A divided house is always a sorry state, Vipin Nair Advocate is “on Record”- Part IV

In this edition of the AoR series, Bar & Bench speaks to to advocate on record Vipin Nair. A former Secretary of the Supreme Court Advocate on Record Association, Nair is a 1993 graduate of the Campus Law Centre in Delhi. In this interview with Smrithi Suresh, Nair talks about his early days, the institution that is the AoR system, and more..Bar & Bench: Tell us about your early days..Vipin Nair: I completed my legal studies from Campus Law Centre in 1993 after a degree in Economics from Shri Ram College of Commerce. We had some fantastic professors, like the inimitable Upendra Baxi, which made college days most memorable. My father, KMK Nair was also a lawyer, and had been an AOR practising in Supreme Court since the late 60’s..I started my career in the chambers of Rajiv Dutta [who was later designated a Senior Advocate] and whom my father had recommended. I worked for nearly four years and dabbled in customs law, excise, indirect taxes, company law etc. Since my senior was an AoR, I was fortunate to gain valuable experience at not only the Supreme Court but also the Delhi High Court and the Trial Courts like Tis Hazari, Patiala House etc..Immediately after I finished my tenure with Mr. Dutta, my father asked me to join his chambers. I cleared my Advocate on Record examination in 2000 and have been a practicing AoR since then..Bar & Bench: Do you feel that being an Advocate on Record limits one’s practice to the Supreme Court?.Vipin Nair: See any decision on where to base your practice also depends on the attending circumstances. I happen to hail from a lawyer’s family and since my father was primarily based in Supreme Court, it made sense for me to begin from a forum that I was fortunate enough to have had some domain knowledge about..There is another aspect which I feel is vital. In hindsight, I feel that for a person who is residing at Delhi, and who wishes to establish their practice in Supreme Court, should ideally, complete their legal studies from outside Delhi..Studying outside also brings one into close and life long contacts with people who are based in different jurisdictions and in the long run build up ones Supreme Court practice, which is essentially reference-based from different High Courts..Having said that, Delhi is one of the best places to practice for a lawyer for the simple reason that leaving aside the Supreme Court and High Court, there are so many Tribunals/Commissions of different bandwidth here. One also need not always follow the bottom-first approach and go to a trial lawyer before coming to Supreme Court. I feel that the approach makes you lose a lot of time..You can instead choose to work with an Advocate-on-Record, who also has a decent amount of trial work and then gradually work your way up. Ultimately, every decision is also largely shaped by the kind of guidance you receive during your heydays..Bar & Bench: Tell us about the perceived benefits and cons of having a legal background. .Vipin Nair: Frankly speaking, I do not feel that there is any downside of having guidance or a mentor at home. Apart from the academic knowledge that one inherits and the clients base one gets to begin work right away, other hassles that a person not having a law background faces routinely, also get eased out..Then there is the goodwill that is passed on from one generation to another. Even today, people recognize me because of my father. So there is also the onus of living up to that reputation. But overall, having a father figure opens a lot of doors and provides a large degree of comfort when the chips are down. There are no disadvantages or demerits to it..Bar & Bench: How do you react to the incessant clamour on the need for the AoR system to go? .Vipin Nair: The Apex Court in its wisdom has decided that this filter needs to be put to use so that there is an institutional check on the quality of pleadings and conduct of practitioners..What has actually happened, in my opinion, is that becoming an AoR has become more of an aspiration than ever before, and is attracting the best talent from the available pool..The AoR exams remains a highly competitive exam, and the need to write lengthy answers continues to test the best. Therefore, the AoR system is very much required and operates as a very good sieve through which the most competent and deserving lawyers get the right to file cases in the Apex Court..Bar & Bench: You have been the Secretary of SCAORA. How do you view the relationship between the Supreme Court Bar and the Bench?.Vipin Nair: I’ll put it this way, SCAORA has an advantage over SCBA when it comes to the term of the Association..When you have two years of elected tenure, there is time to implement the ideas that you feel are beneficial. In SCBA, before you know it the year is over so the window to effect real changes is quite restricted..Our term was a very eventful year, especially with the NJAC. I’d like to believe that we succeeded in bringing on board different people and conduct fruitful deliberations over relevant issues, viz. the NJAC, the amended Supreme Court Rules etc..Therefore, when the collective opinion was conveyed to the Bench, it was ensured that everyone’s interests are reflected in that opinion. The NJAC was such a controversial subject to start with and the paramount consideration that SCAORA had while seeking to challenge the Act was to preserve judicial autonomy, reduce undue governmental influence and promote transparency in matters of appointment to higher judiciary which I believe was effectively conveyed to the Bench..Bar & Bench: As someone who has been an office-bearer previously, what do you have to say about the recent rift within the SCBA? .Vipin Nair: It is most unfortunate. If you ask me, Dushyant Dave and Aishwarya Bhati had done a fantastic job in their last term along with the entire executive committee. So the prevailing sentiment was that a lot of work was being done on the ground level. Dave has also voiced his concerns on a lot of issues, especially concerning young lawyers etc. Therefore, the second term was a given and he was brought back by a huge mandate. Unfortunately, it was a hard task to follow..The recent happenings seem to suggest that there is a dichotomy of views and people have certain strong opinions on how the SCBA should function. Maybe there were egos involved, maybe there weren’t..But a lot of water has flown under the bridge and with Dave deciding to come back, his mandate should be respected..A divided house is always a sorry state. I feel that the Bar should be united. Differences are normal but they should be resolved behind closed doors. The moment you make the tiff public, it is a freefall and gives a bad picture about the Body. After all, the other Bar Associations look to the SCBA for leadership..Bar & Bench: What do you have to say about the spate of transfers made by the collegium recently? A lot has been written about the opacity of the process. .Vipin Nair: There is a school of thought that in the recent spate of transfers, the view of the judges concerned ought to have been sought before the orders were passed. The other position is that the possibility of transfer is in-built in any judicial appointment. At the very least the grounds of transfer should have been made available to them. The thought emanates from the simple fact that there ought to be some clarity in such decisions because if not, then stories begin circulating and unhealthy rumors are tossed around. And since either of the party cannot respond to the stories/criticisms, it is always agreeable to not leave such decisions in the limbo. The solution, I feel lies somewhere in between..As a matter of fact, in our written submissions given to the Court on behalf of SCAORA during the NJAC hearing, the Association had raised a plea that the minutes relating to meetings deciding on transfer/appointment should be made public and subject to RTI scrutiny. The same was argued in court as well. The Bench also felt the need for a transparency. This incident just goes on to show that there is so much that is still to be done..Bar & Bench: What are the changes the Supreme Court needs now?.Vipin Nair: From the time I began practicing, litigation has definitely increased and undoubtedly led to a docket explosion. Much has been said and written about reducing pendency so that is a discourse which is ongoing..One great change that has happened is the elevation of lawyers to the Bench. Chief Justice Lodha’s collegium took a wise decision by elevating Senior Advocates UU Lalit and Rohinton Nariman and the results are there for everyone to see..It was a fantastic move for justice delivery has been top notch. We need more of such elevations for these judges also serve as role models for others to take up judicial appointments..But as I said previously, imminent changes that have to be made to the setup include an overhaul of the appointment process. An all-inclusive process should adopted so that everyone is aware of how appointments take place. The sooner that happens, the better it will be for everyone who is a part of the system..On that note, I feel that we do not need a Court of Appeals which is recently been in news. It will only bring in another tier, another hierarchy leading to confusion. The Attorney General is right when he says that it is against the Constitutional ccheme..Bar & Bench: What are your thoughts on the controversy surrounding senior designations? .Vipin Nair: Hopefully the Supreme Court in the writ filed by Indira Jaising will lay down the parameters to be followed in the process of designating seniors. I feel as a rule, the number of seniors in Supreme Court should be increased. This would give a level playing field for all and lead to fee rationalization as well..Bar & Bench: Any advice to juniors?.Vipin Nair: I have had the benefit of working with extremely erudite juniors. Also, we have been lucky that almost everyone from our chamber has cleared the AoR exam within the first attempt!.When you come to an AoR for training, its is not just the real court-work that you learn. There is a certain culture and work ethic that you imbibe. We have tried to cultivate a sense of flexibility in how we work. There are no fixed schedules. As long as the junior is comfortable in the office and he can deliver the work, there is no hard and fast rule binding him to the workplace..For a lawyer, there is no greater satisfaction that comes from litigation. Though there is a steep hit in the pay scale when you switch from a corporate sector, the unparalleled gratification is a tempting enough reason to litigate. Once you have taken that choice, give it your all and give it your best. Success takes time but is inevitable.