraj Singh, which I was part of—not as the standing counsel for NOIDA, but as a respondent represented by my senior, where I was assisting him.
The Gajraj decision had a significant impact in the Allahabad High Court and essentially changed land acquisition litigation there. It was the biggest decision, and over 1000 cases were decided in that batch of petitions. As a standing counsel, the benefit you get is the variety of cases you handle, and you must manage and address everything yourself. As my senior always told me, if you work hard and focus on your table, you will succeed in every matter. I took this advice to heart and kept it simple. I always advise my juniors and colleagues that when you start something new in your career or practice, you should start from scratch.
Starting from scratch means buying a bare act, reading it, and understanding the content. From the bare act, you will get at least a basic idea of what you are working with. The next step is understanding the client’s case, followed by thorough research. I followed the same approach without any shortcuts to navigating complex issues—there’s no magic rule, just basics and whatever has been taught to you before. Additionally, I’ve worked on significant cases, including land acquisition cases and election petitions, representing top politicians in the state.
One case that stands out for me involved caste certificates being issued from outside the state to employees of NOIDA who had been working for 10, 15, or even 20 years. With changes in the corporation’s hierarchy, these certificates were questioned, and it was decided that these certificates, issued against the Supreme Court’s full bench decision (in the caste census case), would not be valid. NOIDA decided to terminate the services of 10 to 20 employees based on this issue. This matter went before a single judge at Allahabad High Court, with Honorable Mr. Justice AP Shahi presiding.
When I first appeared before the court, I believed the case was straightforward due to the Supreme Court’s ruling, but the Hon’ble judge was very cautious. He noted how harsh it seemed to question the caste certificates of employees who had worked for 15 years. I explained that it was an issue of legality, and the actions taken were correct. However, the court asked me to assist in finding a fair solution. After researching, I found that there was only one judgment related to the issue, given by the Goa bench of the Bombay High Court. The court ultimately used this judgment to rule against NOIDA, saying the caste certificate issue didn’t apply here, as the employees had valid connections to Uttar Pradesh.
Although I lost the case, the judgment had a significant impact on my career. The court appreciated my fairness, human approach, and my role as an officer of the court. The judgment, which was 14 to 16 pages long, devoted 8 to 9 pages to my arguments, which was a great acknowledgment. Even though I didn’t win, I believe I worked harder than anyone else, and I felt I had supported the cause of justice. As a lawyer, representing a respondent doesn’t always mean you should aim to dismiss the petition; instead, you should focus on achieving justice in whatever form it comes.
Another significant case I worked on involved an election petition. It was my first time being involved in such a matter, and it was an eye-opener about how civil trials and election petitions function. Unlike writ petitions, election petitions require careful consideration of the client’s version, defense, evidence, and procedural details. This case helped me understand the intricacies of civil law and the trial process, especially how evidence is presented and applied. This experience was incredibly important for my career.
Moreover, land acquisition cases have been a major part of my practice, especially due to my work with corporations. I became quite proficient in land acquisition law, especially with the advent of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. I was one of the first lawyers to argue the applicability of section 24(2) of the 2013 Act, which had been widely debated. My argument was that the use of “and” or “or” in this context should be understood properly. This argument was later accepted by the Supreme Court of India in the Indore Development Authority’s case. I consider this one of my key contributions to land acquisition law.
In summary, I’ve had extensive experience with land acquisition cases, election petitions, and several other types of civil matters, each leaving a significant impact on my career. And as I always tell my juniors, if you want to become an expert, start with the basics and work your way up from the bare act.
Does this sense of social responsibility extend to your pro bono work? You also serve as a counsel for the High Court Legal Services Authority. How important do you think legal aid is in ensuring justice is accessible, particularly for those who can’t afford legal representation? In today’s world, balancing such a demanding legal practice with pro bono work must be challenging. How do you manage both?
The idea of pro bono work has always stayed with me, and I consider it something of an inheritance. My father also practiced pro bono work, and it was something we always did as part of our routine. If someone couldn’t afford our fees, we would still offer help without charge. I became associated with the High Court Legal Services Authority because a close friend of mine recommended it. He pointed out that while the District Legal Services Authority often doesn’t attract top-tier lawyers, the High Court and Supreme Court Legal Services Authorities have much better opportunities for those willing to help.
I’ve always believed that if you’re already doing a lot of pro bono work, there’s no need for anything extra. You’re already in your chamber daily, going to court, doing your job — it’s all part of your practice. Pro bono work provides internal satisfaction, knowing you’re contributing to society.
Additionally, I noticed that the panels of lawyers in pro bono cases often didn’t include top lawyers with good practices, so I thought I should break that barrier and get involved. I wanted others to see that a well-established lawyer could also participate and provide quality assistance. I’m glad that I took this step, as the High Court Legal Services Authority gives me a lot of cases — including jail appeals, writ petitions, and others — where my involvement is needed. When you do this work, it always feels good, and for me, if you’re a lawyer earning well, a portion of your practice should be dedicated to pro bono work.
You don’t necessarily need to be part of the High Court or Supreme Court Legal Services Authority to do pro bono work; any legal services panel or even independent work can be done on your own. I’ve always done this. If someone approaches me and tells me they can’t afford my fee, I’m happy to offer free assistance. It doesn’t matter to me because, as my father always used to say, “You’re not taking anything from them. You’re doing your work, and if you help others, perhaps God will remember you and bring more clients your way.”
This is something that happened to me once. A client I helped for free, who couldn’t pay my fees, later sent me ten cases with significant fee margins. You never know who you might help, and sometimes it comes back to you in ways you wouldn’t expect. Helping others in pro bono work doesn’t need special arrangements or recognition — it’s not something you need to broadcast. It’s a personal commitment, something you do for the right reasons, and it should be kept to yourself. That’s how I’ve always approached it.
You’ve also built a dedicated team of associates. What do you look for when selecting these associates, and how do you ensure that the culture of your firm remains intact while nurturing young legal professionals?
Personally, I believe that everything I’ve received from my senior, I should pass on to the younger generation. That’s one of my core beliefs. I interact with them and maintain a friendly relationship, but I also follow certain principles in my chamber. One such principle is that I don’t save their phone numbers unless they truly earn it. I tell every junior that you need to do so much that I should feel compelled to call you, to search for your number and reach out to you. This approach works well with the young lawyers who join my chamber. They all want to be on their senior’s “fast dial” list.
I also look for young lawyers who have the right passion and drive. I don’t ask about their law degrees or grades in exams. That’s not what matters to me. I conduct a simple interview, and if I sense genuine passion for the profession, they are with me. If you’re not pursuing the profession with the passion it requires, then you’re not with me. I’m a tough taskmaster, and I do scold my juniors when needed. They’re sometimes afraid of me because they know if they make a mistake, I will be very strict with them. But despite this, I remain friendly and approachable.
When I sit with my juniors, I do so with the clear intent of sharing everything I’ve learned, everything I’ve earned from my seniors. One thing I always try to instill in them is the importance of understanding concepts. I discourage rattofying. Even when reading books, statutes, or judgments, especially the CPC or the CRPC, I stress understanding the concepts behind them. I use the example of the CPC to explain that it’s organized in a particular manner, and you need to understand that structure. For instance, if someone were to ask where the written statement comes in the order of the CPC, and they said it was order one, I would expect them to immediately correct it, as it doesn’t belong there.
I encourage them to think conceptually, as I believe that if your concepts are clear, you will be able to understand everything. There’s no need to memorize everything in detail, especially since the bar exam is now an open-book exam, which is the right approach. You should know where to find the information, and that comes from having clear concepts.
I believe I have a great team of about 10 associates, five of whom are highly effective and work closely with me. I provide them with a lot of work and insights into how things should be done, and I think they’re doing well. I’m always available for my juniors, even if they’re not in my chamber. If you come across me and have a question or need help, I’m always ready to offer suggestions and any assistance they need.
The way you approach the mentoring process, it’s clear that your juniors not only learn from you professionally, but also grow personally. Speaking of personal growth, I’d like to touch on something increasingly important — mental health. Given the immense pressures of the legal profession, how do you maintain your mental well-being, and how do you ensure that your team is also taking care of their mental health?
As I mentioned earlier, I always try to maintain a friendly relationship with my team. I approach them like an elder brother and strive to remain insightful and supportive. While professional matters are important, I also believe in fostering personal connections whenever possible. When there’s time or space, I enjoy taking them out to restaurants or other places to help them relax and bond in a more friendly, informal setting. It’s important for them to feel good and maintain a positive state of mind.
Additionally, there’s a principle that my senior taught me, and I’ve followed it throughout my career. My senior never worked on Fridays, and I’ve adopted the same tradition. For the past 16 years, I haven’t worked on Fridays, with only a few exceptions, which I try to avoid. I prefer to handle most of my work on Saturdays, from morning to evening, so that my evenings are free to spend quality time with my family—my kids and my wife. This practice also helps clear my mind because, without time for yourself, constant work can negatively affect your mental well-being.
As you rightly pointed out, the post-COVID era has introduced many new challenges, and it’s crucial to prioritize your health. For any junior, if you’re not feeling well—whether physically or mentally—it’s important to speak up. In our profession, especially as a lawyer, you must be vocal. If you’re not able to speak up for yourself, how can you speak for your clients? If your senior isn’t interacting with you or isn’t providing the support you need, don’t hesitate to formally express it. It’s important to be open about your concerns.
Similarly, if your senior is friendly and approachable, always make sure to communicate your feelings. For your own mental health, whenever you’re finishing up for the day and leaving your chamber, avoid talking about work or courtroom gossip. Instead, focus on conversations that bring you joy and positivity—anything that lifts your spirits. This helps maintain a healthy balance.
It’s a difficult profession, and without proper mental health care, it becomes even harder to thrive.
Thank you, sir, for sharing these insights so openly. It’s not easy to talk about mental health, as many often dismiss it. But you’ve been very transparent about it.
Yes, it’s crucial. I personally believe that 80 percent of lawyers in this country are under immense pressure. The workload can be overwhelming and mentally taxing, more so than other professions. It creates a lot of stress and trauma, and it’s not easy to handle. You need to be quick, clear, agile, and constantly prepared. This profession demands a lot from you.
If your mental health is compromised, it becomes very difficult to survive. Mental health encompasses physical health, emotional well-being, and happiness. If you’re thriving but are constantly unhappy, there’s no point in simply doing well if you’re not at peace. Even seniors should emphasize the importance of mental health. I always encourage my juniors to share any issues they may be facing. I ask them, “What’s going on? Why don’t you seem okay today?” It’s important to check in with each other.
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