Home
About
Jobs
Events
Courses
Exams
Blog
Recruiter
Pricing

Sign In

Applicant Recruiter/Advertiser

Categories

Legal Blog

Publish with us

Filter Clear

May 21, 2021

Practice in Electricity Laws - An interview with Mukund P Unny

The Electricity Act, 2003 was brought in place to consolidate laws relating to the generation, transmission, distribution, electricity supply, trading and use of power and electricity and take measures for the development of the electricity industry. One may think about what lawyers do when they practice in electricity laws and what work goes in there. To answer a few basic questions, we have Mukund P Unny, an advocate practising electricity laws in the Supreme Court, Delhi High Court, Appellate Tribunal for Electricity. 1. Can you please introduce yourself to our readers? I am a practitioner of law based in Delhi. I work largely in the areas surrounding civil and commercial laws. A substantial part of my work is revolved around the Supreme Court, the High Court of Delhi and other Tribunals and Commissions. As a law student, I am interested in academic areas like comparative constitutional law, electricity law and insolvency law. I am also a regular columnist for various publications, and my work has been covered in Indian Express, Livelaw etc. 2. Was pursuing law a conscious decision after school? How would you describe your law school experience? I say that I am an accidental lawyer. As a school student, I was interested in journalism and economics. I wanted to do economics and then take up journalism to be a financial journalist. After my XII exams, I was primarily thinking of joining IIT Madras for their humanities course. IIT Madras had a tough entrance exam called Humanities and Social Sciences Entrance Examination (HSEE). Unfortunately, or fortunately, I missed the date to apply for this exam. As luck would have it, I happened to clear the CLAT and could join the National University of Advanced Legal Studies, Kochi (“NUALS”). Over a period of time, I started liking law as a subject and did not think twice about jumping into the profession after graduation. College life was exciting since many opportunities were thrown at us, academically and otherwise. I was able to be part of various seminars and moot court competitions. In NUALS, we benefited from having a mix of experienced law teachers and practising professionals as faculty members. I believe, therefore, that the students were exposed to the practical side of the law in the college itself. My university also encouraged internships. As a matter of fact, I was able to do 9 internships at various places, including corporate firms like Khaitan & Co., J Sagar Associates etc. 3. Did you start your practice immediately after graduating from law school? Why did you choose to practice? What is your area of specialisation? Yes, I started my practice a few days after my enrolment as a lawyer. I had known towards the end of my college life that litigation is going to be my career. In fact, internships helped me arrive at that decision. I had done almost 5 different internships in corporate law firms. But it was this one litigation internship towards the fag end of my education convinced me to take the robes and litigate. My areas of specialisation are electricity laws and insolvency laws. 4. What is electricity law? How did you venture into this area of law? India’s power sector has a valuation that runs into billions of dollars. Certain distinct laws govern the power sector. The important statute that regulates the power sector is the Electricity Act, 2003. However, various rules and regulations are formed by quasi-judicial bodies working under the Electricity Act, 2003. This set of laws regulate the electricity sector- right from the prescription of tariff to multi-crore power purchase agreements. I started my practice in a chamber that had substantial practice in electricity law. Being a technical subject, I had great difficulty in navigating through the subject. However, over a period of time, I got a grasp and developed an interest in this area. I have been able to appear and argue electricity matters before the Supreme Court, the Appellate Tribunal for Electricity, various State Commissions and the Central Electricity Regulatory Commission. 5. What kind of cases can one expect in electricity laws? Cases can be aplenty in electricity practice. For example, there can be disputes between the consumer of electricity and the electricity distribution company on the enforcement of a contract; there can be disputes between the producer of electricity and its distributor regarding the enforcement of the power purchase agreement. The disputes also vary from the fixation of tariff to various intricate technical issues regarding compliance with the electricity distribution companies and generating companies. It is important to note that the fixation of tariff itself is a big area. The electricity price is not the same for all the consumers. The price you and I pay for the electricity usage in our house is different from the price a large industry pays. Various modalities go into the fixation of tariff, and the electricity company does not do the same. Only a State Commission can fix the electricity tariff. After looking into various aspects, the electricity company will have to submit a tariff petition to the State Commission and the Commission; after looking into various aspects, fixes tariff for various types of consumers. The practise area is vast and offers a lot of opportunities for young lawyers. 6. Which has been the most challenging case you’ve worked on so far? Could you shed some light on it? The most challenging case regarding the electricity law has been one arising over a tariff dispute between the Andaman and Nicobar Administration and a diesel plant operating in Port Blair. This was my first electricity law brief, and I say this was the most challenging because I was new to the subject. The claim of our client viz. the diesel plant operator ran into around Rs 200 crores, and the documents ran into thousands of pages since there were 2 rounds of litigations that went up to the Supreme Court. This stream of law is a lot about computation, but figures did not appeal to me much. The challenge of understanding the nuances of the law and accountancy took the larger part of my time. The case was before a bench presided over by Justice Rohinton Nariman. We got a favourable verdict from the Supreme Court. I believe that I was able to assist my senior to the best of my ability. 7. How can fresher graduates venture out to practising electricity laws? What avenues are open to them? There are many premier law firms where the energy sector is at the core of their practice. Many smaller firms are also emerging since the sector is expanding in India. I can say with conviction that this sector is booming considering the vast investments made by the Governments and companies in the renewable energy sector. Fresh graduates are placed better to get opportunities to join law firms in the years to come. It is generally seen those power companies do not directly hire from campuses since they are not exposed to such a niche law in college. But many of my friends from the bar have chosen to take up in-house assignments after joining the profession. Therefore, if the fresh graduates wish to take up in-house jobs, they are better positioned to navigate after putting in some years in practice.

Bhavya Bhatt

May 06, 2021

Vaccine Patenting and the COVID 19 Pandemic

In an interview with the British broadcaster Sky News on 25 April 2021, One of the richest people in the world, Bill Gates was asked whether it is better to share the intellectual property rights of the Covid-19 vaccine with developing countries. To this, he replied, ‘NO!’ “There’s only so many vaccine factories in the world, and people are very serious about the safety of vaccines,” he added. “Moving a vaccine, say, from a World’s highest-ranked healthcare company, Johnson & Johnson factory into a factory in India, it’s novel; it’s only because of our grants and expertise that can happen at all.” “The thing that’s holding things back, in this case, is not intellectual property; it’s not like there’s some idle vaccine factory, with regulatory approval, that makes magically safe vaccines. You’ve got to do the trial on these things. And every manufacturing process needs to be looked at in a very careful way,” he added. His statement comes at a time when this virus is responsible for more than 3.19 million deaths worldwide (as of 02 May 2021), and the nations are looking to vaccinate the majority of their citizens as soon as possible. It is believed that the lifting of the patents could have vastly increased India’s vaccine production capacity. Let’s analyse whether it’s time to consider a patent reprieve for COVID vaccines. What are Patent Rights, and why are they important? Patent right is a form of intellectual property right. It provides creators of new inventions (such as new vaccines and drugs) with a limited-period monopoly on those inventions on the market to help recover Research & Development costs. In other words, patents are the driving force of invention or innovation. Patents are granted by various country/regions (individually) but do not apply across borders. In order to obtain global protection, inventors need to apply for patents in each country-which may be crucial in the case of vaccines. The Patent Cooperation Treaty helps simplify the process, but it is still expensive and time-consuming. In order to balance the limited monopoly in the market, the patent holders are required to share information about their inventions in the register so that they can be used by anyone after the expiration of the patent protection, which is usually 20 years. Once the product is patented, the patent holder has the exclusive right to manufacture and sell his invention. They can also choose to license the technology to others in order to manufacture and sell it to the public. This type of license includes a specified period and the geographic area in which the patent is used. In return, the patent holder receives royalties or licensing fees, or both. Therefore, the race to develop a vaccine for COVID-19 is not only about saving lives during the pandemic but also about having patent rights. This allows the owner to control the production and distribution of vaccines in countries where patents have been granted. So far, no COVID-19 vaccine has been patented, but this process is definitely ongoing. A look at the Patent Process Drug companies tend to invest a lot of money in the research and development of drugs and vaccines. These drugs and vaccines will then undergo clinical trials. After conducting a clinical trial, the results must be submitted to various jurisdictions for approval by each jurisdiction where manufacturers wish to sell their medicines and vaccines before public use. At the same time, once the formula and production method are determined, the world’s biggest pharmaceutical companies will submit a patent application to each intellectual property office to ensure that any third party cannot use its formula and production method without its authorisation. Usually, companies file patent applications in many jurisdictions to ensure the broadest possible protection. When a pharmaceutical company submits a patent, in addition to the cost of research and development, it also pays legal fees and government fees. These costs may add up. Once a patent is registered, only the registered owner of the patent can use the patent. What about the rights of nations? Even if patent ownership belongs to private companies, the state still has the right to use them for its own purposes or in emergency situations. Many top companies in the world have special laws to facilitate these arrangements. “Compulsory License” refers to the use of a patent without the authorisation of the patent holder. In India, Section 92 of the Indian Patent Act of 1970 discusses compulsory licenses. If there is a “national emergency” or “extreme urgency” or in cases of “public non-commercial use”, the central government can issue mandatory licenses manually by the Controller of Patents according to the notice of the central government. In addition, the TRIPS Agreement gives the government some flexibility in the administration of patents for public goods, including pharmaceuticals. The Doha Declaration on the TRIPS Agreement and Public Health issued in November 2001 clarified the paramount flexibility granted to countries under Article 31 of the TRIPS Agreement-the right to grant compulsory licenses. Clause 5(c) states: “public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics”, can constitute “a national emergency or other circumstances of extreme urgency.” There can be no bigger crisis than the current Covid second wave sweeping India, which qualifies as a “national emergency”. The Controller of Patents would be morally and legally justified to suo motu grant the compulsory license of vaccines to the competent public and private sector companies in order to boost up the production manifold. Current Pandemic Situation Assuming two doses per person, the world needs about 11 billion doses of coronavirus vaccine to immunise 70% of the world’s population. As of last month, 8.6 billion doses have been confirmed, which is a remarkable achievement. But about 6 billion of this will go to middle- and high-income countries. So far, poor countries (80% of the world’s population) have only had access to less than one-third of the available vaccines. The leading cause of this imbalance is that wealthier countries have been able to place a large number of advance orders with relatively small groups of vaccine-producing companies, most of which are located in wealthier countries. Unless manufacturing and supply can be more evenly distributed, researchers predict that it will take at least two years for a large percentage of people in the lowest-income countries to be vaccinated. This is why about 100 countries, led by India and South Africa, require other member states of the World Trade Organization to agree to upgrade intellectual property (IP) related to COVID-19 within a limited time. They believe that major vaccine suppliers should share their knowledge so that more countries (the lowest-income countries) can start producing vaccines for their own countries and populations. This idea needs to be seriously considered because temporarily relinquishing IPR could accelerate the end of the pandemic. It will also send a strong message from rich countries and pharmaceutical companies that they are willing to forgo some profits for the common good. The campaign to temporarily relinquish IPR is called the “People’s Vaccine” and has the support of NGOs and UNAIDS, the UN HIV/AIDS agency. Its supporters point out that many companies have benefited from billions of dollars in public funds through research and development and pre-purchase agreements. Once the pandemic is over, IP protection will resume. Conclusion The timeline for patent applications is very different from the timeline for the pandemic. Obtaining a patent usually takes several years (especially on an international scale), and the duration of a pandemic is usually (comparatively) short. By the time the patent is issued (4-6 years), the crisis will likely be averted in some way or the other. Moreover, if the crisis continues, the government will simply bend/destroy the patent if the owner refuses to comply. This is obviously more aggressive than refusing to enforce patent rights and may shift the balance of power out of the hands of innovative companies. The strongest argument for temporary abandonment is that the patent was never designed for use in global emergencies such as wars or pandemics. Patents reward inventors by protecting their inventions from unfair competition within a limited time. The keyword here is ‘competition’. The pandemic is not a competition between companies but a competition between humans and viruses. Rich countries in the world and companies must make every effort to stop this pandemic rather than competing. It is crucial that the current governments of various countries consider giving up the benefits of intellectual property rights. While competition and profit incentive help research and innovation, in certain scenarios, it needs to be set aside for the greater good.

Shifa Qureshi

May 05, 2021

Domestic Scholarships (India) for LL.M within India and outside India

Pursuing a Masters Degree after Bachelor’s can be quite heavy on the pockets. However, the financial aspect can be taken care of, by Scholarships. There are many scholarships available in India for lawyers who want to pursue their LL.M from India or abroad. We have curated a list of scholarships along with their eligibility, that can help one pursue higher studies without being bogged down by the financial aspect of education. SCHOLARSHIP FOR MASTERS WITHIN INDIA Each college has its eligibility criteria for the selection of candidates. For instance, Lovely Professional University Phagwara, one of the top private universities in India grants scholarships for LL.M based on their marks obtained in Qualifying Exam, Scholarship Based on LPUNEST, Scholarship Based on LSAT India, Scholarship Based on Performance in Sports, Special Scholarships and Fee Concessions. There are research grant scholarships in one of the top universities in Gurgaon, Ansal University for LL.M candidates up to 30,000 INR for one research publication. Major Scholarships 1. Aditya Birla Group Scholarship Eligibility Students pursuing Engineering, Management and Law courses from any of the following institutions can apply for the scholarship – IIMs in Bangalore, Ahmedabad, Lucknow, Indore, Kolkata, Shillong, Kozhikode and Indore XLRI in Jamshedpur IITs in Delhi, Mumbai, Chennai, Kharagpur, Kanpur, Guwahati and Roorkee BITS Pilani campuses NALSAR University of Law in Hyderabad National Law School of India University in Bangalore National Law University The WB National University of Juridical Sciences Gujarat National Law University Note: The applications are invited only from the top 20 students as per their ranking in the Indian entrance examination. Application Process Obtain the scholarship application form from the official website of Aditya Birla Group, one of the world's most admired companies and submit the completed application form to the Dean of your respective college/institutions. Rewards/ Expenses Covered For students studying at IIMs/XLRI – INR 1,75,000 per annum For students studying at IIT/BITS (Pilani) – INR 1,00,000 per annum For students studying at top Law schools – INR 1,80,000 per annum or actual fees (whichever is lower) 2. GEV Memorial Merit Scholarship for Law Students Eligibility Applicants must be be an Indian citizen be already enrolled in any year of an LLB/LLM degree course at a recognized law institute in India, or have applied for CLAT, LSAT-India, AILET, or any other top law entrance exams in 2021 have scored a minimum of 60% in Class X and XII board exams have an annual family income not more than INR 10,00,000 (10 lakh) from all sources be willing to sign-up for the scholarship fund’s annual mentorship programs to assist and nurture the next batches of GEV Merit Scholars. Application Process The application for the scholarship has to be made online. Through this portal: https://www.buddy4study.com/page/gev-memorial-merit-scholarship-for-law-students Rewards Financial assistance worth INR 50000 to INR 200000 per scholar per year towards payment of tuition fees and other academic expenses. SCHOLARSHIPS FOR MASTERS OUTSIDE INDIA 3. Inlaks Shivdasani Foundation Scholarship Available for the highest-ranking universities in America, Europe and UK, the Inlaks scholarship is provided to students with exceptional talents to improve upon their skills so they can be future vehicles of change. Subject: Archeology, Architecture, Business administration, Dance, Environmental science, Film direction, Humanities, Journalism, Law, Medicine, Music, Technology. Theatre and Visual arts. Eligibility The applicant must be a citizen of India and must hold a first-class undergraduate degree. Candidates less than 30 years of age who have secured admission to a top-ranking University are eligible to apply. Application Process The application for the scholarship has to be made online. Two reference letters are mandatory, out of which, one must be an academic reference. The shortlisted candidates are invited for a preliminary interview, followed by a final interview. Expenses Covered The scholarship covers full tuition fees, living allowance, one-way travel allowance and a health allowance. The maximum funding given to each candidate is USD 100,000. 4. Fulbright-Nehru Master’s Fellowship This scholarship is awarded to motivated Indian students who demonstrate leadership skills to study in US colleges. Eligibility To be eligible for the Fulbright scholarship, the applicant must have an equivalent US’ bachelor’s degree with at least 55% marks, three years of work experience and must have experience in leadership and community service. Application Process Applicants are required to submit transcripts, English language test scores, three-letter of recommendations, personal statement, study objectives, and a writing sample. Expenses Covered Funding for tuition, living allowance, J-1 visa support, and accident and sickness coverage is provided for by this scholarship. 5. J.N. Tata Endowment Open to all disciplines, this is a one-time loan scholarship to Indian students so that they can pursue postgraduate studies at reputed universities abroad. Eligibility Candidates who are citizens of India and have secured a minimum of 60% from top recognized universities are eligible to apply. Application Process Besides academic records, this scholarship gives emphasis to the applicant’s statement of purpose, extra-curricular activities, and English test scores. The initial screening process of applications is followed by a Thinking Skills Assessment and a personal interview. Expenses Covered The amount of loan scholarship ranges between INR 1,00,000 to INR 10,00,000. A gift scholarship to students with excellent academic performance abroad may also be awarded INR 7,50,000. 6. K. C. Mahindra Education Trust Scholarship Also popular amongst Indian law students is the interest-free loan scholarship provided by K.C. Mahindra Education Trust to pursue post-graduate studies abroad. Eligibility Applicant must be a citizen of India and should have attained a first-class degree from a recognized University. Application Process Candidates are required to submit an admission letter from the University, a Letter of Recommendation, a personal statement, transcripts, and a CV. Expenses Covered The Scholarship selects a pool of the 50 most deserving students. Out of these, the top 3 are awarded a grant of INR 8,00,000 and the remaining candidates are awarded INR 4,00,000 7. Aga Khan Foundation Scholarship Aga Khan Foundation Scholarships are awarded on a 50% grant and 50% loan. Students can opt to pursue any PG level program in Canada, the US, and other eligible countries. Eligibility The Aga Khan Foundation Scholarships are open for the students who are residents of the country where the AK Foundation, AK Education Service, AK Education Board has their local office. Citizenship: India, Pakistan, Kenya, Syria, Afghanistan, Egypt, Tajikistan, Kyrgyzstan, Mozambique, Uganda, and Madagascar. Students of these nations are only eligible to apply. Age Limit: Under 30 years of age (preferred) Students who originally come from one of the formerly mentioned developing countries and are involved in development-related studies and have no other means to fund their education can send an application for a scholarship to study in the UK, France, Portugal, USA, and Canada. Application Process The application process for Aga Khan Foundation’s International Scholarship Program is decentralized. Applications forms must be obtained from the AKF office/ Aga Khan Education Services/Boards, January 1 onwards. Completed AKF’s International Scholarship Program application should be returned to the agency. Reward/Expenses Covered The Foundation provides tuition fees and living expenses to the recipients of the Aga Khan Foundation Scholarships. The foundation may give preference to those candidates who have already acquired some part of financial assistance from other sources and the minimum amount of help is requested. Half the borrowing has deemed a loan to be reimbursed with a 5% annual service charge. The loan agreement has to be co-signed by a guarantor. The payback period is five years, beginning six months after the period of study. 8. Narotam Sekhsaria Scholarship The Narotam Sekhsaria Foundation under its Scholarship Programme awards interest-free loan scholarships to Indian students with a consistently good academic record. The scholarships are awarded to students who wish to pursue their postgraduate studies in the fields of Pure Sciences, Applied Sciences, Social Sciences and Humanities, Law, Architecture and Management at prestigious Indian and international universities. Eligibility Citizenship: Indian citizens who are residing in India at the time of applying are eligible for this scholarship. Age: Needs to be below 30 years on January 31 of the year of applying. Educational Qualifications: Graduates and final-year students of any authorized Indian university. Admission Details: The scholarship’s objective is to provide funds to the students aiming to pursue postgraduate studies at top universities of the UK, Australia, USA and other countries along with India from the season of the same year. Application Process The application for the scholarship has to be made online. The applicant needs to pay the application fee of INR 500. The payment modes available are Net Banking and Demand Draft addressing the Narotam Sekhsaria Scholarship Foundation. Reward/ Expenses Covered The scholarship amount (up to a maximum of Rs. 20 lakhs) is decided as per the assessment of the Foundation. 9. SILF- MILAT Best Law Students Award One of the top emerging law schools in India, Lloyd Law College technically supports the selection process of SILF-MILAT Best Law Student Awards (Male & Female). Eligibility The competition is open to all registered final year law students of the country. Rewards Full scholarship for the Awardees to pursue their masters from Penn State Law. 10. Debesh-Kamal Scholarship Eligibility To be eligible for this scholarship, an applicant must: Be an Indian national Have a uniformly good academic record with first class marks at the Honours or postgraduate level Not be more than 30 years of age Note: Exceptions in terms of age may be made for short-term postgraduate or post-doctoral researchers. Other conditions The candidates will have to submit evidence of their having been admitted to a course of study/research at a major university or comparable academic institution abroad. Research students/scholars will have to submit along with their applications an outline of their research project as may have been approved by the university/institution concerned. Application Process All candidates must submit (through post) application in the prescribed form, with a passport size photograph, along with relevant papers as well as attested photocopies of certificates, mark sheets, etc. Candidates short-listed from an evaluation of their applications will have to appear before a Selection Committee at the Ramakrishna Mission Institute of Culture Kolkata, one of the top colleges in West Bengal. They will have to bear their own travelling expenses. But the candidates who will appear for the interview from distance beyond 100 km may be paid II class Rly. fare. The decision of the Selection Committee about the eligibility of a candidate and his/ her selection shall be final. Reward/ Expenses Covered The selected candidates will receive a scholarship of INR 1 lakh for one year. [The scholarship will be tenable for one year only and it won't be adequate for studies abroad. Thus, the candidates will have to produce acceptable evidence of other resources or committed financial support.] 11. RD Sethna Scholarship Eligibility To be eligible, an applicant must: Have cleared Secondary School Certificate examination or any equivalent examination Have scored at least 50% marks in the last examination Be a citizen of India Application Process Online Application is available on https://rdsethnascholarships.org Printed Application Forms can also be obtained from the Trust office at Esplanade House, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001. Tel: 22077044 on payment of Rs.50/- either in cash or by Postal Order. Candidates requesting Forms by post must send a self-addressed Rs.10/- stamped envelope of size: 23 cm x 10 cm. Reward/ Expenses Covered A loan scholarship of INR 10,000 or more will be granted to the recipients to complete their studies in India or overseas. 12. Vishwa Konkani Scholarship Programme Eligibility A student should be Konkani and use Konkani as their mother tongue. Students who are seeking admission to the first year of the selected programme and its respective course are eligible to apply. Minimum 70% aggregate required for both the programmes. The family income of the student should not exceed Rs. 4.5 lakh per year. The Study Abroad Scholarship Programme does not have any specific requirements for a student to be eligible for the same. Application Process Online Application is available on https://konkanischolarship.com/login.php There are three steps involved in the application procedure: A Scholarship Common Application Platform (SCAP) profile needs to be created. After signing up to SCAP, 8 sections need to be filled in the profile before proceeding to apply for the desired scholarship programme. After completing this section the student can search for the desired scholarship and apply if the requirements are met. 13. National Overseas Scholarship The Central Sector Scheme of National Overseas Scholarship is to facilitate the low-income students belonging to the Scheduled Castes, Denotified Nomadic and Semi-Nomadic Tribes, Landless Agricultural Labourers and Traditional Artisans category to obtain higher education. Eligibility SC, ST, and OBC candidates applying for the National Overseas Scholarship must fulfil the requirements given below: Educational Qualification: For Masters: Minimum 55% or it's equivalent at the undergraduate level. For Doctorate: Minimum 55% or it's equivalent at the master’s level Applicants must note that preference will be given to candidates with relevant experience. Maximum Age Limit: Applicants must be below 35 years as of April 1, 2020. Maximum Permissible Income Limit: Total family income should not exceed 6,00,000 INR. Children Criteria: Only two children from the same parent can get the benefit of the National Overseas Scholarship. Application Process The application form for the National Overseas Scholarship will be made available from the first week of April on the official website of the Ministry of Social Justice and Empowerment. Reward/ Expenses Covered The National Overseas Scholarship covers the following expenses which might be incurred by a student during their period of studying in a foreign country. The expenses covered under the scholarship are mentioned below: Maintenance Allowance Contingency Allowance Poll Tax Incidental Journey and Equipment Allowance Visa Fees Tuition Fees Medical Insurance Premium Air Passage Local Travel 14. Lloyd Scholarship One of the best law schools in the United States, Penn State Law School in association with Lloyd Law College has an exclusive scholarship for Lloyd student's admission in LL.M. programs at Penn State Law School-USA. Rewards Every Year one full tuition fee waiver of US $48000 for one student Every Year one tuition fee waiver of US $40000 for one student Every Year two tuition fee waiver of US $35000 each to two students Every Year one full tuition fee waiver of US $48000 for one faculty member.

Content Team

Apr 28, 2021

Judicial Clerkship in India

Research and legal writing is not everybody’s cup of tea. It takes an immense amount of patience, learning, understanding and skilful articulation. But for those of you seeking a career in this direction, a ‘Judicial Clerkship’ could be an experience unlike any other. Here, we present to you an interview with Vasudev Devadasan, a graduate from Jindal Global Law School and ex-Trilegal, where he talks about his journey and experience as a Judicial Clerk, one of the most aspired job roles for anyone who is serious about a career beguiled with legal research and writing, particularly in the precincts of a court. He also enlightens us about the application procedure and his learnings from this remarkable opportunity. 1. Please tell us something about yourself. I am a 2018 graduate of Jindal Global Law School, one of the top private law colleges in India. Law school was really a time for exploration; I participated in a wide range of moots, took courses ranging from contract drafting to constitutional theory, and took my first legal writing steps through blog and journal publications. After graduating, I joined the Corporate, Finance, and Restructuring team at Trilegal Mumbai, one of the top 25 largest law firms. It was excellent and enjoyable exposure to transactional law. Still, my long-term interests lay in the field of public law and legal theory, so I eventually decided to apply for a judicial clerkship under Justice Chandrachud, a former judge of Bombay High Court at the Supreme Court of India. 2. What exactly is judicial clerkship, and why did you apply for it? A judicial clerk assists a judge with the varied legal and administrative tasks assigned to them. You work directly under a judge, and a clerkship typically involves legal research, writing short notes on points of law, and briefing the judge on upcoming hearings. There are a couple of reasons one may apply for a clerkship: increased familiarity with Supreme Court litigation practice and procedure, understanding judicial reasoning and writing, or exposure to the varied law fields the Supreme Court engages with. Personally, I chose to clerk to understand how the Supreme Court engages with democratic processes (e.g., the right to information and freedom of speech, election law, legislative proceedings, and judicial review). 3. What is the procedure for applying for judicial clerkship? How long did it take for the whole procedure to complete? How challenging is it, and who should apply for it? The Supreme Court conducts a written examination for clerkship applicants. You can also apply directly to the office of a judge. This typically requires you to be slightly entrepreneurial and track down the exact email id to apply to. The best way to do this is to reach out to former or present clerks at the Supreme Court, and they can guide you on the specific procedure to follow. My application process was fairly rigorous. I submitted my CV, a statement of purpose, and a writing sample followed by an interview. You can also intern with a judge for a few weeks (even full law graduates can do this) and then apply. This is a great way to understand what a clerkship entails and also for the judge to assess your work. I would not want to generalize, but anybody interested in practicing at the Supreme Court or pursuing research centered around the Court should definitely consider applying. A clerkship is typically for a year from July to the following May, so the best time to apply is between February and April, with appointments typically confirmed in May and June for the upcoming year. 4. Can you please describe your work as a judicial clerk? What was/is your day to day routine? What was expected of you? The work done by a judicial clerk is very judge specific, so you should definitely either intern or speak to former clerks of the judge you intend to work under to get a clear understanding of what your clerkship experience may look like. Under Justice Chandrachud, our work largely fell into three buckets: preparing briefs for upcoming hearings; research on judgements the Justice was writing; and assistance with speaking and academic commitments. Justices at the Supreme Court hear over 150 cases a week and up to 60 cases on a single day. So preparing briefs for upcoming hearings well in advance is a time-bound challenge. Luckily for us, Justice Chandrachud would wake up very early in the morning to prepare for court, which allowed us to work into the night and prepare material for him to read the next morning. This typically involved accurately and succinctly summarising the factual circumstances and written submissions of cases assigned to the Justice. Certainly, be prepared for long hours and grueling weekends. Legal research is largely self-explanatory, although it is important to note that because the Supreme Court is often required to decide novel points of law, research is often expansive. Where Indian doctrine is under-developed, we would often look at other jurisdictions and academic work. It goes without saying that the standards for research, legal writing, and presenting your arguments are extremely high. As the apex court, judgements must settle the present dispute but also settle the position of law coherently. 5. What are the advantages of judicial clerkship for one’s professional growth? As a professional, your research and writing skills become finely tuned. The opportunity to present an argument succinctly to a Supreme Court judge in an informal setting is an invaluable experience for any lawyer. You also gain exposure to both Supreme Court procedure (e.g. admissibility, hearings, and reviews) and varied subject matter. My clerkship saw me engage with insolvency, consumer, and environmental disputes, core questions of civil and criminal procedure, and constitutional law. You are free to attend hearings and watch the nation’s top lawyers engage in advocacy. At a macro-level, you also gain insight into how the Supreme Court functions as an institution, legally and administratively. This is invaluable for aspiring academics and researchers. 6. What should judicial clerkship aspirants do to make sure they get the clerkship? If you are interested in a clerkship, the best thing you can do is intern with a judge for a short period. You will familiarise yourself with the judge’s office and the present clerks. Having a broadly competitive CV and good analytical and presentation skills, and the ability to put in long hours are essential. At the same time, familiarity with Supreme Court procedure will help you hit the ground running. Depending on the judge you are applying to, you may be asked why you are interested in clerking and what your future plans are. 7. What do you aspire to do next and how do you think this experience will aid you? I am presently applying for an LLM, one of the top 10 most professional degree courses in India and intend to pursue a career in research and teaching. My area of interest is the interaction between courts and democratic processes, and the clerkship has been invaluable in this regard. Under Justice Chandrachud, I worked on defection disputes, right to information cases, and cases concerning secularism and the freedom of speech. My clerkship has provided me with a unique insight into how courts view their role within India’s constitutional framework. You also witness the legal and institutional strengths and weaknesses of the Supreme Court, which are not always apparent from the outside.

Content Team

Apr 16, 2021

Planned Obsolescence & The Apple iPhone Case

Introduction The saying, “They don’t make them like they used to,” thoroughly fits with the Centennial Light. 115 years after someone turned it on for the first time, this amazing record-breaking light bulb is still shining in a fire station in Livermore, California. If incandescent light bulbs manufactured using 19th century technology can last for so long, why not contemporary 20th century or even 21st century light bulbs? The Centennial Light is often regarded as evidence of the so-called sinister business strategy of 'planned obsolescence'. Many people believe that light bulbs and various other technologies can easily last for decades, but the introduction of artificial life allows companies to obtain repeat sales and therefore higher profits. Others disregard planned obsolescence as a 'cosmpirary theory'. So, is this more than just a conspiracy theory? Does planned obsolescence really exist? What does ‘Obsolescence’ mean? Onsolescence is the process of becoming outdated or obsolete and no longer in use. ‘Obsolescence’ comes from the word ‘obsolete'. When something is obsolete, it is no longer relevant and no longer used; it is outdated. The most widely recognized route for an item to become obsolete is for it to be supplanted by something new, and this is where planned obsolescence comes in. What is ‘Planned Obsolescence’? It is also called ‘built-in obsolescence’ or ‘premature obsolescence’. In simple terms, this is a top-notch targeting strategies for planning or designing a product that has an artificially limited-service life or a purposeful fragile design to become obsolete after a certain pre-determined period of time. The product is designed in such a way that after a period of time, its functional efficiency will decrease or it will suddenly stop working, or it may be perceived as unfashionable. Examples: Fast fashion, low-quality clothes; slowed down phones/gadgets, unrepairable consumer electronics; short-lasting light bulbs; protected ink cartridges; marginally modified textbooks; yearly updates on cars. How is it a problem? Planned obsolescence limits the product’s lifespan of limited duration and usually forces consumers to upgrade to the more expensive Apple iPhone best model. In many cases, the product gradually disappears after the warranty period. Planned elimination refers to the use of various strategies to make the product appear undesirable, useless, and unwanted. Companies can do this in a variety of ways, and this is one of the cornerstones of profitability for many companies. It contributes to a culture of wastefulness by propagating a “purchase new and purchase frequently” attitude and restricting customer autonomy to keep products longer by hard-wiring a ‘self-destruct’ button in products. Another repercussion of this culture is social anxiety among individuals for not keeping up with the ‘current trend’. Even after following this attitude the misery of the customers caused by this money-wasting technique often leads to further issues, that include incurring unnecessary debt, the problem of constantly having to transfer data in case of gadgets, etc. In a world with limited resources for manufacturing these products and storing the subsequent waste, is in itself an issue. In such a scenario, planned obsolescence only makes it worse, particularly in terms of environmental law, sustainability and social and ecological responsibilities of cosumers and businesses. The Legality of Planned Obsolescence in Different Jurisdictions The first country in the world to ban this practice was France (in 2015). Punishement includes upto 2-year imprisonment and €300,000 fine and up to 5% of the annual average turnover. In the EU there are no specific laws for the same. However, under the Sale of Consumer Goods and Associated Guarantees Directive (Directive 1999/44/EC), EU consumers are entitled to repair or replacement of goods that are not fit for purpose or do not match the description given by the seller.[1] In the United States, the Consumer Product Safety Commission does have the power to issue durability standards if it chooses to exercise them. There is no such standard in India. There is no specific remedy for Planned obsolescence in India but an individual can file a claim under the Consumer Protection act.[2] Section 2(1)(f) of the Indian Consumer Protection Act defines the term ‘defect’ broadly as “any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under . . . under any contract, express or implied . . . in relation to any goods.” The Indian Consumer Protection Act, 1986, has added a ‘reasonable expectation’ criterion in the sense that physical defects would have to be assumed in cases in which a reasonable purchaser would not have entered a contract if the true product quality would have been known by the purchaser (the Delhi High Court, highest high court in India in Jaswant Rai v. Abnash Kaur on Oct. 3, 1973, and the Bombay High Court in Lallubhai Rupchand v. Mohanlal Sakarchand on Jan. 22, 1934). Apple & Planned Obsolescence Lawsuit 150,000 iPhone 6, 6 Plus, 6s Plus, 7, 7 Plus, and SE owners sued Apple, the largest companies in the world over the same "iPhone Slowdown" issue that Apple has been battling since 2017 in Chile. Apple in 2017 released iOS 10.2.1 with a feature that throttled the performance of older iPhones with degrading batteries to prevent device shutdowns at peak usage times. Apple did not make it clear that mitigating these shutdowns would require device performance to be scaled back, which led to significant consumer upset and a series of lawsuits that Apple is still dealing with today. Apple will pay $3.4 million in Chile to settle a lawsuit that accused the Best Companies in Cupertino of programming a limited lifespan into some of its products to force consumers to upgrade. Apple has faced similar lawsuits in Belgium, Spain, Italy, and Portugal. Apple has already settled a class-action lawsuit in the United States, shelling out between $310 and $500 million, and a state-led investigation into throttling that cost it $113 million. Conclusion Having legislation ending planned obsolescence altogether is appealing from a consumer viewpoint, as far as alleviating its negative social and ecological effects are concerned. Sustainable adaptation (green technology and better recycling framework) may prevail in viability. However, planned obsolescence is not only a business strategy. It has now become a way of life to which numerous buyers have subscribed. Regardless of whether items were devised to last for long, social driving forces like “perceived technological obsolescence, societal position, and superficial damage” will force buyers to keep on purchasing the latest and the best (as promoted by businesses and the society). In view of this, legislations alone may not be adequate. Legislations should be supplemented with different methodologies such as educating consumers on the practice of planned obsolescence, sustainable living, repairing and recycling, circular economy, etc. - Shifa Qureshi [1] Sonia Cissé, Caitlin Potratz Metcalf, Adrian Fisher, Guillaume de Meersman and Marly Didizian. (2020, March 31). In the Crosshairs: Planned Obsolescence. Linklaters LLP. https://www.linklaters.com/en/insights/blogs/digilinks/2020/march/in-the-crosshairs---planned-obsolescence [2] Stefan Wrbka, & Larry A. DiMatteo. (2019). Comparative Warranty Law: Case of Planned Obsolescence. University of Pennsylvania Journal of Business Law, 21(4), 907–977. https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1591&context=jbl

Shifa Qureshi

Apr 15, 2021

Abolition of Appellate Boards/Tribunals in India - An Appraisal

The Government issued an ordinance on April 4, 2021, to dismantle five appellate courts, including the Intellectual Property Appellate Board (IPAB), which was established in 2003 under the Trade Marks Act, 1999 and was exercising original and appellate jurisdiction under the provisions of the Patents Act, 1970, the Copyright Act, 1957 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. It handled intellectual property disputes between top companies in India in various sectors in the technology, engineering, and pharmaceutical sectors. The Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021 abolished IPAB among other courts. At present, the High Court is expected to effectively handle patent, trademark and geographical indication disputes, and copyright issues will be heard in the best commercial courts in India. Through the decree, the government plans to dismantle these appeal courts in order to streamline them. Since then, there has been a tiff between professionals who think this move could dismantle the pendency of the cases, even further. We reached out to a few accomplished practitioners who were asked whether the Ordinance was justified, in the first place. Their insights have been helpful in understanding the repercussions of this Ordinance. Aakash Raman Sinha, Associate, Singhania & Co., Bangalore, was asked whether he thought the Ordinance was justified or not. He opines, “The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 brings about two major changes. One is with respect to abolition of five Appellate Tribunal and grant of appellate powers to the High Court in that regard. The other concealed change is with respect to Section 184 of the Finance Act, 2017 from where the Centre gets its powers to make Rules relating to Tribunals and its members. As far as the move to abolish the Appellate Tribunals are concerned, it cuts both ways. Prima facie it appears as a move which can increase the burden on Judiciary, and shift High Court’s precious time on matters such as examining the validity of removal of a particular scene/clip from a film. However, it has its own benefits. Firstly, it is notable that most of the Tribunals which are included within the ambit of the Ordinance, were not functioning properly. Most of the members appointed as a “technical member” lacked the expertise, quite ironically. Secondly, the resolution of disputes in these Tribunals, have not been as speedy as envisaged. Thirdly, most of these Tribunals led to reduced access to Justice. Most of them are only located in a couple of cities, increasing the litigation cost and catering mostly only to the lawyers present in those cities. Further, this move ensures that one layer in accessing Justice as such is removed enabling people to access it faster and at a reduced cost. Lastly and most importantly, it bolsters Judicial Independence. As regards the powers to make Rules regarding Tribunals and its members is considered, a bare perusal of the Ordinance will denote that it is an old wine in a new bottle, and a blatant disregard to the directions of the Supreme Court to maintain judicial dominance in appointments”. Aakash’s take on the impact in employment through this Ordinance - “When viewed specifically from an employment perspective, the timing of the Ordinance could not have been worse. The world is reeling from a pandemic, and it is the most inappropriate time to cut jobs and snatch livelihood of those who are working in these Tribunals. Apart from retired Judges or senior bureaucrats who are appointed as Presiding Officers, there are various other personnel who constitute the Registry or the back-office of these Tribunals for whom this measure spells absolute disaster. Even if a separate wing for these specialised matters is created in the High Courts, the requirement of personnel will not be as high as required to ensure smooth functioning of a separate Tribunal as such.” Whether there could be an alternative to the abolition of appellate courts - “The alternative approach should have been to conduct a “Judicial Impact Assessment” as advocated by the Hon’ble Supreme Court in Roger Mathew vs. South Indian Bank & Anr., prior to abolishing the said Tribunals so as to collate the viewpoint of all the interested parties and to arrive at a decision that neither increases the burden on Judiciary nor reduces the employment of the people at large while maintaining Judicial Independence. While rationalisation of Tribunals in the long run is justified, as of today, it would have been better if the Ordinance merely provided for appointments to the Tribunals, larger tenure to minimize executive interference and maintained Judicial dominance in those appointments.” This surely opens a door of debate, as to whether the Ordinance is just and fair in all terms. Mukund P. Unny, practicing Advocate at the Supreme Court of India “The decision of the Central Government to amend the law regarding Tribunals, to delete the Appellate Boards from the system and to give the powers to the High Courts and Commercial Courts, is commendable. It has been a publicly-known fact that the Appellate Boards under various statutes were not functioning in full capacity, much less efficiently. Although Appellate Boards were formed with the intent that an expert body should decide the appeals, we have seen instances where these Boards passed orders which were prima facie perverse. Settled legal principles were often neglected by the “expert members” of the Tribunals. It is important to note that a High Court or a Civil Courts in India are no less a forum that lacks expertise. It is also important that most these Boards or Tribunals were understaffed. The new decision would help in ensuring that such inadequacies are sorted out for good. However, there is also a concern regarding the mounting arrears in various Biggest high court in India. Many Intellectual Property cases, that are to be decided quickly in the interest of business, may get delayed due to the clogs in the system. Therefore, it is necessary that these disputes are decided by the High Court or Commercial Courts within a time-frame. For example, Arbitration and Conciliation (Amendment) Act, 2015 ensured that the arbitration proceedings are concluded within a year. The Commercial Courts Act, 2015 has also given impetus to timely disposal of commercial cases. In my opinion, the Government ought to have stated that these cases, that are now relegated to High Courts and Commercial Courts, are disposed of within a specified timeline so that litigants do not have to wait for years.” Sumeet Sirohi, IPR attorney, R.K Dewan & Co, Bangalore who has dealt with the Intellectual Property Appellate Board (IPAB), was asked about this Ordinance and how it impacted the employment. He opines, “Since I’ve only dealt with the Intellectual Property Appellate Board, my opinion will be limited to the effect and consequences the Ordinance has on that front. The IPAB was working with a considerable number of latches with regard to the quorum of the bench in itself, and with a lot of procedural latches with regard to the hearing dates, filing and service of the documents and so on. The ordinance is justified to the extent that it abolishes the IPAB, but not in substituting the Tribunal’s jurisdiction and powers to the High Court and the Commercial Court. Clearly, the judiciary has already been overburdened with cases pending for decades altogether, and this Ordinance will only further over-burden the judiciary. In a way, the entire motive of speedy adjudication of appeals is set ablaze by shifting the adjudication body to an already overburdened authority like the High Courts and the Commercial Courts. I had happened to contact the IPAB officials to understand further procedural course of actions, and the melancholy and the utter shock that the employees were in could be easily felt through their voices. The Ordinance will definitely impact the employees of the respective Tribunals, and I hope the Parliament takes that into consideration when the Ordinance is tabled in front of them for discussions and amendments. Ideally, the Tribunals were the specific and exclusive bodies to hear the appeals from the respective statutes. A similar arrangement of setting up new quasi-judicial bodies with improvements (given that there were numerous feedbacks on fighting the latches available) could have been resorted to. Nonetheless, the IPAB had been functioning at a tortoise’s pace, and slow and steady does not work for the long pending cases before them. However, as stated, I reiterate that shifting the burden to the High Courts and the Commercial courts is not the smartest move.” Ritesh Kumar, an Advocate-on-record at the Supreme Court of India and Partner at KRN Law Firm, has been practicing for over 18 years. He opines that the Ordinance was just and meaningful. He states - “Abolition of few of the tribunals seems to be a well-meaning step taken in the directions of rationalising and reforming the tribunal system. Some of these tribunals appear to have become obsolete and their abolition would not make much of a difference. Overall, the abolition is in line with the demands of lawyers, primarily practicing in the High Courts, and it is likely to benefit them. It is beneficial for the clients too, inasmuch as, adjudication would now become centralized. We should also not forget that High Courts are not only fiercely independent but also much better equipped, infrastructure wise, than these tribunals. Overall, I do not see any reason to complain. The lawyers and top law firms in India practising in these tribunals are familiar with and are well equipped to appear and argue before the High Courts as well, so if I think from the employment front, there wouldn’t be much of an impact on it. Some of the High Courts also have commercial courts. Therefore, lawyers specialised in these tribunals would be least bothered from this change in forum, as long as they have the clients and cases! Having seen the system up close, I don’t think there could be any other alternative than that of this Ordinance. Either, you can have the tribunals or you can’t. However, I would definitely say that this is a bold decision of the Govt. At the same time, I am sure the Govt would be thinking of appointing more judges to deal with an increasing number of cases and to adjudicate them swiftly and without any delay.” Resentment of this Ordinance by the film fraternity While legal practitioners have their reasons to support or criticise the Ordinance, the film industry has not welcomed this Ordinance as it goes on to abolish the Film Certification Appellate Tribunal (FCAT). Located at New Delhi, this tribunal was often resorted to, by filmmakers whose films required edits as per the orders of the Central Board of Film Certification (CBFC). In the past, the filmmakers have already been at war with the CBFC for having suggested edits that were not positively accepted by producers and directors. They often approached the FCAT in the hope to overturn CBFC’s decision, and more often than not, the appellate tribunal was deemed a success by these aggrieved filmmakers. With the Ordinance stating the abolition of FCAT, Filmmaker, Hansal Mehta, the best filmmakers in India took to twitter where he asked whether the high courts had a lot of time in their hands to address film certification grievances, and how many film producers would actually have the means to approach the court. Filmmaker, Vishal Bharadwaj also took to twitter and tweeted that the abolition of FCAT was a sad day for the cinema. Apar Gupta, a lawyer and Executive Director of the Internet Freedom Foundation tweeted that the abolition of FCAT was likely to increase further delay, costs and indeterminacy for filmmakers. His tweet further states that the writ jurisdiction of the High Court would be an inadequate basis to remedy it. He states that while in principle there were strong arguments for the abolition of the tribunals, but - till film certification is mandatory, the FCAT was largely an imperfect but a functional body and it provided relief in a large number of cases. With the courts already struggling to clear backlogs and pendency of cases along with more cases being filed everyday, the question of how this Ordninance will affect high courts, is something we are yet to find out. Until then, we continue to hope for a system that enables speedier dispensation of justice.

Bhavya Bhatt

Apr 13, 2021

Rhodes Scholarship for India

What is it? The Rhodes Scholarship programme is the oldest (established in 1903), and perhaps the most prestigious, international scholarship programme in the world. Administered by the Rhodes Trust in Oxford, the programme offers more than 100 fully-funded Scholarships each year for postgraduate study at the University of Oxford (UK) - one of the leading universities in the world. Rhodes Scholarships are for young leaders of outstanding intellect and character who are motivated to engage with global challenges, committed to the service of others and show promise of becoming value-driven, principled leaders for the world’s future. The broad selection criteria are: academic excellence (e.g., First Class Honours or GPA of minimum 3.7 out of 4.0, or equivalent). Further details on the academic requirements can be found under ‘Eligibility Criteria’ below, energy to use your talents to the full (as demonstrated by mastery in areas such as sports, music, debate, dance, theatre, and artistic pursuits, particularly where teamwork is involved), truth, courage, devotion to duty, sympathy for and protection of the weak, kindliness, unselfishness and fellowship, the moral force of character and instincts to lead, and to take an interest in your fellow human beings. 94 Rhodes Scholars are selected annually from the Best countries in the world. They are young women and men from diverse backgrounds and interests who show the potential to be public-spirited leaders for the world’s future. Each year, there are five Scholarships available for India. The first Indian Rhodes Scholars took up residence in Oxford in 1947, and since that time over two hundred Indians have been awarded the Scholarship. Eligibility Criteria Nationality/citizenship You must be a citizen of India, holding an Indian passport, or equivalent proof of citizenship; PIO or OCI cardholders do not satisfy the Indian citizenship criteria for this purpose. *List of Rhodes Scholarship Constituencies: (India is one of them) https://www.rhodeshouse.ox.ac.uk/scholarships/list-of-rhodes-scholarship-constituencies/ Age Upon 1 October 2020, you must meet either of the below criteria: You must be at least 18 and have not reached your 24th birthday. OR (for older candidates who completed their first undergraduate degree later than usual) You must have not reached your 27th birthday AND your first undergraduate degree must have been (or will be) awarded on or after 1 October 2019. (for selection for 2021) Education/residency & Academic achievement You must have undertaken formal study at the best educational institution in India for a minimum of 4 of the last 10 years, and have either: completed a school-leaving exam (10th or 12th standard or equivalent) at a school in India, or have received, or be in the final year of, an undergraduate degree at a top university in India. *You must have completed (or will have completed by June / July 2021- for 2021 applicants) [for selection for 2021] your undergraduate degree with First Class, or minimum GPA minimum 3.75 (or equivalent). Successful candidates typically feature within the top few ranks of their graduating classes. Please note: only one of the five available Scholarships (and, in exceptional cases, two) may be awarded in the aggregate to candidates who are pursuing, or have pursued, their undergraduate studies outside India and inter-jurisdictional Candidates. Please note carefully the requirements for your chosen course at Oxford, which may be higher still: https://www.ox.ac.uk/admissions/graduate/applying-to-oxford/application-guide?wssl=1 English language You must have a sufficiently high standard of English to meet the English language proficiency requirements (at the Higher Level listed) of the University of Oxford. Application Procedure Register and Create an account on the website of Rhodes Trust. Complete the Rhodes Scholarship Application form Submit personal details along with the list of required documents. Rhodes Scholarship applications should be submitted along with documents listed below: Personal statement of 1000 words focusing on why an applicant deserves the scholarship. Academic Transcripts from previous Institution (English translations, if required) Letters of Recommendation (list of referees along with relevant details)[6 refrees] Valid Indian Passport Updated Resume (not more than 2 pages) A valid photograph of the candidate in jpg format. IELTS or TOEFL score Submit the application package before the deadline. In preparation for making your application, you should read carefully the general information, particularly that held on the Scholarships tab, on the Rhodes website, the Conditions of Tenure for the Rhodes Scholarship, the information in this document and the graduate admissions pages of the University of Oxford: www.ox.ac.uk/admissions/graduate If you are longlisted you will be invited to attend a preliminary, personal interview in New Delhi. If you are not ordinarily resident in India you may be interviewed preliminarily by video conference or telephone. Shortlisted candidates will be invited to a social engagement (a tea or dinner with the selection committee hosted by the Chairman) and a final interview. You must be available to attend both, in person, as no accommodations can be made on the date and time, or mode, of these events. Interviews will be held in October or November of that year. No candidate will be selected without an interview. The granting of an interview is entirely within the discretion of the Selection Committee. A domestic travel allowance for candidates invited for the final interview will be paid by the Rhodes Trust. International travel will not be reimbursed. All applicants will be emailed with the outcome of their application. One can even refer to this guide: https://www.rhodeshouse.ox.ac.uk/media/42118/unofficial-guide-india-2018.pdf How much is the Rhodes Scholarship worth? A Rhodes Scholarship covers All best global universities and College fees; the University application fee; a living stipend; one economy class airfare to Oxford at the start of the scholarship and one economy flight back to the student’s home country at the conclusion of the scholarship. For the 2019/20 academic year, the stipend was £15,900 per annum (£1,325 per month) from which Scholars pay all living expenses, including accommodation. Scholarships are a great way to empower ourselves financially, without having to depend on our folks for financial support. The Rhodes Scholarship is one of a kind. You should definitely give this scholarship a try if you would like to experience studying in one of the most prestigious universities in the world without having to worry about financials! While it could be challenging, it is not unattainable. - Bhavya Bhatt & Shifa Qureshi

Shifa Qureshi

Apr 01, 2021

Business Development after law school - Interview

Studying law in law school, and pursuing it after law school is one's choice. A few start their practice as litigators, and a few start as corporate lawyers but is anyone a less of a lawyer if they pursue a different non-law domain after law school? The answer is no, and this interview is here to clear the air. Business Development in Law is a real thing but only the most underrate at this point. Here, in this interview, Akanksha Bisen, a lawyer tells us about her journey as a Business Development Professional and what drove her to pursue this non-law domain. 1. Please tell us a bit about yourself. I was born in Delhi but brought up in a small but now famous town, Gorakhpur. I graduated from the Army School, one of the top best army schools in India way back in 2007 and came to Delhi to pursue my commerce degree from Gargi college. I pursued LL. B from the Faculty of Law, Delhi University, and completed my Masters in Business Laws (MBL) from NLS Bangalore. I am a health freak and a martial artist. I love dancing and graduated in Kathak. My first love is writing, and I am into Hindi and English Poetry. I am a sucker for diverse experiences and that probably explains my interests in traveling, books, food, languages and cultures. 2. What inspired you to take up law? How has that changed over the years? Many factors, actually. Being the first generation lawyer in my family is one of them. It is always great to have a black and a white coat in the family. My dad being the holder of the white coat – I opted for the black one. On a serious note – I always had a knack of knowing and appreciating the legal nuances. That later just spilled over my vocational side. In my extended family, we have had lawyers and judges. My discussions with them during family get-togethers led me to legal studies. Much before I studied law, I read books on constitutional law and it fascinated me. At a practical level, I believe that commerce and law are a potent combination. To answer your second question – I think the notion that if “you are a lawyer, you must just practice law” is changing. There are so many newer avenues that one can opt for. I come from a time when my seniors and peers gave me looks for not taking the obvious route. Now I get a lot of questions filled with curiosity – Oh, that’s interesting, I want to know more about it. I notice a sea-change in the perception and acceptance to lawyers opting offbeat careers and I love it. Today, there are several other unconventional career options available for the lawyers including but not limited to journalism, policy analyst, content creation, and management consultancy. 3. Was there any particular factor that motivated you to incline yourself towards Business Development after working as a legal advisor? While studying for my masters and working as legal consultant, I realised and felt the nexus between business and laws. The course taught me how businesses get impacted by laws in several ways throughout their journey. My inquisitiveness increased on how new businesses are changing the world and how organisations are changing their working styles and processes to move forward in the competitive world. This ignited a spark in my mind to learn more about businesses, which led me to pick-up a job with a business consulting firm post my studies and a brief term at a litigation firm. During my consulting stint, I learned more about start-ups, franchising, fundraising, marketing, and the best retail company in India. My role was to provide business and legal advisory services to a wide variety group of clients from small start-ups, e-tailers and the world’s biggest retail companies. After spending three years at a consulting firm, I realised that my business advisory skillset can be best put to use in the topmost prestigious law firms. That’s when I took up a role at Phoenix Legal. I was heading their BD department and was responsible for identifying growth opportunities in national and international markets, managing marketing and client relationships. As a BD Associate, one needs to be well-versed with the basics of digital world including but not limited to top specialization in digital marketing i.e. Search Engine Optimization (SEO), Social Media Optimization (SMO), networking, etc. 4. Aren’t you bothered by the fact that this job profile is a bit different from your degree of study? I am completely at peace with my choice of career. My early professional life taught me a lot about strategy and business development. The day I realised this is something I wanted to do – I never felt like I was ‘working’. I love what I do. 5. How has been your experience as a legal professional and a Business Development professional? How different have these two job profiles been? These are both different fields and depending on your interest it could either bore you to death or you may feel you are just getting started. For me, it felt pretty much the same – you research, keep your mind open, practice and learn something new every day. The difference is that – you are not billed hourly, do not use legal paper, and mostly do not pull all-nighters. As a lawyer, you are solving the complex business problem from a legal angle. As a BD professional, you are solving a business problem from strategy, growth and marketing angles. Therefore, you will be applying some real-life learnings and involve certain application-based activities to increase the business of any organization. 6. As a lawyer, what scope does Business Development have? Do lawyers have an edge over others in this domain? Business development as a field within the legal industry is growing and gaining traction. As law firms mature and increase in size, the scope of marketing and business development will grow further. An individual can start at the entry-level and graduate to become the head of business development eventually. As a lawyer, I understand a legal practitioner’s limitations and the laws. I speak to them in their language. As a BD professional, I understand the market opportunities, the rapid speed at which the world is changing. I am a constant learner by virtue of this profession. Of course, this is a niche vocation and generally requires a lot of other skill sets. Being a lawyer, I do feel that we have the edge over others from non-legal fields. We have an eye for detail, and we do read between the lines; we are better negotiators and great at stitching impressive deals. Having said that, I believe it is a very individualistic thing. Folks from non-legal fields also have their own experiences and skillsets. I totally believe that they also have an edge over us in certain fields. In the end, soft skills hold paramount importance in the field of Business Development. This is one such field which doesn’t demand a particular set of educational degrees. Associates come from diverse background such as finance, administration, marketing and communication. 7. What would you suggest to budding lawyers who are looking forward to opportunities that aren’t entirely law-related, especially in Business Development? How should one go about it? I am not great at giving advice, but I can share what worked for me. I tried everything and then figured out what I wanted to do. Being a lawyer and coming from a middle-class family where you have road maps laid out for you, I explored my options and settled for what worked for me. It is always important for us to explore all the options, after removing the limitations posed by our educational background. I very strongly feel that we are all artists once we figure out what our ‘art’ is. Artists are great because they do what they love and what they are meant to be doing. So, my only suggestion would be - In a generation of professionals, be an artist. Know more about Business Development in Law here.

Bhavya Bhatt

Mar 23, 2021

Digital Tax

Did you know that amidst the Covid-19 pandemic that resulted in several businesses moving from in-person meetings to digital interactions, the Government of India has introduced Digital Tax via Finance Act, 2020? Amidst all the gloom and doom of the Pandemic, the introduction of Digital Tax in India is being hailed by many as a welcoming move. Direct and Indirect Tax Tax in India can be segregated into; Direct and Indirect tax. Direct tax refers to the type of tax where the burden of tax can’t be transferred to another person or entity. It is the type of tax where the individual or an entity on which such tax is levied, will alone be liable to make payment of the same to appropriate authority. Direct tax is usually levied on a person’s or an organisation’s income or profits. Income Tax is one of the best examples of Direct tax; it is the tax levied on the income of an individual or organisation, earned during a particular financial year. The amount payable under Direct tax may vary from one person to another on the basis of his or her income or profits. Indirect tax on the other hand is one, where the burden of the tax is transferable. Indirect tax is levied upon goods and services and is usually payable by the end-consumers. The Goods and Service Tax is a classic example of indirect tax. The amount of tax levied under Indirect tax is constant with respect to the products or services on which they’re levied. Digital Tax In keeping with the rapid digitisation of the world, most developed countries in the world are increasingly bringing into effect a form of tax, most commonly known as ‘Digital Tax’. Digital Tax refers to the tax levied on digital goods or services or digital business activities. Digital goods refer to products or services that rely upon the internet to function and have minimal human involvement. It is pertinent to note that there’s no universal treaty governing digital tax, though the Organisation for Economic Co-operation and Development (OECD) is on the verge of introducing the same. With the increasing emphasis on internet related services provided on digital platforms, many top developing countries with a view to increase tax revenue from cross-border digital services, have introduced Digital Tax. The Evolution of Digital Tax Top global digital companies often attract a large part of their consumers from foreign countries. For instance, World’s top digital companies like Google, Facebook, Amazon etc., have their establishments in America, yet derive a huge part of their revenues from consumers based in foreign countries without making considerable tax payments domestically in the respective countries, by virtue of operating on a digital medium. Most of the digital companies base themselves in jurisdictions where the tax levied on them is considerably low, with a view to minimise their tax liability. Unlike regular companies, digital companies weren’t liable to pay any import duties when they entered and served in a foreign country as it would have been impractical to levy tax on data or digital related services. And this enabled digital companies to escape making tax payments in the countries where they provided services. Further the companies could show all their profits at their headquarters, which can be situated in the jurisdiction of a state that levied a low-tax charges. Therefore an important reason identified by various countries that led to the advent of digital tax is that there is an irregularity between where the profits are taxed and where the actual value is created. It had been proved that to a certain extent the revenue generated through digital companies is in foreign countries by virtue of their users, where they don’t even have an established company in such countries. Most of such companies generated their revenue from their interactions and engagement with the user interface across the top ten countries in the world. And digitalization had not only enabled the companies to seek new competitive advantages because of the digital medium but also has provided them ample opportunities to avoid taxation. For instance digital companies like Facebook, Instagram, EBay etc, provide e-commerce services by various means and yet escape their tax liability for the same by making their tax payments at their headquarter jurisdiction. Thus, the need to levy tax where the value is created by the digital companies has come into the picture and as a result Digital Taxation has been introduced. The Singapore Finance Minister, Heng Swee Keat, during his speech about Digital Tax in 2018, had said: “Today, services such as consultancy and marketing purchased from overseas suppliers are not subject to GST. Local consumers also do not pay GST when they download apps and music from overseas. This change (introduction of Digital Tax), will ensure that imported and local services are accorded the same treatment.” Countries that have enforced Digital Tax Digital tax has been enforced by various countries in accordance with their statutory provisions. Some of them are as follows: United Kingdom- In the UK any business providing a digital service in the form of search engines or e-commerce, need to register themselves to pay digital tax in the form of DST (Digital Service Tax), which is levied at a rate of 2% on the revenue derived from the users based in UK. The said form of tax came into force in UK on 1st April, 2020. France: In France, DST was introduced in the year 2019. DST here, not only affects digital companies but also businesses that possess a digital model. DST is imposed at a rate of 3% on the gross revenue which is derived from digital operations where the users based in France play a vital role in creation of value. Australia: Australia had introduced the taxation on digital goods by including the same in their Goods and Service Tax. Businesses engaged in cross-border supply of digital goods need to pay 10% Goods and Service Tax in Australia. These measures were introduced in Australia in 2017. Russia: Russia has introduced measures to tax digital goods by levying the same through VAT (Value Added Tax). The foreign companies that sell their digital goods or services to customers who are residents of Russia, will need to charge a VAT of 20% and pay the same to the Russian Tax Department. Digital Tax in India India has an interesting approach towards taxation on Digital Goods and Services. India had introduced equalisation levy in the year 2016, where it levied tax at the rate of 6% on non-resident digital companies that provided online advertisement services in Indian domain. (Section 165 of Income Tax Act, 1961) As a result of this during the fiscal year 2017-2018, the revenue from the equalization levy was Rs. 550 crore. Initially, GST (Goods and Service Tax) was applicable on all goods and services being sold to an Indian consumer or business by either an Indian entity or a foreign entity. Under this mode of taxation where the supplier was a non-resident entity, the service recipient was liable to pay GST under Reverse Charge Mechanism. It was the responsibility of the service recipient to pay GST to the government and not the liability of the service supplier to pay GST to the government. But with the implementation of the latest Finance Act of 2020, the scope of equalisation levy has been widened and digital tax at a rate of 2% shall now be levied on any e-commerce operator who receives any consideration for e-commerce supply or service, from an Indian consumer or recipient. It is to be noted that the above mentioned digital tax is levied only on non-residential e-commerce companies, where the per-annum revenue/consideration received by the said company is not lesser than Rs. 2crore. (Section 165A of Income Tax Act, 1961). The burden to pay the said tax shall be on the non-residential e-commerce company that provides services on digital platform to customers based in India. Previously when the same was regulated under the scope of GST, the burden of paying the Tax was on the service recipient. Digital tax and its repercussions It is an interesting fact that most of the digital companies that have been subjected to Digital Tax are American based. And levying of tax on such digital giants has attracted retaliation from the US government. This was the case when the government of France first introduced Digital Tax and implemented the same on digital companies like Google, Facebook, Amazon etc. The US government went so far as to threaten France with retaliatory tariffs against French goods. Similarly, now India has implemented digital taxation on e-commerce activities and the US government has asked India to reconsider its e-commerce policy.. Therefore the need for a universal model monitoring and regulating cross-border Digital taxation exists. Hopefully the OECD will soon come up with the same to ease the repercussions of State-implemented laws relating to digital tax. With the ever-increasing ease of doing business through online platform one can surely admit that the digital means might become the sole platform for conducting business in the coming days. Various countries have rightly identified the benefits of the same and have begun with implementing taxation on such digital goods and services which are traded through the digital medium, to maximise their revenues effectively. - K SUMANTH GOWDA

Superadmin

Mar 22, 2021

The know-how to becoming an Advocate-on-Record

Adv Ritesh Kumar has been practising law for over 18 years now. He is a first-generation lawyer, who began his career working under a senior advocate and is now an Advocate-on-Record and partner at KRN Law Offices in Delhi. In this interview with him, we trace his journey, the challenges he faced and how he overcame them to carve a successful career in litigation, with an emphasis on his AOR experience. 1. Please tell us a bit about yourself. I am Ritesh Kumar, an Advocate-on-Record in the Supreme Court of India. I completed my law at one of the top law schools in India, Campus Law Centre, Delhi University, in 2002. I am also a litigating lawyer having worked alongside Senior Advocates and Standing Counsels in Delhi for close to eighteen years. At present, I am a Partner in KRN Law Offices, based out of Delhi. 2. How has your journey been as a lawyer who started in 2002? Things in 2002 were very different! The Internet was an alien concept then, and whatever research we could do was limited to the available resources in print. We did have a broadband connection but back then, we didn't have instant results through Google, as we have now. The knowledge that we needed could be gotten only through the library's four walls or by consulting our seniors, peers, and colleagues. As a student and as a lawyer, I didn't think that a day like today would come into existence. I was unsure of my future and my career when I graduated from law school. As a first-generation lawyer, things were even more different because I couldn't build networks, make contacts like how people do it today! The struggle that I witnessed to understand this profession without any leads and guidance was one of its kind, something I still cherish because it has taught me to strive and work harder. In 2002, there were very top law firms in India. Hence a majority of the graduates joined under senior advocates. I also worked under a senior advocate, and I got this job before I graduated, with the help of my best friend and his uncle, who connected me to a senior advocate for the job. This is how I started my career, even before enrolling myself with the Bar Council. However, it had its cons since I couldn't appear before the court or do anything that an advocate could do. I did a lot of administrative work, interacting with people who worked at the Delhi High Court, the largest high court in India and the Supreme Court registry. I learned how to file things in court, get the certified copy of an order, what forms are required to be filled in the court. It occupied me for a while, and soon after enrolment, I had a little more clarity about what I am supposed to do. I started dealing with clients, drafting pleadings, and I believe my life had a turning point after becoming an advocate. Things have not been the same ever since. I had the privilege to work under Justice Siddharth Mridul, who was then the Standing Counsel for Union of India and currently the Judge in the Delhi High Court. I worked the longest under Mr. Amarjit Singh Chandiok, Senior Advocate. All these experiences led me into practicing as the Standing Counsel in the Supreme Court from 2013 to 2019, where I worked closely with various ministries and departments. When I started, I didn't think I would be here, so the journey, to sum up, has been a very sweet one, up till now. 3. Why did you choose to become an AOR? My first senior, who I worked under, Mr. Ajit Kumar Sinha, was an Advocate-on-Record (now he is a Senior Advocate in the Supreme court of India), and it is through him that I indulged in working at the Supreme Court. Starting from the Supreme Court can be tricky because you can't learn the complexities unless you are well-versed with basics. However, working under Mr. Ajit gave me hands-on experience dealing with Supreme Court matters and their functioning. It is then that I came across the AOR exam, one of the toughest examinations in the fields of law. In Delhi, there is no dearth of opportunities for a lawyer. It is the only city with the District Courts, High Court, the Supreme Court of India, and many major tribunals that make it the best city for lawyers. Keeping this in mind, I thought becoming an AOR would help me in my professional career and practice as a litigating lawyer. Even though there is no restriction on an advocate to practice in any of the courts, one cannot appear in front of the Supreme Court without representation by an AOR. Many of my friends have been AORs before me, and this also inspired me to take up the exam and try becoming one. I wouldn't say it was a very easy thing for me to do. It was challenging. The exam was tough, but I got through it, and what was deemed challenging back then is reaping fruits as of now. 4. Who is an Advocate-on-record? What do they do, and how do they differ from advocates who are not AORs? Article 145 of the Constitution enables the Supreme Court to make rules and regulations. Even though the Advocates Act and State Bar Councils govern an advocate and his practice, the Supreme Court's things are governed by the Hon'ble court itself. The AOR is a designation in the Supreme Court of India, responsible for filing cases on behalf of any party in the Apex Court. The Supreme Court rolled out this designation under Order IV of the Supreme Court Rules, 2013 (previously Order IV, Rule 2, Rule 4, and Rule 6 of the Supreme Court Rules, 1966). As per these rules, no other advocate other than the AOR is entitled to file an appearance or act for a party in this Apex Court. No other advocate can appear or plead in any matter unless he is instructed by an AOR or is represented by the AOR in this court of law. This is how they differ from advocates who are not AORs, to put simply. 5. What is the procedure of becoming one? Are there experience-related pre-requisites to becoming an AOR? One needs to qualify the exam to become an AOR. The AOR exam is conducted by the Supreme Court on an annual basis, while the requirement is that the person has been enrolled with the Bar Council for not less than five years and should have an active practicing experience of at least five years. Once the exam is qualified, they become eligible to file a case, plead the case and appear on behalf of parties even in the Supreme Court, which other advocates are restricted to do. A year of training under an AOR is also a mandate, which can be commenced only after a four-year practice in the court. Hence, the five years of practice can be 4+1 to appear for the exam. You need to produce a certificate from the respective State Bar Council for the experience to be present on the record. The AOR must have at least ten years of experience of practicing in the Supreme Court to train the AOR aspirant. There are four areas which should be focussed on while preparing for the exam. They are - Drafting, Professional Ethics, Preparing for Practice and Procedure, and Leading cases. The exam has questions around these four areas, which are monumental for an advocate to practice directly in India's Supreme Court. I also had a subject called "Elementary Practice of Booking and Accounting," which I had to prepare for when giving the AOR exam. This subject isn't included anymore. The Supreme Court publishes certain study materials on its website, which are important for an aspirant. The question paper is set by the Senior Advocates and examined by them as well. Even though the paper is not made by any central body, the emphasis on the practical aspect of law makes it difficult for the aspirants to get through this exam. It is said that only 18 to 20 percent of the aspirants get through this examination. Another obligation on an AOR is that he/she should have an office chamber within a 16km radius from the Supreme Court and a registered clerk in the office. 6. How has becoming an AOR helped you in your professional trajectory? Are there any benefits attached to this distinguished job role? Becoming an AOR has made it easier for me to practice in the Supreme Court. It has made me even more aware of the procedure and functioning of the Supreme Court. It is a very beneficial designation if one qualifies for the exam because it increases your value in the legal fraternity. AORs are given first preference while allocating chambers in the Supreme Court, which is beneficial because getting chambers within Court premises otherwise is very difficult. The appellate jurisdiction in the Supreme Court from all courts and tribunals is another advantage of becoming an AOR. When an appeal is filed in this Court, AORs come into play, and because of the adversity of appeals, an AOR can get hands-on experience about a lot of areas, a lot of things that get limited when you are an advocate and not an AOR. While we get a lot of exposure and opportunities on behalf of the party, we need to be very careful because the onus is on the AOR if there are any discrepancies in conducting the case. Becoming an AOR has added value to my career, where I can now fully practice advocacy in the Supreme Court. This has also benefitted me on the knowledge front, as I am now even more well-versed with the Supreme Court's judgments. 7. What is your suggestion for advocates who are looking forward to becoming an AOR? How should they go about it? If you are looking forward to being an AOR, you should be ready for challenges that would come your way because the journey to becoming an AOR is undoubtedly not easy. One should take advantage of training under the AOR, as understanding the practice and procedure is deepened during this time. One should sharpen their drafting skills as much as possible during this training period and be well-versed with all the latest judgments delivered by the Supreme Court. The AOR syllabus lists the leading cases required to be known by the aspirant. However, there is no harm in learning about the latest judgments, apart from the list provided. Questions can also come from the latest judgments; hence knowledge is essential for this exam. Of course, you have to brush up on certain Acts and Rules because while you may be applying them in your practice, you sometimes don't know the exact rule or where to find it until you study them carefully. This includes the Supreme Court Rules, 2013, the Advocates Act, 1961 and Bar Council of India Rules. The Supreme Court conducts a few sessions before the exam, which a senior usually heads. The aspirants must attend these sessions to get their doubts clarified and prepare with other aspirants. I found the sessions very helpful. Preparing alongside practicing in the court as an advocate is tricky because you do not get leaves to prepare for this exam. However, this is a challenge that can be overcome by prioritizing time. Time management is an important factor whilst preparing for this exam, and once you attain that quality, it is not difficult to pass this exam and become an AOR. It is suggested trying to start slightly in advance, by March or April, so that you can slowly begin to going through the material before the beginning of the summer break. Last moment preparation is never good, so the aspirant should stay consistent while preparing and regularly read and update oneself about the judiciary's latest developments. Read more about the AOR exam, the toughest exams in India here.

Bhavya Bhatt

Mar 17, 2021

Advocate on Record - Tips to crack it!

The Advocates-on-Record (AOR) examination, one of the top 10 toughest exams in India is conducted annually between May and June. The Supreme Court scrapped the exam in 2020 due to the Covid-19 pandemic and is now likely to held in June 2021. The examination is conducted by the Board of Examiners comprising of senior advocates under the supervision of a committee of three judges of the Supreme Court. It is usually held at the court building in New Delhi. The examination is tough to crack and only less than 1 in 5 clear it. There is no set pattern for the examination and it varies from MCQs to subjective questions every year. The examination consists of 4 subjective papers conducted on consecutive days. The structure of the paper is as follows: Day 1- Paper I: Practice and Procedure The subject matter includes relevant provisions in the Constitution of India that relates to jurisdiction of the court, Supreme Court Rules and relevant provisions of the CPC, the Limitation Act and the General Principles of Court Fees Act. Day 2- Paper II: Drafting This includes petitions for Special Leave, Statements of Cases and Decrees, Orders and Writs. Day 3- Paper III: Advocacy and Professional Ethics This includes the Advocates Act and cases reported under the Advocates Act, particularly disciplinary proceedings, cases relating to the Contempt of Court involving advocates, the Bar Council of India Rules and the Supreme Court Rules, 2013. Day 4- Paper IV: Leading Cases Head notes of the leading cases shall be made available by the Registry to the candidates at the examination hall on the day of examination and the same must be returned to the invigilators at the end of the examination. Each paper is for 3 hours and the maximum marks for each paper is 100. To pass the examination, the candidate must obtain a minimum of 50% in each paper and 60% in the aggregate. A candidate who obtains 40% in one paper but obtains 60% aggregate in the remaining papers, shall be allowed to reappear for that paper, after payment of the full examination fee. Similarly, a candidate who passes in all papers but fails to obtain 60% aggregate, shall be allowed to reappear for any one paper after payment of the full examination fee. In both cases, the candidate shall be declared to have passed the AOR examination only when the marks obtained in the re-examination taken with the marks obtained in the earlier examination are 60% of the aggregate in all papers. A candidate who fails in all papers shall not be permitted to appear in the next examination and one shall not be allowed more than 5 chances at the examination. An application for re-evaluation is strictly prohibited. If the Committee, on the recommendation of the Board of Examiners is of the opinion that a candidate is not sufficiently prepared for the examination, then they may prescribe a time limit within which the candidate shall not present oneself for the examination. After thorough scrutiny of the answer papers, the Board of Examiners submits them for approval from the Committee, and the Committee may in its discretion, moderate the results as it deems fit. After the Committee's approval, the Secretary of the Board notifies the results on the court's notice board. Every candidate who is declared to have passed the examinations shall receive a certificate under the hand of the Secretary. A few tips to crack the examination: Make writing a practice since each answer is marked for its precision and structure. Go through the past years' question papers. You can find them here: https://main.sci.gov.in/aor-exam The SC AOR Association (SCAORA) regularly organizes lectures by top lawyers among the best lawyers in India. Attend these to gain a perspective. You can find them here: http://scaoraindia.com/videos.aspx Network and try to get in touch with people who have cracked the examination. Visit your local libraries for commentaries, digests and other relevant materials. You can also visit sites such as SCC Online and Manupatra for e-resources. Check for free study materials or the best online courses in India offered by legal websites. Check out the list of most important books prescribed by the Committee on the recommendation of the Board of Examiners for the examination. Be thorough with the latest judgments. FACTS As per the Supreme Court’s Website, there are only 2500 AORs (approximately) as updated on 13/02/2021. Now, the biggest high court in India such as Madras HC are planning to launch the concept of AOR in High Court: for improvising the entire functioning if the courts. The Supreme Court Advicate on Record Association has been in existence since 1985 in order to promote the status of AORs and train them. With the ascent of President of India in 1965, the concept of AOR came to be formalised.

Bhavya Bhatt

Mar 01, 2021

Building a Career in Maritime Law - with Kingshuk Halder

The growth in the legal sector has broadened the areas where a law professional can work. Niche areas like Space Law, Air Law, Fashion Law, Food Law, Maritime law, etc., are becoming more popular. Kingshuk Halder has been a part of many prestigious educational institutions and a successful corporate lawyer. This interview with him aims to give you an idea of building a career in maritime law in India. The interview highlights his experience working in Deloitte, his experience as an LL.M student at one of the top private university in Gujarat, Gujarat Maritime University, and his job profile as a maritime lawyer. 1. Please tell us a bit about yourself. I am from Jamshedpur, Jharkhand, and I completed my graduation (B.A. LL.B) in 2016 from Kalinga Institute of Industrial Technology (KIIT) Bhubaneshwar, one of the top private university in Odisha. I specialized in business and corporate laws and got placed with Deloitte India, offices of the U.S. in Hyderabad, through campus recruitment. I worked there for three years. Despite liking the work there, I was always keen on Maritime Law. I appeared for CLAT P.G and got through Gujarat Maritime University (GMU). It was in its nascent stage back then. My batch was the first one-year Maritime Law LL.M batch at GMU. I also hold an executive MBA degree from IIM Calcutta, which I got through Deloitte. I resigned from Deloitte after deciding to pursue my Master's. I have also worked at GMS, Dubai, one of the most reputed maritime organizations globally. 2. What was your first job? How did you crack it? What was the experience like? When I learned about the Big Fours in my law school, I naturally aspired to work in one of them. When Deloitte, Top 10 Best Companies in India came to our University for campus recruitment, eighteen people participated in the selection process, and only four got selected, including me. The selection process comprised of two rounds of group discussions and three rounds of interviews. Each round was followed by elimination. Group discussion topics were not specifically legal. They were the kinds of topics one ought to know as a law student and a fresher. For example, one of the G.D. topics related to EU GDPR and Data Privacy concerns around Facebook. Data Privacy is a hot topic now. Back then, it wasn't. The last round of interview was with the Vice President of Deloitte India, Offices of the U.S. Experience at Deloitte I was a part of Deloitte's legal forensics and investigation team that worked on white-collar crime investigations. We worked closely with chartered accountants and checked documents for averting possible white-collar frauds. As a fresher, I was predisposed to a lot of training. There are mandatory training hours that everyone has to complete despite their position in the organization. They have regular courses on leadership, communications, and several other topics, offered by Harvard University, the oldest educational institution in the United States and other reputed institutions. I, too, took many courses, including the Executive MBA. Deloitte is one of the best places to work for a fresher. They treat their employees with great respect and care. They take a genuine interest in the learning curve of their employees. They have an alumni base for their ex-employees. They want to hear about how we are doing and attempt to help us despite us not being a part of the organization anymore. Deloitte believes in its employees' holistic development and treats them as a family, and hence it has been one of my best work experiences so far. 3. What exactly is Maritime Law, and why did you decide to quit your corporate job and pursue an LLM in Maritime Law? From a layman's perspective, 'Maritime' is beyond the shores, beneath and over the sea. Maritime Law governs international trade, shipping, or anything related to the sea. Maritime Law is not a new concept. Even when we did not have airplanes, we had ships and boats to transport things from one place to another. The shipping industry is ancient, and the laws of the same started developing about 500 years ago. Interested candidates should read more into the 'Lloyds of London' case to understand the origination and genesis of this concept. To summarize, Maritime Law governs international trade, shipping, or anything that relates to the sea. Maritime Law is further divided into public and private international law covered by United Nations conventions of Sea and International Court of Justice. While one part of Maritime Law deals with policies, the other aspect is the commercial one, which a maritime lawyer typically deals with. The major problem with shipping is the jurisdiction involved. There are instances where one consignment has to be shipped from one port to another. In this journey, there are around 4-5 ports, which entails many jurisdictions in between. If the consignment is damaged while shipping in the sea, who is to tell which jurisdiction the matter falls under? This is where we step in to eliminate loopholes and make internationally substantial contracts to avoid repercussions arising out of confusion in the jurisdiction. Reason for quitting the corporate job I had a fascination for the Indian Navy when I was a kid and even thought of pursuing a career on those lines. Even during my law studies, I followed the Indian Navy and its developments. I was surfing through the CLAT website to check for universities that accepted CLAT scores. This was when I saw the name of Gujarat Maritime University on the list. I was pleasantly surprised. I researched some more about the University and decided to go ahead with the LL.M in Maritime Law. In law school, I was of the impression that a corporate job gives you a sense of financial stability. Hence, I had stopped thinking of anything more until I stumbled upon this course. Soon, things fell into place, and accordingly, I decided to quit my corporate job. 4. Why Gujarat Maritime University for the LL.M? I could have gone to one of the top public universities in Singapore, the National University of Singapore or any university in the U.K or the west that offers the best courses on Maritime Law. However, I was thrilled when I came across the Government's vision for India's Maritime sector for 2030, involving port sector expansion and the Ministry's notifications for shipping. The fact that this was the only University in the country that provided this course, I could see the potential and the future growth of this University and this domain in India. The patriot in me could not let go of an opportunity like this. Hence, I decided to pursue my LL.M from GMU. Even when I was at the University, I was taught by naval captains, and the insights that I gained from their expertise were beyond my imagination. I got an opportunity to learn from the best! 5. What is the scope of Maritime Law in India and abroad for an Indian lawyer? What kind of earnings can one expect? Everything in the world can stop but not international trade. When we talk about scope, we need to know that even when industries were shut because of the Pandemic, shipping was still functioning to an extent. India had oil imports even when the whole country was on lockdown. That is how we got the fuel to run our vehicles all these months. Even in a global pandemic, while everything came to a halt, trade did not. When the trade doesn't stop, maritime doesn't either. India has many ports; Gujarat has 48 ports, Maharashtra, West Bengal, Chennai - all of these states form a necklace-shaped coastline. Each port is active, whether it is for domestic or international trade. When I talk about international trade, I would recommend that readers visit the Ministry of Trade and Commerce website and look at the trade deals that India signs every day. Minimum 70- 80% of the trade happens via sea and not air because of a low cost incurred than airfares for shipping consignments. Another thing to know is that not a single ship that enters or leaves the Indian border exists without insurance. This is where Marine Insurance comes into the picture. Another area and application of the law is the Law of Contract. For trade by sea, several contracts have to be drafted and signed. Maritime Law is not a 9 to 5 job. Due to the admiralty jurisdiction, emergency cases can arise in any country at any point in time, and the lawyer must be prepared. Maritime is not like any other field. What I mean by Admiralty Jurisdiction is that only the High Courts of coastal areas can entertain a maritime dispute. The High Courts themselves are the lowest courts for maritime disputes, with appeals going to the Supreme Court; district courts do not have a role to play here. The following High Courts in India have jurisdiction in maritime matters- Bombay Gujarat Kerala Karnataka Hyderabad Telangana Orissa Madras Calcutta Even though the court matters are litigation matters, 80-90% of them are covered by Arbitration. A significant reason for this is that often there are many stakeholders involved and many of the maritime law matters have to be dealt with on an urgent basis. Given the way litigation functions, waiting for court hearings can cause a lot more damage to the dispute than that has already ensued. We almost always have ADR clauses in our contracts as a standard. This has led to the growth of ADR, particularly Arbitration. The ambit of maritime law is not just confined to the sea, but everything around it as well. Whether it is in India or abroad, maritime lawyers are needed because trading through the sea will never cease. Earnings Concerning the earnings, it is essential to note that there is an international demand for maritime lawyers, and the exposure is also on a global level. Different jurisdictions are involved. Earning depends on one's caliber and how well one can leverage their skills and knowledge to this field of law. Sometimes, in Arbitration, when the dispute involves a few million dollars, and you charge a certain percentile of the amount, you may perhaps be able to buy yourself a mansion! However, that is not all. There is a lot of work here, and nothing is as merry as one might deem it to be. A maritime lawyer doesn't get to be a part of the voyages that ships make, as a few may think. Instead, we are there to aid the voyage. This profession pays well if you are consistent with updating your knowledge bank with international treaties and policies. Having done this, the sky is the limit to one's financial prosperity! 6. What kind of work can a Maritime Lawyer expect? Are there location constraints and travel requirements? Work One needs to understand that several sectors are involved in the maritime industry. The work depends on what field one has chosen. A few sectors to name are: Shipowning companies Insurance Protection and Indemnity (P&I) Clubs Law firms Ship recycling industry Charters of vessels All of these sectors work collectively in maritime, but their work profile differs. Law Firms deal with a lot of things altogether owing to the man force available. A maritime lawyer can expect insurance work if he's into insurance or examining indemnity if working under P&I Club; each piece of work has different merits. The lawyer needs to be thorough with his interest in maritime law, whether it is insurance, contracts, solving disputes under Private International Law, etc. However, this is not all. One has to know the ship, the exterior, and its interior, to understand a few cases that may arise due to dysfunction in the vessel. While legal knowledge is necessary, interest in the vessel and understanding its function and technicalities is also equally important. As maritime lawyers, we do not get a chance to work directly with Navy JAG officers, as a few may think. The Indian Navy has a different branch for lawyers working for them; we get in touch with them wherever there is a case that requires it. Otherwise, a maritime lawyer has nothing to do with any other sector but his own. Working conditions and travel requirement A maritime advocate or an arbitrator might have to travel internationally in case of a dispute; it depends on the fate of the case that the lawyer is handling. Furthermore, it is also essential to note that the lawyers involved in maritime law work offshore (office set-up) and do not live in ships. The permissions to enter vessels are governed by strict International Maritime Organization (IMO) standards. 7. What is your suggestion for students/professionals who want to pursue Maritime Law? Check where your interest lies. Maritime is something which is not very common. It will require your attention and time. Consider it only if your interest lies with respect to ships, sea, cargo damage, insurance, contracts, etc. One should be aware of international law, international treaties, etc. The jurisdiction in maritime law is global, and thus, an interested candidate should have a broad spectrum of knowledge and be open to expanding their interests. This is a nice domain to work in, and I can very well state that sea is the limit if one decides to pursue it in the long run.

Bhavya Bhatt

Feb 24, 2021

Technical Questions asked in Corporate Law Entry-Level Job Interviews

Aspiring for a corporate law role? Below is a collection of some technical questions that were asked of candidates in their entry-level corporate law role interviews. Topics covered include the Companies Act, general corporate processes, Insolvency and Bankruptcy code, MSMEs, Contracts. Please note that these top 30 technical questions are only meant to be used as guidance. We recommend that along with being thorough with the subject, in theory, you are also aware of the latest developments and key trends in the area. 1. What are the obligations of a director? 2. What kind of shares can be issued in a start up? 3. When should a company issue stock rather than debt to fund its operations? 4. Is the dividend paid on common stock, taxable to shareholders? 6. What are the legal risks of a merger? 7. What information do you evaluate before the company enters a business partnership with new vendors? 8. How would you explain a complex legal procedure to a client? 9. What is the difference between IFRS vs legal maintenance of capital? 10. What are the effects of money laundering regulations? 11. What steps can a company take to reduce the potential liability of its directors? 13. What indicators should be used on assessment of small and medium companies’ bankruptcies? 14. What happens in NCLT? 15. What are the fiduciary duties of a director? 16. What is the difference between representations, warrantees and covenants? 17. What are the different organization structures in India and how do they differ from each other? 18. How can top foreign companies build its presence in India? 19. What are the recent regulatory changes affecting corporations in India? 21. How should an AGM be held? Do all companies need to hold it? 22. How are the rights of minority shareholder protected? 23. What are the steps most innovative companies must take before making an initial public offer? When is the best time for a company to make an IPO? 24. What is the order of creditors in liquidation? 25. Tell us about a recent commercial deal that intrigued you. 27. What is the difference between marketplace model and inventory model in ecommerce? 28. What are Government Bonds? 29. How is dealing with a corporate client different from dealing with an individual? 30. What is your take on the recent Union Budget? For General Interview Questions and Top Interview Tips for Fresh Law Graduates, click here.

Content Team

Feb 05, 2021

LAMP Fellowship and Law School Journeys in India and the US - An Interview with Harsh Bajpai

Harsh Bajpai completed his undergrad degree in law in India, his Master's in the US, and is currently pursuing a Ph.D. in the UK. Talk about going places! But that's not what compelled us to speak with him. Harsh's experience is so varied that we wouldn't be out of line to call it adventurous even. From being a LAMP Fellow under Derek O Brian's guidance to working in the ECOSOC to now working around 'facial recognition,' if anything, Harsh's experience shows us that there are so many work areas research to be explored for a lawyer. In an interview with us, Harsh gives us details about his experience so far, emphasizing the LAMP fellowship. 1. Please tell us a bit about yourself. I am Harsh Bajpai; I am from Kanpur, Uttar Pradesh. I completed my Bachelor's from Symbiosis Law School Noida, one of the best law colleges in India and immediately after that, I did my Master's at George Washington University. I was working there as a short-term consultant in ECOSOC (Economic and Social Security Council). When I was in the US, I saw that many US nationals interned under judges or did fellowships under Congress members. I was fascinated by this. That was when I became aware of the LAMP (Legislative Assistant to Member of Parliament) fellowship. I applied for it, got accepted, and joined the same. I got the fellowship under Derek O Brian. I returned to India after my Master's to pursue this one-year-long fellowship. After this, I worked as a Policy Officer at the Center for Internet and Society New Delhi, one of the top research centres in New Delhi for nine months. I got my first permanent job at the Dialogue as a Program Manager, where I worked around Internet Governance and Cybersecurity. In 2019, I decided to pursue my Ph.D. from Durham Law School, owing to my previous workaround technology law. My Ph.D. offers to work around biometric technologies, including facial recognition and emotional AI, specifically in the Indian education sector. I am evaluating the meaning of 'Panopticon,' a concept developed by Michael Foucault, one of the most influential and controversial scholars of the post-World War II period in the Indian education context. 2. How was your law school experience in Washington? How was it different from your experience in India? In India, law school was a pleasant experience. I just happened to choose law because of my parents' advice since I did not want to pursue engineering or medicine. Law happened by chance for me, but I did have a lot of interest in Social Sciences at my school level. The transition from India to the US was very different, to be honest. I wouldn't say India was terrible, or Washington was very good, but it was really very different. I wasn't planning to do LL.M immediately after my Bachelor's, but I got a scholarship, and things just followed. The offer was tempting, considering the college and the city I would get to live in. I did my Master's in International Law, technology law being my optional subject. In the world’s best western countries, especially in America, they follow a 'Socratic' method of teaching. The Socratic method is where there are limits on the number of students who can sit in the class. Also, there were specific seats in every class where one could sit, and one wasn't allowed to change his/her seats for an entire semester. I had to go entirely prepared for the classes, which was not easy for me initially. In India, we are not usually told what we would study the next day, but this is not the US case. For example, if there are three classes the next day, you are expected to read 70 pages for each of the classes, meaning about 210 pages the night before. Although it seemed tedious initially, I now realize how much this has helped me. I am now habituated to reading, which is amazing for the profession that I am in. Some people who had been part of wars or were a part of the UN were studying with me or were a part of the teaching faculty, which was indeed a very enlightening experience! 3. Could you please tell us a bit about your LAMP fellowship experience and the procedure to apply for the same? LAMP stands for 'Legislative Assistant to a Member of Parliament.' It is a fellowship that offers youth a chance to expose themselves to law-making and public policy. LAMP fellows are mentored by a Member of Parliament (MP). They are expected to work full-time under the assigned MP from the Monsoon Session of the Parliament until the Budget session. The application process begins in January. E.g., for the 2021 intake, applications end on 17th January 2021. The applicant has to fill out a form detailing: 1) Demographic Information 2) Educational Information, 3) Work Experience (includes internships) & 4) Essay 1 - Why do you want to Join LAMP Fellowship, 5) Essay 2 - On any legal or policy-related issue. It is the first round of application in which applicants are selected for the interview round. During the interview process, applicants are generally expected to have detailed knowledge of his/her state's politics and general knowledge of Indian politics/Parliament. In furtherance of that, if you have a sound understanding of what you have written in Essay 1 and 2, better are your chances of selection. It is a highly competitive process in which importance is given to representation in terms of gender and the course stream from which you have graduated. An engineering graduate has an equal chance of getting selected as a philosophy or a law graduate. This fellowship is open for Indian candidates below 25 years of age and have a Bachelor's degree in any discipline. 4. What was your day like as a LAMP fellow? I was lucky enough to be part of the team under Derek O Brien. Initially, I was allotted another Trinamool Congress (TMC) MP - Nadimul Haque. Since Derek Sir is the Vice-President of TMC, I used to work from his office and report daily to both the MPs. If the Parliament is in session, the Fellow has to reach the MP's residence early for the morning briefing as sometimes your MP might be scheduled to speak that day or a vital Bill might be raised in that session. I personally promised myself that I would improve my knowledge of Economics (as I am a graduate of law), so I used to reach the office at 7 am and read newspapers (you might get served some tea and breakfast in the MP's residence too). By 9-9:30 am, other staff members start coming in. These staff members would assign us tasks on behalf of the MP. We must keep ourselves updated every morning with news (especially from Lok/Rajya Sabha TV). We have our morning briefing with the MP and then get on with watching the Parliament's proceedings, in person or from the MP's residence. The rest of the day is spent framing debates, zero-hour questions, research on policy discussions, etc. Training in these matters is provided to a fellow before joining the fellowship. After the Parliament proceedings, if the next day is expected to be hectic, an evening briefing takes place, and you might be piled with work just as you are about to leave! But then, there are only 3-4 Parliamentary sessions in a year, and this is what you joined the fellowship for! If the Parliament is not in session, the days are much more relaxed. It gives you time to learn the law, economics, or whatever you are interested in, as one or the other thing will help you later. E.g., economics helped me understand the budget session in greater depth. We also prepare questions for question hour for the next session, as we are expected to submit them before the session starts. There are certain visits to constituencies planned by PRS Legislative Research, a fellowship programme run by PRS Legislative Research. I went to Baramati, Sharad Pawar's constituency, and is now his daughter, Supriya Sule's. However, if an applicant wants to only work under specific top shot MPs, they should not apply for the fellowship, as there are several State MPs both in the Lok Sabha and the Rajya Sabha who are doing great work. PRS Legislative Research (Founder of LAMP Fellowship) selects an MP cohort based on their attendance, number of debates taken part in, number of questions asked, etc.; so, all the MPs are equally amazing to work with. 5. What's your intake from this fellowship? In the 26 years of my life, this is the most important and most beneficial experience I have had! Apart from just giving you an award of fellowship, it teaches you various things: Hard-work: I know it is a cliché term, but to work day in and day out and to see your debate pointers/questions, etc., being asked in the Parliament, is very rewarding. Awareness: I never read so many newspapers, never watched Rajya Sabha or Lok Sabha TV, or listened to parliamentary sessions. Just the wealth of information I aggregated through this experience was tremendous. Knowing how our democracy works or even getting closer to understanding how it works, whether the pitfalls or the high points, has helped me understand the society we live in better. Connections: From meeting such a fantastic cohort of fellows sharing food during training to learning politics, to the constituency visits, and finally to networking with PRS, MPs, and their staff, this has indeed been an enriching experience!

Bhavya Bhatt

Feb 02, 2021

General Interview Questions and Interview Tips for Fresh Law Graduates

Your very first job interview can be quite nerve-wracking. Who will be interviewing you? What designation do they hold in your prospective company/firm? Are they looking for good grades or are they looking for extracurriculars? What kind of questions will they ask? These are some of the things most of us worry about. While you may not be able to control all the most important factors that will affect your interview, you can still be prepared to a certain extent. Below are a few important tips and recommendations that could come in handy when you interview for a fresher role: It is always best to be thorough with the job description and the organization. You can find information about the organization through its official website or through social media pages. It will also help to know the background of a few people in similar roles, so that you have an idea of the skills that the recruiter is looking for. Employers generally consider candidates who haven't read up about the organization as "less interested". The importance of showing up on time cannot be understated. If you cannot show up on time for the interview, how can the organization trust you to show up for work on time? If you are delayed because of a good reason, make sure you keep the interviewers informed. Switch your phone off!! A buzzing phone in the middle of an interview might come across as unprofessional. Make sure you can back everything that you have claimed in your CV. When you do not have any experience, often the questions will be less technical or subject-specific, and more general. The interview will most likely be centered around the content of your CV. For example, if you claim you completed an internship at an IP law firm and assisted with registration of trade marks, you may be asked to explain the process. Much like anything else, you get better with job interviews over time, with experience. But even with interviews in the early stages of your career, you can expect a few standard questions. These questions mostly go to test the below: your personality and attitude, your suitability for the role, your suitability to the organization’s culture, your credibility and the authenticity of your CV, your interest and knowledge in the concerned subject(s), whether or not you will last in the company/firm, your interpersonal skills such as communication and presentation, your commercial awareness and acumen. Below are a few standard interview questions that are typically asked of a law student/ fresh law graduate. What made you choose law? Why did you come to a different city for pursuing law? Are you a first-generation lawyer? Have you applied to other firms? Questions about previous internship and what kind of work was done in previous internship The kind of research methodology that you would adopt if given a research task If a case law, notification or a circular is to be found, what is the best way of find it Your area of interest and if you have any prior experience in that area Questions related to the courses and certifications mentioned in your CV. Why do you want to join our firm/company? If you have expressly mentioned your area of interest, you may be asked about recent developments in that area What has been the most challenging situation you have faced as a law student? How did you handle it? Where do you see yourself in five years’ time? Are you willing to relocate for the role? Behavioral questions like, ‘tell me about a time when...’ or ‘give me an example of when...’. Here, you are expected to provide real-life examples of situations. These questions are mostly to test skills that are important for lawyers, such as negotiation, commercial awareness, time management, etc. A good way of preparing answers for behavioral questions is to take the ‘STAR’ approach. STAR stands for: Situation: First, provide details of your example. For example, ‘During my internship at ABC, there was a situation wherein ......’. Task: Next, describe the work or responsibility you were required to/ volunteered to execute in that situation. Action: Explain how you executed the responsibility/ addressed the situation through your action. Result: Describe the outcome that your action yielded. Use these questions as an opportunity to describe your whole story as best as you can, but in a focused manner. In their first interviews, most people make the mistake of talking too little, for the fear of being judged wrongly. Do not be afraid; the recruiter’s motive is to determine whether you will be a good fit for the role. When you remain silent, it becomes difficult for the recruiter to judge your fit, and the likelihood of you being rejected is only greater. Let your enthusiasm show! At the end of the day, your job in an interview is to sell yourself the best you can! Why should you be preferred over other candidates? What distinguishes you from others? How badly do you want the job? A little enthusiasm can go a long way!

Content Team

Jan 26, 2021

Building a Career in Arbitration - Insights from Adv Tariq Khan

There is no denying that with time, alternative dispute resolution methods have gained a lot of popularity. This is particularly so in the case of Arbitration. Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing Arbitration, the parties opt for a private dispute resolution procedure instead of going to court.[1] Advocate Tariq Khan gives us insights into Arbitration as a career path and the emerging trends in the sector: a highly educative read for Arbitration aspirants and law students who would like to learn more. 1. Please tell us a bit about yourself. I am a Principal Associate at Advani and Co. I deal in international and domestic arbitrations, MSME disputes, writs, commercial, employment, insolvency, and bankruptcy laws. I have handled arbitrations under SIAC (Singapore International Arbitration Centre) Rules, ICC (International Chamber of Commerce) Rules, DIAC (Delhi International Arbitration Centre) Rules, ICA (Indian Council of Arbitration) Rules, etc. I have also taught ADR as a guest faculty for the past six years in top-ranked law colleges in India including the Indian Law Institute (2016-2018), National Institute of Finance & Management (2020-present), Lloyd Law College (2018-Present), etc. I am frequently invited by bar associations of several districts and law colleges to deliver lectures on Arbitration. I have also written more than 50 articles on Arbitration, which have been published by various journals and popular legal news portals. I was recently recognized as the Youngest BW (Business World) “Legal 40 under 40”, 2020. 2. Was it in law school that you decided you want to pursue a career in Arbitration, or was it after passing out? How did you arrive at this decision? I did not choose Arbitration as a career; Arbitration chose me. If I’m totally honest, during my college, I did not have any idea about Arbitration as I had not studied Arbitration as a subject since it was not a part of our syllabus. During my final exams, I applied for a job at Advani and Co., the oldest law firm specializing in India's arbitration practice. Since then, I have been working closely with the firm's managing partner Mr. Hiroo Advani and Mr. Shashank Garg (Partner, Delhi office). I unintentionally started laying the groundwork for my career in Arbitration when I joined Advani & Co. However, this initial involvement motivated me to pursue a career in Arbitration. I must add that my approach was to learn as much as I could about International and Domestic Arbitration and to begin to network with those already practicing in the field of Arbitration. 3. What are your views on Arbitration in India? How has this domain changed in the past five years? Despite the existence of various arbitral institutions, institutional Arbitration in India remains in a nascent stage, which is evident from the fact that almost 90% of arbitrations in India are ad hoc. The main reasons for parties being reluctant in approaching these institutions are lack of awareness about the advantages of institutional Arbitration over ad hoc arbitration, outdated rules of procedures, and poor infrastructure. To ensure an efficient arbitral mechanism and see it grow substantially in the near future, young lawyers' appointment as arbitrators must be encouraged. The government has taken steps to make India the hub of International Arbitration. However, a larger issue has been missed, i.e., why India is languishing for decades and has not become an arbitration hub. In my view, the emphasis is put only on cities like Delhi and Mumbai, and that the concerns of other towns that need an arbitration culture and institutions are not addressed. We must also promote arbitration culture in Kanpur, Lucknow, Ahmedabad, Kolkata, Jaipur, etc. if we want to make India a hub of Arbitration. Additionally, we must also learn from the development of the best three arbitral institutions, i.e., ICC, SIAC, and LCIA, that have a huge number of cases, growth in revenue, etc. (e.g., SIAC's case filings have increased by over 300% in the last ten years). Therefore, arbitral institutions in India must adopt modern rules, make effective use of technology, and provide an organized structure of proceedings, excellent administrative support, and good infrastructure. Additionally, ease of doing business in India also needs to be facilitated to provide a solid base and ensure longevity. Not only will it make India the hub, but it also creates a dynamic arbitration culture. Stakeholders will also have an important role to play in shaping up the future of Arbitration in India. For instance, lawyers must understand that the practice of challenging every arbitral award must be discouraged, and the focus should not be on getting more work from one client by filing frivolous challenges to the award. Instead, we must focus on making Arbitration more effective, which will eventually generate more work as there will be more investment. 4. Did the fate of Arbitration change during the Pandemic? Did the number of arbitration matters increase post-COVID-19 Crisis? The COVID-19 Pandemic created a chaotic situation concerning timelines and schedules in arbitration matters all across the globe. Physical hearings have been taking place for a long time, and that’s why we are used to it. If you see Arbitration's journey and how it has progressed, it has been evolving from time to time. Suppose you compare how arbitration hearings were conducted fifteen years ago. In that case, there is a total paradigm shift depending on various exigencies, including the introduction of concepts like emergency arbitrations, fixed time period, arb-med-arb, med-arb, etc., for making arbitration mechanism more effective and suitable for parties. From that perspective, we must take virtual hearings as a development rather than seeing it as something that has been imposed on the parties. As far as the negative impacts are concerned, I feel that in many arbitrations where the record is voluminous, especially during cross-examination, the witness will have to be confronted with various documents. A physical hearing will be desirable. Other negative impacts can be that the arbitrator may not see the witness and the examiner's conduct during cross-examination the way it can be seen in a physical hearing. Further, many lawyers and arbitrators are not proficient in technology, making virtual hearings very inconvenient. Nevertheless, wherever possible, I feel virtual hearings will be more convenient and will make Arbitration a preferred dispute resolution method in India. 5. What are the emerging trends in Arbitration post the Pandemic that you are witnessing? This Pandemic has called for various changes, including conducting virtual hearings. To ensure resolution of disputes, certain proceedings were conducted using virtual mediums. However, there have been multiple issues in virtual hearings, especially in cases where evidence was being recorded. In a case, the parties refused to go ahead with cross-examination via video conferencing. In some cases, after the evidence was recorded, the counsel requested the tribunal to disregard the testimony as the cross-examination was not recorded properly. Even before the Pandemic came into existence, the need to adopt technological advancements was relevant and growing to save time and costs. Transcription services in arbitration hearings are very common in international arbitrations as it saves a lot of time. Since nobody was prepared for the Pandemic and nobody anticipated that virtual mediums would become the primary tool for conducting hearings, there is no robust virtual setup or proper guidelines for conducting such hearings. Technologies that ensure accuracy and help conduct face-to-face interactions between parties, witnesses and arbitrators, without malfunctions and setbacks, need to be developed. 6. In the upcoming years, do you think there is a chance of Arbitration becoming the most preferred mode of Dispute Resolution, even more than Litigation? Most definitely, yes! Fali S Nariman, one of India's most distinguished constitutional lawyers once quoted that “the future of arbitration is bright because the future of litigation is not.” Arbitration is increasing day by day as many fresh law graduates and even practicing lawyers are moving towards Arbitration. Party autonomy, flexibility, confidentiality, and time-bound resolution of disputes are the key reasons why Arbitration has already become the preferred mode of dispute resolution. In almost every commercial contract, we see Arbitration's dispute resolution, which shows that Arbitration has become a popular choice. Especially foreign investors who invest billions of dollars in our country and prefer that a dispute arises, it is resolved expeditiously. 7. How different is having a career in Arbitration from one in Litigation here in India? Litigation in India is more technical, complex, and revolves primarily around the law's procedural aspects. In contrast, Arbitration is very flexible, less technical, and strict rules of evidence and procedure do not apply. Unlike Litigation, where parties have very little role to play, Arbitration is pyramided on the concept of part autonomy, which means freedom of parties. Thus, parties decide how they want to resolve their dispute and who will resolve it. Therefore, a career in Arbitration is very different from having a career in Litigation. More indulgences may be given to a seasoned lawyer in a court of law since he would have command over the procedural laws. Contrary to that, in Arbitration, even a young lawyer can make a mark as it is not technical and depends substantially on a particular case's documents and merits. Arbitration is very convenient as the timing can be fixed according to availability, unlike protracted Litigation. A matter is taken upon its turn. It cannot be denied that Arbitration and Litigation go hand in hand as Arbitration from time to time has to approach the court for seeking interim reliefs, appointment, and challenge to the arbitrator, challenge to the award, enforcement, etc. Therefore, an arbitration practitioner will eventually have to practice in courts as well, even in relation to an arbitration matter. 8. What is your suggestion to law students/freshers who are seeking to make a career in Arbitration? The harder you work, the luckier you will get. There is no substitute for hard work. Believe in yourself and focus on possibilities rather than on limitations. During their internships, I believe law students should put in two hundred percent efforts in whatever task is assigned to them. These efforts will be acknowledged and appreciated and will eventually help in securing a position in the most prestigious law firms in India. Needless to say that smart work coupled with hard work is the ultimate combination. These days, young aspirants have so many opportunities to make a niche for themselves, including but not limited to writing articles on essential aspects of the law. If a student is interested in pursuing a career in Arbitration, he could actively participate in arbitration conferences associated with groups like Young ICCA, ICC YAF, YSIAC, etc. Attending these conferences and joining such groups help not only in gaining practical knowledge and technicalities but also help in building connections. Additionally, participate in the best Moot Court Competitions involving your area of interest, attend conferences and events (either as a participant or volunteer), join diploma or online courses in specialized subjects, read important judgments and articles which will keep you updated. [1] https://www.wipo.int/amc/en/arbitration/what-is-arb.html

Content Team

Jan 10, 2021

New LL.M Rules by BCI - What does the legal fraternity think?

A Master of Laws (LL.M, Legum Magister) is considered an advanced, post-graduate academic degree. It is usually pursued by those who hold an undergraduate degree in law or in subjects related to the LLM being applied for. While the LL.B (Legum Bachelors or Bachelor's of Law) is enough for an individual to practice law in India, many people pursue LL.M degrees, for various reasons, such as, to develop a career in academia or research, or to gain further specialized knowledge in a given area of law, etc. Traditionally, any master’s program in India takes around two years to complete. Even LL.M, before 2013, had courses that went on for two years, divided into four semesters. However, in January 2013, the UGC introduced LL.M courses of one-year duration, just like in many other countries such as the UK and the USA. While it was a relief for students to have saved one year while studying LL.M, the Bar Council of India (BCI) has decided to change this system going forward. What does the BCI say? The new Bar Council of India Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical, and other Continuing Education) Rules, 2020 state that BCI, as a body now shall regulate Post Graduate and Other Higher Education in Law, since legal education has been excluded from being regulated by the National Higher Education Regulatory Council (NHERC) and the Higher Education Commission of India (HECI), after the incoming of the New Education Policy (NEP) 2020. It states that on the advice of the Legal Education Committee (LEC), the BCI shall appoint a Special Sub-Committee for implementing these Regulations under the BCI and the LEC’s overall control. There are a few crucial points about LL.M in these Rules. They are : Chapter II states that the Entry Level Qualification for LL.M has to be either three-year or the five-year LL.B. BCI has made it clear that the post-graduate course in law, leading to a master’s degree (LL.M), has to be of two years’ duration spreading over four semesters. This further establishes that the LL.M one year, which was introduced in 2013 (as per the UGC notification), will remain operative only for the current academic year. LL.M course is only restricted to law graduates. Any other master's degree specializing in a particular area of law where the pre-requisite is not an undergraduate in law will not be considered an LL.M. BCI has brought forward the concept of a Post Graduate Common Entrance Test in Law (PGCETL) and has stated that it may conduct this test for admission in masters degree course in law in all universities. Once it gets implemented, students shall be admitted based on the merit list subject to rules of classification and reservation in the state concerned. LL.M degree obtained from any foreign university is not equivalent to Indian LL.M degree. However, one year LL.M degree obtained after an equivalent LL.B degree from any ‘highly accredited’ Foreign University may entitle the person concerned to be appointed as a visiting professor in an Indian University for at least 1 year. When this 1 year of teaching experience as a visiting professor is completed, the Foreign University LL.M Degree may be considered equivalent. What do legal professionals think? We decided to ask a few legal professionals about their opinions on these new LL.M Rules by the BCI, and here is what they have to say – Abhinav Barthwal, present (1yr) LL.M candidate – University of Buckingham, one amongst the oldest private universities in England "The BCI is well empowered to introduce the changes as it is now the sole regulator of legal education at all levels after the NEP 2020. However, these powers should have been exercised after due consultation with the authorities and students. This notification, which prima facie appears to be drafted in haste, has completely perplexed the students and academicians alike. This decision does not fall in line with the Indian education sector's aspiration to be on par with globally reputed educational regimes that offer high-quality education within a year. Does prolonging the duration guarantee an enhancement in the quality of education imparted? What it is surely going to do is to dissuade law students from pursuing the LLM. Personally, I would not have opted for a degree of Master’s in Law had the duration been two years. But luckily, it was only one year in my case. The BCI should reconsider and take this decision back in light of its practical implications. If this is not done, the BCI should alleviate the fears of LL.M aspirants by clarifying how the increased duration of the course is going to help them secure a place of themselves in this highly competitive market and these uncertain times." Saransh Chaturvedi, present (2yr) LL.M Candidate – Indian Institute of Technology Kharagpur, one of the top premier institutes in India "I feel that LL.M is not just a degree for academia but also for others who want to strengthen their understanding of subjects. Now there are two angles from which I see these Rules about LLM. The first one is from Employment, and the second is research. From the employment perspective, I do not welcome this move. The reason being I, an LL.M graduate who prefers not to go into academia, will also stand on the same level as that of a 5-year LLB grad in a company. We'll be getting paid on similar lines, so I don't see the need for a 2-year LL.M just for me to get a job because not everyone will go into academia. From the research point, I can understand why BCI must have thought about imposing 2-year LL.M. The thing is, when you do a 2-year LL.M, you have an entire last two semesters to work on your thesis. It means more work around the research. A 2-year LL.M will surely help an individual have better research skills that a 1-year LL.M student might not have, owing to the dearth of time. But do I support Rule 6[1], if you may think? No. Scrapping off is not certainly an option because I think one should at least get a say in what they want to study. I had the option between 1- year and 2-year LL.M because I wanted to strengthen my research, and I chose the latter, but I feel BCI shouldn't take this privilege away from students." Kingshuk Halder, an Ex-Deloitte and a fresher (1 year) LL.M graduate in Maritime Laws from Gujarat Maritime University, one of the top maritime colleges in India. "I have studied Maritime Laws in my Master's, which was only for 1 year. I have to say that the things I learned here in just a span of 1 year have changed me as a professional. I don't see the point of increasing two more semesters when it is possible for us to learn everything concisely in just two semesters. For those who think you need to spend more time in a course like LL.M, that's not true. Maritime Laws doesn't have a 2-year master's course yet, and I feel it's unnecessary. If I had the chance of choosing the 2-year LL.M or 1-year LL.M in maritime laws, I'd still go for one despite the availability, because after studying Law for five years, I think I'd like to save some time while I pursued my Master's. When the whole of the western world is progressing, I don't see the point of 4-semester, 2-year LL.M because it doesn't make sense at this point." Ansh Singh Luthra holds an LL.M from the University of Cambridge, one of the top public universities in Cambridge presently an advocate at the High Court of Delhi. "I think that a lot of thought needs to go into these rules. For instance, why would an advocate want to incorporate his credit points on his business card (referring to Rule 17 where BCI may run a Continuing Education). My client would focus on whether I can get him relief or not; he wouldn't care much about my credit points. I do welcome the thought behind continuing legal education, but the rules must be re-worked to make them practical. Getting to the LL.M rules, right now, there is no date from when 1-year LL.M would be scrapped. However, I don't welcome the move to change the LLM program's duration from one to two years. There is no statistical or empirical analysis on the basis of which they've introduced this new 2- year LLM program. What is the practical benefit of this Rule? Will the students get better placements on graduation? Will they have a higher intellect if they study for two years instead of one? It is still very ambiguous and unstructured. It's essential that stakeholders are consulted and the rules re-worked to make them more practical and implementable. Only time will tell us how these rules pan out." Chhaya Bharadwaj holds an LL.M in Environmental Law from Vermont Law School and is currently a Lecturer at Jindal Global Law School. "When I read the notification, I thought the objective of this was to make the quality of education better, but I don't see how increasing the number of semesters would improve the quality of education. Because if we go by that logic, then a 5-year LL.B degree would hold a superior position than that of a 3-year LL.B, but that is also not the case. Secondly, during the Pandemic, Universities and regulators worldwide are working towards making education accessible and more effortless. This regulation may make it difficult for universities and students to transition from two semesters to four semesters. Thirdly, given LL.M. is the first degree to a research/academic career, the regulators could build a curriculum and its implementation to develop research and teaching skills within that one year. The regulation seems to discriminate amongst the foreign 1- year LLM degree holders and Indian 2-year LLM degree holders. If this regulation's impact is the acceptance of both degrees, it might make more sense to allow 1- year LL.M. in India and add another year of teaching as mandatory." Jayant Bhatt holds an LL.M from NUS, Singapore, and an LL.M from NYU School of Law, presently a practicing advocate in Delhi. "There has to be some data collection which has influenced BCI's decision to scrap the 1-year LL.M, but to my knowledge, nothing of that sort is available on the public domain, so I don't understand why they need to go back to 2-year when 1-year LL.M was doing perfectly fine in the country. The cons over here would be an extreme financial burden on students, their parents to finance two more semesters, and in this Pandemic, it is a challenge. I also don't see how the extension of two more semesters will turn out on the students' job front. I am certain that no one can guarantee placement after two years because even 1-year LL.M graduates are seen struggling, so why this? Also, how is mandating two more semesters going to contribute to a student's intellect? We live in an age where we need to reduce time in academics and spend more time on practicality. I understand that this move might focus on a detailed and in-depth study of the discipline, and there is more likely to be a better student-teacher ratio, but wholly, taking away the 1-year LL.M is making no sense to me." Divya Swamy holds an LL.M in Competition Law and Market Regulations, from NLU, Delhi, and is presently pursuing her PhD from RMLNLU, Lucknow "I believe that the 1-year LL.M was a very smart step to take specially because in most foreign universities, Master’s is a 10 month degree. This way, there was a parity with the rest of the world. However, there are a bunch of other factors that need consideration especially since Masters degrees are meant for research and higher jurisprudential understanding. Firstly, I don’t think the 5+2 or 5+1 system in itself is the ideal way to proceed. The 2 year period for Masters is necessary to encourage good research but a total of Six years of education to pursue law is sufficient. The idea should be to avoid brain drain of bright legal minds. So maybe, if they’re looking for an overhaul, then a 4+2 would be more effective or else some modifications to ensure that the 5 year bachelors degree also incorporates good research. Personally, while pursuing a 1-year LL.M., I felt that the pressure to write a good dissertation while not compromising on the quality of my research and writing, was very high. So, while I do agree with the extension of 1-year LL.M but it makes sense if we look at the number of training years in an integrated manner, or else we might end up losing a lot of bright minds to the foreign markets. Secondly, I believe the BCI should give some time for the transition to happen, like around 3-4 years, so even colleges and universities can accordingly make changes in their curriculum. Keeping in view the pandemic and the fact that graduating batches are already coping with employment concerns, it is not the best time to bring about these rules." Abhijit Nair holds an LL.M from GNLU, Gandhinagar and is presently an Assistant Professor at Presidency University, one of the top-ranked universities in Bengaluru. He is also a PhD candidate at NLSIU, Bangalore. "As someone who did my LL.M a couple of years ago and who has been in legal research and academics for more than two years now, I am not surprised that this has happened. The 1-year LL.M was introduced to prevent brain drain and to prevent people from going abroad to pursue Master’s. Still, the thing is, people are any which way pursuing LL.M from abroad and looking for opportunities abroad after 1-year LL.M, so why compromise on the integrity of the research and the degree? The reason I am saying this is because you have around nine papers and one dissertation in an LL.M, and honestly, there is very little time to concentrate on your dissertation, something that the 2-year LL.M takes care of! I am glad that I got to pursue the 1-year LL.M, three years after I graduated. The LL.M enabled me to get into teaching very quickly. However, with M.Phil being taken down, LL.M now has become a stepping stone research degree. So now, the 2-year LL.M makes perfect sense because there is no intermediate research degree between your LL.M and Ph.D. Hence, the LL.M must form a foundation of the Ph.D., which can only be achieved by investing more time in Master’s. Come to think of it, every other Master's course in India is for two years, so a 2-year LL.M is not new! You are supposed to be an expert, you are supposed to specialize, and I think this is where this Rule falls into place." Summary These are the points we can take away from all the information at hand: 1. BCI has not produced any empirical or statistical data based on which these Rules are being introduced. 2. There is a mixed reaction to these changes, however, based only on the above opinions taken at random and from persons with varied career paths, majority seem not to be in favour of abolishing the 1-year LL.M programme.[2] 3. The fact that the pre-requisite degree to LL.M itself spans over 5 years (integrated course) or 6 years (non-integrated), is also something that has been raised as a fact to be considered, in determining the duration of law studies. CLAT PG Papers: https://drive.google.com/drive/folders/1qx2W-G5ozt_RlmDNfJtEXPPCWEa_MZ0b?usp=sharing CLAT UG Papers: https://drive.google.com/drive/folders/1tMutyQog32QpOui24z2eT1S_eQNCMikQ?usp=sharing [1] Rule 6: One year Master Degree to be abolished. A Master Degree Program in Law of one year duration introduced in India in 2013(as per notification) by the University Grants Commission shall remain operative and valid until the Academic Session in which these Regulations are notified and implemented but not thereafter at any University throughout the country. [2] We started a small poll on Linkedin, which seems to be tilting in the same direction. Follow the poll here.

Bhavya Bhatt

Jan 10, 2021

10 Commandments of Law CV Writing: Cracking the ATS (Application Tracking System) and getting shortlisted

Applied for hundreds of top law jobs but haven’t received even a single call for interview? On average, each corporate job offer attracts 250 resumes[1]. Do you think in all cases, employers religiously go through every single resume they receive and identify individuals that are a good fit? Of course not! According to various researches , recruiters skim resumes for an average of 6-7 seconds. In a majority of cases, employers are assisted by something called an ATS or Application Tracking System. What is an ATS (Applicant Tracking System)? An ATS is a system designed to help employers/recruiters with filtering job applicants based on criteria such as skills, years of experience, education, location, etc. To simplify it further, let’s assume John Smith has advertised for a ‘legal associate’ job in his company and he requires someone with at least 2 years of experience. He receives 500 applications for this job. Now imagine how much time it would take for him to go through each and every CV he receives? At a certain point, he may even lose his patience and stop at the 20th CV though his ‘perfect fit’ may have been the 499th applicant! An ATS pulls out data relating to details of applicants either from their CVs or from profile information at the time of submitting their applications. It then enables the employer/recruiter to filter CVs based on this data alone. Had John Smith used an ATS, he could have easily filtered out applications that were certainly not a good fit, such as ones with less than 2 years of experience. LegalBots.in has its own built-in ATS that assist with filtering law resumes based on details such as years of experience, highest level of education, current position of the applicants, etc. Facts: Applicant Tracking Systems (ATS), or 'Resume Robots' as they are disparagingly called, now reject up to 75% of CVs before they even get to a human. HRs in many reputed organisations may or may not have the domain knowledge with respect to the department for which they are hiring. And where they do not have the domain knowledge, naturally they just scan for "keywords" in the CV that match the job description, in order to shortlist applications. Recruiters spend an average of 6 to 7 seconds scanning through CVs to shortlist them. Only if you beat the above two, you stand a chance to prove your technical fit for the job. Hurdles between you and a job vacancy: First Hurdle: Clearing ATS (Application Tracking System) and not having the CV rejected Second Hurdle: HR/Recruiter Third Hurdle: Phone interview Fourth Hurdle: Technical Interview Hurdle 1: ATS and the CV In this article, we will concentrate only on clearing the first hurdle: the ATS and your CV. The 10 Commandments of Law CV Writing 1. Do not user header, footer feature in MS Word. A common mistake is that candidates embed their contact details within the header, footer section of the document. ATS systems routinely do not pick this up. Headers and footers do more harm than good. 2. Avoid fancy templates. If you want the ATS systems to read your CV properly, avoid fancy templates, such as those containing infographics. More often than not, these will not be picked up! 3. Stick to standard file formats. Filetype: Doc, Docx or PDF should be relied on. Avoid all other formats. 4. Avoid using images, graphics in the CV. A lot of people like placing colourful logos of various companies and certifications. This just occupies space, increases the size of your CV file size. Most of all, this is unreadable. Avoid! Also avoid putting your passport size photo. Thumb rule: Keep the CV in plain text as much as possible. 5. Keep your headings simple and to “known” words Do not be tempted to showcase your vocabulary in the headings/subheadings in the CV. Do not rename "Work Experience" with "Career Progression", for example, just to sound fancy. This could be the reason your CV doesn't get picked up at all. Tip: Essential Headers to include in reverse chronological order: Work Experience, Education, Qualifications or Certifications Key Skills 6. Avoid using features like tables, symbols and graphics. Many people are tempted to put their education details in the form of tables. Though it may be more presentable and easier to read, it may or may not be picked up by the ATS. 7. Avoid abbreviations and short forms. Example: Do not use "POSH" for "Prevention of Sexual Harassment" or "PA" for "Personal Assistant". While some standard abbreviations such as CRPC, IPC may get picked up, most do not make it. Tip: If you use abbreviations, make sure you expand it in brackets. Example: POSH (Prevention of Sexual Harassment) 8. Avoid spelling mistakes or grammatical mistakes. Such mistakes, particularly in law resumes, are CV KILLERS! How do you expect to draft and proofread complicated and lengthy contracts, if you cannot ensure your CV or cover letter is free of such issues? 9. Genuity Be genuine: A little hyperbole may be acceptable, but claiming to be a CEO of two budding start-ups even before graduating from college? Make sure you can really back such claims! Meaningless entries: Meaningless internships, irrelevant experiences, hobbies etc, could damage the perception. An example of a meaningless internship: internships or experience from blogs run by students themselves. Your CV/Resume should match your online digital profile. For example, if your CV doesn't match Linkedin, there may be questions. As tempting as it may be, particularly when you are desperate to get your first break-through in a world that is obsessed with ‘experience’, do not put false data in your CV. A lot of employers are well connected and resort to "phone a friend" to check you out. So be genuine about the role you played, the projects you handled etc. A little hyperbole is forgiven. However, if you exceed it, there is no going back. Avoid cheap attempts to gain attention. For example, law students should be wary of lodging frivolous PILs. Experienced lawyers loathe this and some of them have openly criticised this behaviour. An actual quote on twitter: "I hope these students add this achievement to their CVs so that we can recognise them". Good PILs could add value. Politically motivated and frivolous ones could destroy your bridges. 10. Customize your law resume for the role you are applying to! a. It is all about the keywords in the first couple of stages! This 10th commandment is extremely important.A lot of us make this grave mistake of "broadcasting" the same CV to multiple jobs. With the advent of APPS, it does make it a lot easier to just save your CV and shoot, shoot and shoot! The problem with this approach is, you might make an impact now and then, but will fail to get selected most of the time. b. Keywords, Keywords, Keywords: Your CV should hit the right keywords to get through the first two hurdles. If you take the scattergun approach, you are likely to miss out those crucial keywords in the CV which the ATS or the recruiter is looking for. Hence, always customize your CV to the job description and then apply. Watch this space for more on clearing the rest of the hurdles! [1] https://zety.com/blog/hr-statistics#resume-statistics

Superadmin

Dec 29, 2020

Making a transition from Corporate Law to Litigation - an interview with Firoz Berly

We have time and again heard our seniors in the profession tell us about how we must be careful when choosing our areas of specialisation and how making a transition at a later stage might be a challenge. We have also heard a lot about how a corporate job is very different from that of litigation. No matter how many years of experience you may have as a corporate lawyer, if you want to start over in litigation, you may have to start from scratch. For those of you looking for a change and wanting to take the leap, here is our conversation with Adv. Firoz Berly, ex- Ernst and Young GDS, who tells us how he made a sucessful transition from corporate law to litigation. Please give us an introduction about yourself. My name is Firoz Berly, I graduated from the National University of Advanced Legal Studies, the first National Law University of Kerala in 2016 and started working with Thomson Reuters LMS as a contract drafting attorney, through our campus placement program. TRLMS was later acquired by Ernst and Young GDS and shortly after that transition, I left my role, at the Assistant Manager level. Was there a particular reason that you chose to study law? The conventional education system that I had at that time prioritized the moulding of students into engineers and doctors. It worked against me and I ended up doing badly in school. However, I had a great aptitude for reading and consuming information. After I left school, my family and I were a bit confused on how to further my education and during that time one of my dad’s friends recommended that I take up law since I read a lot. And that’s how I chose law! Was getting your first job, your actual preferred job when you passed out of law school? I honestly didn’t have a preference for the job that I wanted to take up. But I think deep down, I knew the skillset that I wanted to gain. I wanted to write and speak well, so that I could clearly articulate my thoughts to the people around me. Because I believe that being able to clearly communicate with the community that you are in, helps translate certain things into action, for everyone’s benefit. So I took up the first job that would help me inculcate those habits that would get me to that skillset. What made you switch from corporate to litigation? Within two years of my life in corporate, I gained a certain amount of knowledge which greatly changed my perception. Firstly, I realized that I was spending 10 hours a day (on an average) and using my intellect and energy, to help a profit-making entity gain more profits. I mean, sure, I was getting adequately paid for the job but it felt futile. Because after those 10 hours, I would use that money to reward myself with experiences that demanded the use of my salary. It ended up feeling like a vicious and unhealthy cycle to put myself in and I clearly wasn’t saving enough. After a point, I realized that it made more sense to make those 10 hours of work a reward in itself and for that, I needed a job (a) where I could be independent (b) where I could be of better service to the people around me (c) where my value increases even after reaching the average retirement age and (d) which was flexible. The second realization that I had, which is more personal, came during the CAA protests, the most prominent protests against the Citizenship (Amendment) Act in India that were happening across the country. I come from a community of Muslims and during that period I could see and feel fear, anger and discomfort gripping across young people from that community. It was clear that all of those emotions stemmed from a sense of helplessnes. That was when I realised, when the secular and welfare state that we grew up in, slowly shows signs of turning into an majoritarian and authoritarian state, we needed to have a better understanding of the law, especially, the criminal justice system. Because when you become a part of a community that is discriminated or marginalized, the law is the last line of defense before you end up becoming subservient or even, violent. It was these two realizations, that made me take up litigation. To become an independent individual, who could set his own terms and who had the necessary tools in hand to deal with the issues that he foresaw. Like the great writer and ethnobotanist, Terrence Mckenna said “A man without a plan, becomes a part of another man’s plan”. Where do you work now and how did you get this role? I now work at one of the top Law Firms in Thiruvananthapuram, Dileep Sathyan & Associates in Trivandrum. I spoke to a few people in my batch who were doing litigation. I told them about my interests. One of their relatives connected me to his office. How easy was the switch? To be honest, I panicked on my first day of litigation because it felt extremely different from the environment that I was in for the past 3 years. But within the first month I realized that both the roles were oddly similar - you are still interpreting the law, you are still dealing with clients and instead of arguing with other lawyers for your clients you are now in one way, arguing with judges. The only aspect that does feel difficult during the switch is the payout. You have to really grind and be patient to start getting that money in your hands, either from your client or from your senior advocate. For anyone, who is planning to make a switch, I would only ask them to consider one thing, i.e. whether they have the option to “leverage their privelege” and what I really mean is that, “Will your family be able to provide you money for shelter, food, clothes and transport for a period of 2-3 years?” Taking that into consideration, makes the switch easier. Do you need different skills to pursue litigation, as compared to corporate? Nothing. Only interest. Everyone learns on the go. Corporate Job is said to be a 9 to 5 job. Litigation has no such timing, and it is full time. Is this true? How did you manage to cope up with this dynamic change in timing, and what do you prefer? I think the very assumption that corporate is a 9 to 5 job is wrong. Atleast in the legal field, it’s not. As lawyers, the amount of time that you need to invest to help your clients is immense, just like doctors. The only difference is in the amount of mandated leaves that corporate provides for its employees. You don’t have that benefit while working in the litigation field. You do have court holidays, but you might end up working then too. So the change in timing didn’t feel that dynamic. However, I had to realign expectations with my loved ones. I had to make them understand that my timings would be a bit more unpredictable than it was in corporate and that I can’t take leaves as easily as I could before. Even though there is the grind and work timings are unpredictable, I still prefer the litigation field because I know that the time that I am investing now will adequately reward me later, in terms of flexibility and payout. And for anyone who does have more questions on these kind of transitions, feel free to write to me at [email protected]!

Superadmin

Dec 23, 2020

Sample Cover Letter for Judicial Internship

Respected Sir/ Madam, I am a third year BA.LL.B student at one of the top 10 universities in India, the University of XYZ, and I am writing to apply for an internship at the Office of Hon'ble Justice ABC, for the period of May, 2020. I am eager to gain experience in the field of Law and Jurisprudence, while contributing my knowledge and skills to the best of my ability. I have done a number of top internship in India, the latest being under Senior Advocate LMN, where I worked extensively on civil litigation matters involving breach of contracts, divorce, etc. I have enclosed my CV along with my academic records. As reflected in the records, I am an above-average performer, having earned two prestigious gold medals in my previous semesters for two of my electives. Additionally, I was a quarter finalist in XYZ Moot and have authored three papers on top-ranked programs i.e. Constitutional Law, and allied themes, out of which two are published in reputed journals. I am sure that interning under the guidance of Justice LMN will allow me to explore civil matters in depth while being exposed to wide veriety of cases and research work. It will also give me an invaluable opportunity to observe how top courts in India operate. In addition to my resume and grade report, I have enclosed a letter of recommendation from Professor PQR. If you wish to contact me for an interview or have any questions, you can reach me on the details given below. Thank you for your consideration. I look forward to hearing from you soon. Sincerely, John Smith 3rd year, BA.LLB, University of XYZ Ph No. 44444444

Superadmin

Dec 23, 2020

Sample Cover Letter for NGO Internship

Dear Sir/Madam I am a first-year year student at one of the top 10 law schools in West Bengal, XYZ Law School Kolkata. I am seeking an opportunity to intern at MNO Trust, one of the best trust in India in the month of December this year. I am thrilled to have started my legal studies and am eager to learn more through internship experiences. As a first-year law student, I have already completed Sociology, Economics, Statistics and Political Science. I believe that an internship at MNO Trust would be a great place for me to gain practical exposure and apply these subjects to practice. I would love to have the opportunity to extend a helping hand in fulfilling MNO Trust’s purpose, which I understand is to make law and justice accessible to every individual irrespective of his or her economic or social status. In light of the recent Hathras case, I could not be more in agreement with the Trust’s objectives. As much as we would like to believe that we are all equal in the eyes of the law, the reality on ground is evidently different. As law students and aspiring lawyers in Future, I believe we must do everything in our capacity to make law and justice more inclusive and accessible to all sections of the society. I am currently also an active contributor at example.com, the object of which is to simplify complicated, jargon-ridden legislations into blogs and video content that can be easily understood by laymen. Though my knowledge of law is limited at this point, I hope to learn more by interning at MNO Trust, while contributing to the best of my ability. I would be happy to travel and meet people, create reports, etc. as necessary for the fulfilment of my responsibilities as an intern. I hope that on consideration of my CV attached here, you will be persuaded of my potential to perform well and make a real contribution as an intern. I will be available to attend an interview any time this month and am reachable on +91 8444444444. I look forward to hearing from you soon. Yours faithfully John Smith

Superadmin

Dec 22, 2020

Sample Cover Letters for Law Firm Internships

Sample Cover Letter 1 – Criminal Litigation Dear Ma’am I am John Smith, a third-year BA.LLB student from ABC University Delhi, one of the top-ranked law colleges in India. I learned of the legal internship programme your firm offers to the best law students from the Placement Cell at my University and am writing to apply. My overall grade point average is 8.9, making me a top 10 per cent of the class in my class. I am keen on pursuing a career in criminal litigation when I graduate from law school. My previous internships comprising criminal litigation have honed my drafting, legal research, communication and writing skills. As part of my internships, I have conducted in-depth legal research, analyzed client information, prepared synopses for briefing associates, observed and participated in client meetings and trials. My past experiences have predisposed me to criminal matters, and hence, am seeking an opportunity to intern at you firm. I am capable of effectively communicating with district and best high court lawyers, judges, police officials, and clients to establish collaborative working relationships. I believe the knowledge and experience that I would gain at your firm would be beneficial for my academic and professional growth. I understand your firm prefers only top students apply for the internship and I believe I would be an excellent fit. I have attached my CV here for your perusal. Thank you for your consideration. I look forward to hearing from you. Yours faithfully John Smith 3rd year, BA.LLB, ABC University Ph No. 98853485234 Sample Cover Letter 2 – IPR Dear Sir I am John Smith, a 4th year student pursuing B.A.LLB (Hons.) at XYZ Law University. In pursuance of additional professional exposure in the field of Intellectual Property Rights, I am applying for an internship at your firm. I first became interested in IPR when I participated in ABC Moot Court Competition as a researcher in my second year at law school. Subsequently, I pursued a certification course in IPR, scoring distinction. As part of the academic programme for the 3rd year, I have also studied IPR at law school, scoring 65% in the semester-end examination. I intend to specialise in this field after graduation. I am eager to gain hands-on experience and learn what it is like to actually work in an IPR firm. I believe, an internship with your firm would be a great place for me to start acquiring practical work experience. As an intern at your firm, I will make sincere contributions to work involving patents, trademarks, copyrights and much more. I have attached my CV here for your consideration. I am reachable on this +916666666 if you would like to schedule an interview. Yours faithfully John Smith +916666666 Sample Cover Letter 3 – Corporate Law Dear Sir I am applying for the internship opportunity in the Legal Division of your company that you advertised on LegalBots.in. I understand that you are looking for a candidate who is familiar with the responsibilities associated with the role being offered and can perform it confidently. I am certain that I have the necessary skills and the approach to execute the job adeptly and perform above expectations. I am currently in the final year of my 5-year law programme at XYZ Law School. I have been quite consistent in academics as well as internships. In the past four academic years at law school, I have completed eight internships, each of which has exposed me to different domains of law such as Civil Litigation, Corporate Law and IPR. I had the privilege of working for ABC Partners in their Corporate Law team at New Delhi, India in December 2019. This opportunity has enabled me to gain some knowledge and experience in relation to corporate litigation, drafting and research. I intend to pursue a career in general Commercial Law and Corporate Law. I am currently pursuing a certificate course in Contract Drafting from EFG Academy. I also have a diploma in Mergers and Acquisitions from XYZ Law School. Apart from these, I have also been actively contributing articles to the MNO Corporate Law Journal. Some of my published articles are available on the following link: https/ link/abc Hoping that you will find me a good fit for this role, I have attached my CV here for your perusal. Please contact me on +91 XXXXXXXXXX or via email at [email protected] to arrange for an interview. Sincerely John Smith 5th year, B.A.LLB, XYZ Law School +91 5666666666

Superadmin

Dec 22, 2020

How to Write a Cover Letter for a Law Internship

There is a bunch of things that a great law student might have to do to land their dream internships. From finding out the internship application procedure to identifying the right contact person and contact details, and drafting the internship application letter, the process needs time and effort. While different organisations have different application procedures and criteria, many of them look for cover letters. First some statistics 77% of recruiters give preference to candidates who submit a cover letter. 72% of recruiters expect cover letters, even if they are "optional". 74% of recruiters claim they read the cover letter when it is provided. 48% of hiring managers will dump a cover letter that is not customized. 49% will toss out a cover letter with spelling errors. 64% of the time: A cover letter is required for jobs with a direct application process (by email for example). 61% of the time: For vacancies advertised via automated online tools such as legalbots.in. 13% of the time: This the percentage of recruiters who might process your application without a cover letter, when it was requested for explicitly. Why write a cover letter in the first place? Surely a CV covering information about all educational qualifications, experiences and achievements of a candidate should be enough to impress a recruiter into giving him or her an internship opportunity, right? While this may be the only requirement with many prominent recruiters, for those looking for a cover letter, there is no escape. In any case, attaching a well drafted cover letter along with the CV could help a candidate gain an advantage over those who have not provided cover letters or have done a poor job of it. A CV is usually kept short using prim and proper words, within a template either created by the candidate (watch this space for more on CV templates!) or in a template recommended by the job/internship provider. A strong cover letter shows the candidate positively or negatively depending on the body of the letter, the way it is written, and the language used, further helping the recruiter judge the candidate’s suitability for the role. Things to keep in mind while writing the cover letter Use proper English. Proofread and revise the content. Get your grammar and spellings right! State the intent of the cover letter in not more than one paragraph. This way, you are keeping the letter to the point and chances are, the recruiter will continue reading it without being agitated. The applicant's main plan here is to convince the recruiter that the applicant is the best fit for the internship. Hence, mentioning only relevant information (academic accomplishments, certifications/diplomas studied) is necessary to tip the scales in the applicant’s direction. Keep the body of the cover letter between three to four short paragraphs. Recruiters do not want to read an essay about the applicant. They need an idea about the applicant in a few sentences turned into short paragraphs. Please read about the organization/ judge/law firm/advocate beforehand and mention how your skills could be the best fit for them. This way, you let the recruiter know that you are genuinely interested in the opportunity, that you have taken the time to know about the organization/judge/law firm/advocate. Use simple words and sentences.The cover letter should be easy to comprehend and should not require the recruiter to use a dictionary to determine what a word means. Most importantly, try to be authentic. Think about why you really want to intern in that organisation, what it is that you seek to gain from the experience and put it down in words. Once you have your intentions clear, you can work on polishing the language of the letter further. What are the things to avoid while writing a cover letter? Avoid using text lingo in the cover letter. Words like, "Hi, hey" should also be avoided because the recruiter is not your friend or even your acquaintance. A formal "Hello" is allowed to the extent that it doesn't change the letter from formal to informal. Using abbreviations and skipping letters in between words is not encouraged while writing the cover letter. The perfect cover letter should be free from grammatical errors and spelling mistakes. Understandably not everyone can be Wren & Martin, which is fine. While a few minute errors are ignored even by the recruiter, you can use software like Grammarly or online websites to check for grammatical errors. Be very careful while copy-pasting cover letters from one mail to the other. When an applicant ignores the organization's name added in the cover letter and forwards the same to another organization, he/she gives the impression to the recruiter that the he/she is not serious enough about the application. Even if that is not the intention of the applicant, this is how it may be perceived. "Dear Sir, PFA the CV. I want to intern at your esteemed organization. Please go through it and revert back to me at the earliest. Thanks" Sometimes, recruiters receive emails such as the above from applicants. An email like this, though clear about the applicant’s intentions, is not appreciated because it is not only devoid of any useful information but is almost authoritative. Not having a cover letter might be less damaging than sending a cover letter such as the above. Even when you are required to only share your CV, it is advisable to attach/enclose a well drafted cover letter as well. This way, it becomes easier for the recipient to revisit the CV’s purpose or refer the same to others. Refrain from sending just a CV with nothing else in the body of the email. Click here for Sample Cover Letter - Law Firm Internship Click here for Sample Cover Letter - NGO Internship Click here for Sample Cover Letter - Judicial Internship

Superadmin

Dec 21, 2020

How to Create and Maintain a Presence Online: for Indian Advocates

As advocates, there’s very little marketing we can do for ourselves without being on the wrong side of the law. We cannot put hoardings, banners, solicit work through websites explicitly because the BCI Rules bars us from doing so. However, with the use of digital technology and smart approaches, we can create a virtual presence for ourselves, which can, in turn, help us gain recognition, without violating any BCI Rules. There are several ways in which advocates can make themselves and their practice is known in the largest industries in India. However, the digital approach requires a lot of diligence, effort, and regularity, the reason being, every day there is a new blog, a new website, a new person who establishes his/her presence. Amidst this virtual competition, one needs to be consistent in upholding one’s presence online. Linkedin and Personal Branding LinkedIn, one of the best social marketing network for professional. Almost every professional has a profile on LinkedIn and more often than not uses this platform to connect with other professionals and to establish a virtual presence. One of the best and the worst things about LinkedIn is that one can share anything that they deem fit, whether it is experiences, updates, accomplishments, etc. It makes establishing an online presence on LinkedIn a bit tricky because there is a lot of good quality content that is already present there. The challenge is to get past the noise. However, if the content one posts are worthy of people’s views, there is no stoppage to the post’s viewership. If an advocate makes a LinkedIn profile, interacts with other people through his or her posts, keeps the audience interested with the content that is posted, the online presence is thus established, and with posts being uploaded duly, personal branding gradually gets established. Simply put, one can start by posting updates on cases that they have dealt with, a lesson they have learnt in the court, their experiences in dealing with a client. It goes a long way if there is an open discussion that one initiates about a certain law, a policy or a rule, for example. Personal branding and LinkedIn go hand in hand. When your profile starts gaining traction and the number of posts increases, there’s a brand that you create for yourself on LinkedIn. People start knowing you through the posts, works, practices and accomplishments. The more interaction there is, the more is the personal branding. Working on personal brand virtually can be taxing because of the already existing work. However, if even an hour is devoted to writing, for example, a useful and meaningful post, once in three days, it is still worth the time. As is with any other media, even with LinkedIn, content is king! If the content is attractive and informative, virtual presence and branding get successfully established. Websites and Content These days, websites can be easily created through website creation platforms like Worpress and Weebly. However, the tricky part here is to post content that does not breach BCI Rules. As per the BCI Rules, law firms cannot solicit or advertise their work. However, this rule can be followed without explicitly advertising the work by generating content that does not expressly advertise but gains a lot of traction by viewers. One such way to successfully establish a law firm website without advertising the services is by writing and publishing articles on topics related to the services that the law firm provides. If the law firm deals with Arbitration and IPR, the advocate can publish articles under these practice areas in the form of blog posts, judgment analysis, or newsletters that readers can subscribe to. This way, even though the firm does not explicitly advertise its practice areas and accomplishments, the articles, write-ups, and blog posts do the work. The same could be shared on top social media websites and other relevant websites through links of the posts increasing viewership on the same article that is published on the blog. Online Webinars and Videos Being part of seminars is a great way of building a professional profile. With the current Pandemic, ‘webinars’ have taken the place of ‘seminars’. With so much happening around us, having one’s own YouTube channel, or own series of videos explaining judgments, laws, cases, the news is the new trend. YouTube is hands-down the best way to establish an online presence through videos. While making YouTube videos demand a lot of efforts and time, a simple 2-minute video that talks about the latest advancement in one’s practice area or insight about judgment or a law can be uploaded on the relevant websites, where audience view it with ease and can interact through your profile, directly. It helps in increasing your brand value and also establishes your face value since a lot of your personality shows out, which is a bonus point for high-end recruiters or potential clients who might relate to your content and want to collaborate with you or hire your services. Virtual Profile is the new Business Card Handing out business cards has been the norm for professionals for a long time now. While business cards still rule the physical world, the advent of technology has made it possible for these cards to take a step back, while the virtual profile does the speaking. Cards are still handed out, but nowadays even these cards carry virtual profile ids, so one can look the person up online and decide further. We live in a society where everything is online, so establishing a little virtual identity for yourself could come a long way in helping with professional growth. However, making videos, writing blogs, etc do need a lot of time and energy. In any case, there are content creators and editors, personal branding consultants and other advocates who are ready to help. There is huge competition everywhere, even virtually, but, having a virtual presence is almost imperative in this day and age.

Bhavya Bhatt

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 (current)
19

×

Home
About
Jobs
Events
Courses
Exams
Blog
Recruiter
Pricing

Applicant

Login
Register
Forgot Password

* By proceeding you agree to our Privacy Policy and Terms of Use

*

*

*

*

Password should contain one upper case,one lower case,one number and one special character with 8-30 characters.

* By proceeding you agree to our Privacy Policy and Terms of Use

Advertiser

Login
Register
Forgot your password

* By proceeding you agree to our Privacy Policy and Terms of Use

*

*

*

*

Password should contain one upper case,one lower case,one number and one special character with 8-30 characters.

* By proceeding you agree to our Privacy Policy and Terms of Use

about
privacy
terms of use
careers
contact us
sitemap

© 2021 Botmatrix Services Private Limited. All Rights Reserved.