Interview: Adv. Saharsh Saxena on Civil Litigation in India

Saharsh is a counsel practising at the Supreme Court of India and the High Court of Delhi, with experience in various Tribunals and District Courts in the Delhi NCR region. A graduate of the Faculty of Law, University of Delhi, he also holds a first division in Statistics (Hons). He is adept at drafting pleadings for both trial and appellate proceedings and has dealt with cases involving crucial questions of law.

Saharsh also has a rich academic background and has been invited to judge Moot Courts even when he was still a student in the Faculty of Law. His academic work on Privacy Law has also been included in the readings of a Master’s Degree.

We managed to ask him the following questions:

Can you briefly share your journey and experience as an Advocate?

People come to our office with the hope that we would be able to help them out with their problems but as advocates, we often have to bring the harsh realities before them in the most appropriate way.

My experience has been no different – people with recovery cases hit by limitations years ago, couples who want to save their marriage for the sake of their child, the father whose property is forcibly occupied by their son, government servants whose pension is wrongly fixed or recovery is ordered, and many such others have sought my counsel. I have always remained honest with them about the merit of their case and how, in my opinion, it is likely to pan out in the backdrop of the prevailing law.

I have never misguided my clients or sugar-coated the hard facts as I believe they must be well-informed before deciding whether to litigate or not. This has made my experience as an Advocate quite satisfactory.

Looking back at your time in law school, what key skills and experiences do you believe laid a strong foundation for your successful legal career?

It is important for a student of law to study the foundational laws – IPC, CrPC, CPC, Contract Act, and Family Law thoroughly irrespective of the field he may have chosen to pursue. The first year of the LL.B should be devoted towards understanding the basic concepts of laws. Internships should be started from the second year onwards – devote your holidays to it or manage it along with law school.

I believe both the internships and law school are necessary for an advocate’s professional growth, none can be supplanted by the other. If you get an opportunity, do participate in debates and Moot Courts, both would help you develop your research and oratory skills.

Could you explain the significance of practising Civil Law at Delhi High Court?

Constitutional Courts generally do not have the ordinary original civil jurisdiction; however, the Letter Patent/Act for some High Courts bestow upon them this jurisdiction subject to the suit value falling within the pecuniary jurisdiction of that High Court. The High Court of Delhi, being one of the few High Courts in India that have the ordinary original civil jurisdiction, offers a unique opportunity to practice Civil Law on the original side along with Constitutional Law.

In my practice at the Delhi High Court, I have been exposed to the intricacies of civil procedure whilst also being able to work on Constitutional and Administrative Law. It is advised that the young lawyers should spend a few years doing the trial before moving to the Appellate Courts. Delhi High Court will offer you an opportunity to work on matters at both original and appellate levels.

For young law students seeking specialization, what advice would you give in choosing between Civil Law and Criminal Law, or even within their various sub-fields?

Though you can switch the area of practice even after a few years in the bar, the best way to explore is through internships while you are in law school. I did both civil and criminal sides during my internships, which has helped me understand the unique opportunities both sides offer.

Though my internships were skewed towards the criminal side, I decided to start practice from the civil side with occasional criminal matters. My advice to law students would be to experience both sides while in law school before choosing one to start your career with.

In your opinion, what are the essential qualities or attributes that young law students should cultivate to thrive in the competitive legal profession?

Reading and writing are the two most important skills one needs to start working on as soon as he decides to enter law school. The rest of the skills can be learnt with time and senior’s guidance. The court craft and art of advocacy will take years to develop, but eagerness to learn must be present from day one.

Have you dealt with any matter in education or service law? If yes, how to deal with such matters?

I have dealt with multiple matters in Education and Service Law. Since the establishment of CAT, most of the service law matters go there; the High Court only deals with the service matters of some autonomous institutions that have not been included in CAT’s jurisdiction.

The Service Law includes matters related to appointment, dismissal, pension, refixation of pay, recovery of excess pay, promotion, transfer, disciplinary proceedings and enquiry, etc. As you would be well aware unlike most laws, Service Law does not have a single statute to rely on.

There are multiple office memorandums, government circulars, office orders, schemes, rules, regulations, bylaws, and Acts through which an Advocate has to navigate to prepare a challenge to the decision of the Administration. The principles of Administrative Law are also crucial to be kept in mind while preparing Service matters.

The Education Law is comparatively less complicated but equally lengthy. It is spread across Acts, Rules, Regulations, UGC orders, DoE orders, etc. It also deals with the Admission, Suspension and Expulsion matters of students in the Universities, Colleges and Schools.

Here also, there is no one statute you can rely on. In these matters, time is of the essence as the academic activities are going on in full swing while the aggrieved student is not being allowed to partake in it. So, it is crucial that we approach and convince the High Court at the earliest to issue an appropriate order so that the petition may not turn infructuous.

How can the law be an instrument to maintain and secure justice for women’s and children’s rights?

The law provides many remedies for wrongs that are committed against women and children, however not all people are aware of them especially those who come from underprivileged backgrounds. It is on Advocates to honestly inform them of their rights and remedies whenever they seek our counsel.

I also believe that genuine matters where the clients are unable to afford fees should be taken up on a pro-bono basis; you may ask them to bear expenses while waiving off your entire fees. I have taken up matters where the in-laws mistreated the wife and children on a pro-bono basis; these matters offer the real sense of satisfaction of bringing justice to all.

What advice would you give to young law students regarding maintaining professionalism, integrity, and client confidentiality throughout their careers?

An Advocate must conduct himself with the highest integrity throughout his life. The immoral actions like intentionally delaying the case, siphoning the client’s money, fabricating evidence, and acting in collusion with the other party may entice you with short-term commercial gains but will go on to destroy your reputation and dignity as an Advocate.

Considering the evolving legal landscape, what potential opportunities or challenges do you foresee for law graduates in the coming years?

The scope in commercial litigation and arbitration has increased manifold in the past years – many young advocates are actively choosing arbitration offices over hardcore litigation offices. The arbitration offices are lucrative in many senses – high remuneration, better work-life balance, less running from pillar to post, etc. I see more potential in this sector as the government support for start-up initiatives is increasing and the legal regime is becoming more compatible with arbitration.

The biggest challenge today for law graduates is work-life balance. Earlier, there used to be no smartphones, fast internet or advanced laptops and the work ended when you left the chamber/office. The work-life balance then, as I have heard from the seniors, was much better.

On the contrary, today excellent people are leaving the profession due to burnout and poor work-life balance apart from the less remuneration. The Bar needs to take active steps to bring necessary changes in the system so that young talented people are not forced to leave the profession.

What final words of encouragement and guidance do you have for young law students embarking on their legal journey?

I wish all young law students the best in their journey and hope well for their careers.

My last piece of advice – Enjoy law school, while you still can!