As I write this article sharing my experience of a clerkship with Justice KM Joseph as his first law clerk, I still remember the very first day of my joining. I went to Justice Joseph’s office after finishing my files, and he asked me to brief him about the matters which I had prepared.

A little nervous, I picked up my notebook, but I was asked to brief him without looking at the notebook. He said, “good memory is the foremost trait of a lawyer”. When I started speaking, everything suddenly became a mixed question of law, fact and embarrassment. I apologised to him for not being able to answer certain basic questions. But to my surprise, I was told,

“Doesn’t matter. At your age I didn’t even know this much”.

From the very first question that he asked me: “What exactly do you mean by substantial question of law?” to the end of the 25 month clerkship, I was grateful to work with a scholarly judge like him who is deeply religious at heart, and at the same time a rationalist, and above all, a very humble human being.

I have had the privilege of innumerable conversations with him over our long walks in his beautiful Lutyen’s bungalow. I got to learn more about my own religion and was totally mesmerised with his knowledge of all religions and the central message that every religion imparts. In this regard I’ll share one small incident that portrays how important it is to respect others’ perspectives and beliefs.

One day I was going with him in his car to the Supreme Court when I noticed he had his hand kept on his cheek. I asked, “Sir, What happened?", to which he replied that he had a toothache. I said, "Sir, you should see a dentist first or take a pain killer.” His reply was, “ If your Jain Saints can practice loch (plucking of hair by Jain Saints) I can also tolerate the pain."

“Are you reading?” is no more an ordinary phrase for me. This was the phrase used by Justice KK Mathew (Justice Joseph's father and former Supreme Court judge) when he used to ask about his younger son’s progress in the profession. I have been the beneficiary of this message through knowing about Justice Mathew and by interacting with Justice Joseph. After discussing a matter or a point of law for a fairly long time, and after explaining the complex point in simplest possible way, “we both are slowly learning” is what I would hear from him. I saw him study continuously for hours, the sleepless nights that go into writing a judgment, and not having any visitors. In the words of former Chief Justice of India TS Thakur, the life of a judge is a ‘Tapasya’.

Clerkship to me is a one of a kind experience wherein first and foremost you get to see the things from other side of the Bench. I would have never realized the importance of written pleadings had I not worked with a judge. Every ground/ question of law of will be scanned at laser speed only for the judge to later say in court, “Mr. Counsel, but you have not said so in your pleadings?”

One will have a fair idea of what is expected out of a good brief and how to reduce the chances of dismissal of SLP and which may also include in some cases, choosing the safest route, that is, not filing one.

Secondly, a law clerk occupies a position between the Bar and the Bench. He is tasked with hearing court arguments, making argument notes, noting down the decisions cited, and appreciating the questions put by the Bench. Due to various structural intricacies, assistance of the Bar in research is limited. This is where the role of law clerks assumes importance. They can help the judge by undertaking in-depth research on issues concerning a particular opinion after thoroughly exploring all legal propositions and decisions of Indian as well as foreign jurisdictions, and finally by providing some fresh perspectives as well.

Thirdly, a clerkship also gives exposure of the administration of the court. One gets to learn immensely from the staff attached to the judge. Apart from gossip and other practical advice, one learns how exactly a case, right from admission, culminates into the judgment.

Last but not the least, clerkship is the most diverse experience in terms of law. A law clerk, apart from his primary job of brief making and oral briefing, gets exposure to study various kinds of matters encompassing every branch of law. The opportunity is unparalleled as one gets to work directly with judges, who actually call the shots and determine what the law means.

For me, the biggest lesson from my clerkship with Justice Joseph, apart from learning law and professionalism, was the power of humility and good character. According to him, never ever you should say that you have read it all or you know it all. Rather you should always say, “day by day we are becoming less ignorant”. Whenever I used to go to the Supreme Court with him, on seeing the royal judges' chambers and the prestige and power a judge has, I would always say, "Sir, how beautiful and grand it is!" He would reply with a smile and say,

“Its all temporary, Saaket. It’s not going to be forever. Never forget from where have you come and what are your roots.”

I shall conclude by narrating one incident. During the first phase of the COVID-19 pandemic in 2020, at around 10:15 in the morning, I went to meet Sir just as he was about to leave for Court. I found that his chauffer was not well since he had a fever the previous day. Justice Joseph was a little hesitant in going with him because of COVID and was sceptical about calling another car from Court. I was asked “Saaket, You have your car today? Go get it. I will go in your car”.

I ran towards my car without a clue as to how will I drive him to the Supreme Court. For me, it was unbelievable. I brought my car to his porch. Sir sat behind in my car with his PSO sitting in front with me. “You have got a nice car. Which is it?, he asked. I said it was an i20. "Oh nice! It’s a good car," he replied. Within a few minutes, we reached Supreme Court. Just before getting down from the car, he asked me, "Would you have ever thought that your car would be here one day?" I said, “Sir, neither my car nor I could have imagined so!”

If I were to summarise my clerkship experience in a single line, I would say, before joining Justice Joseph, I didn’t even know that I know nothing. But now, I certainly know that I know nothing.

The author is a former Law Clerk-cum-Research Assistant with Justice KM Joseph. Presently, he is a practising advocate in Delhi.