In the third and final part of The Insiders, we profile the office of Additional Solicitor General L Nageswara Rao..Additional Solicitor General L Nageswara Rao.Additional Solicitor General (ASG) L Nageswara Rao is another experienced law officer. His current stint as an ASG began in September 2013. He had earlier served a term starting in 2003. Advocate Abhinav Rao, who has been working with Nageswara Rao since January 2011, tells us more about the office..Change in work.While talking about the change in work after Rao was appointed ASG, Abhinav says that, “The work is very different. The whole approach changes, obviously because you are appearing for the government and you are mostly defending. As a government lawyer, you are mostly appearing for the respondents.”.While in private practice, Rao used to handle a lot of cases before different High Courts, briefed regularly by law firms and companies. “Before taking up the government job, he used to travel regularly. At least once a week, he used to go outside for a matter. Now the practice is largely in the Supreme Court. Once in a while, he appears in the Delhi High Court also.”.Abhinav says that it is unclear whether there is any specific pattern in the briefs assigned to Rao. “Initially, the ASG used to get a lot of matters from the Railways, CBI and Armed Forces. Now we are getting matters from all the three places, and sometimes we get tax cases also. So, it seems like there is some pattern but we have not been able to find out what it is. Of late, he has been marked some very important cases. He has already appeared before two Constitution Benches. He argued the challenge to Section 6A of the DSPE Act.”.Abhinav also speaks about how the enlistment of juniors on the Central Government Panel got delayed: “Normally, most of the ASGs have a policy of putting their juniors on the Government of India Panel. Once juniors are enlisted on the Panel, cases are marked to the juniors. In our office, however, there has been some problem with that list since our names were sent, but the list got stalled. I am told that it has been approved only last week. So, now our names are officially on the Panel. So far, I have not been marked any cases.”.The Ideological dilemma.Abhinav also speaks about the ideological conflict that a government lawyer faces “Many times you might not feel that what the government is doing is right but you still have to take a chance. And there are so many controversial matters, scams etc. in which you have to defend the government..So, it is a little bit of an ideological conflict. Often you might not agree with the point of law you are arguing but you still have to do it. And it definitely has been very different for me because I have never before been under or worked with a government lawyer. So, definitely it has taken some time to get used to it.”.Abhinav is also very forthright when he speaks about the litigating nature of the Union government. “The government is the biggest litigator today. And the government files so many cases which I think are frivolous. But you don’t have an option. There are many cases – for example an Army officer’s disability pension case in which a Medical Board had already adjudicated on him and said that he had fifty percent disability. Once you have disability, you are entitled to a certain amount of pension. And for that pension of Rs. 1000 or Rs. 1500, the government drags ex service men to the Supreme Court. Often, you feel bad that for such a small amount, litigation is taking place, at least in the apex court of the country. But you can’t do anything, you have to appear.”.Government litigation and challenges.He also says that the government cases are many times filed after a substantial delay and the Supreme Court often allows them to get away with it. “The Supreme Court often takes a liberal view. A delay of hundred days on the part of a private party is considered a substantial delay but when it comes to the government, a lenient view is taken. And the government takes advantage of it. So, we now have cases with a delay of two hundred days for which there is no explanation; and we have to go and face the brunt of the Court. Sometimes the government has a very good case but the delay is a problem.”.Last minute briefs and lack of support for the law officers is another major problem. According to Abhinav, that is one of the biggest changes he has witnessed after Rao became the ASG. “To be very frank, there is no government counsel who comes and briefs the ASGs. We are very happy if we get a brief which is complete with all the annexures and volumes. At least then, we feel that we have a complete brief which we can read to come up with something. This is the biggest change I have seen from private practice to government practice. When we were in private practice, if there is a matter listed, the lawyer will send you the brief. The brief will obviously be complete in all respects. Then, a briefing will happen.”.Office and work ethics.Abhinav is quite vocal about the office and the work culture. He says, “I think it is one of the best offices to work. Lots of Seniors are very cold towards their juniors. They don’t really care about them as long as their work is done. In a lot of offices, the juniors’ roles are strictly defined. You read, you make a note, and you often don’t get to discuss matters with your boss. But that is not the case here.”.The ASG, Abhinav says, is one of those senior lawyers who reads his brief thoroughly. “There are many senior counsels who prefer to rely on the people briefing them – either the briefing counsel or their juniors. The ASG, however, reads the brief himself, which means he expects us (juniors) to come up with something new in every case. So, there is always that additional pressure that he keeps putting on us which ultimately leads us to think on the brief. He always tells us that if we want to do well, in the Supreme Court especially, we have to come up with something new. So there is always that push.”.According to Abhinav, Rao is one of the most diligent and hardworking Seniors. “Often, most briefing counsels are very happy that Rao has been marked the brief. One thing I have seen about him is that his approach towards the brief has not changed whether it is government practice or private practice. He puts in the same effort. In fact, as a government counsel it has only increased because he does not sometimes have the additional advantage of having a briefing. So he has to put in more effort.”.Rao puts in at least sixteen hours of work a day. “His work ethics is worthy of emulation and he is a very down to earth and humble man. I don’t think all the success has altered Rao in any way. Often there is a problem that the senior is very big. There is often that disconnect between a senior and junior. I have not experienced that with Rao.”
In the third and final part of The Insiders, we profile the office of Additional Solicitor General L Nageswara Rao..Additional Solicitor General L Nageswara Rao.Additional Solicitor General (ASG) L Nageswara Rao is another experienced law officer. His current stint as an ASG began in September 2013. He had earlier served a term starting in 2003. Advocate Abhinav Rao, who has been working with Nageswara Rao since January 2011, tells us more about the office..Change in work.While talking about the change in work after Rao was appointed ASG, Abhinav says that, “The work is very different. The whole approach changes, obviously because you are appearing for the government and you are mostly defending. As a government lawyer, you are mostly appearing for the respondents.”.While in private practice, Rao used to handle a lot of cases before different High Courts, briefed regularly by law firms and companies. “Before taking up the government job, he used to travel regularly. At least once a week, he used to go outside for a matter. Now the practice is largely in the Supreme Court. Once in a while, he appears in the Delhi High Court also.”.Abhinav says that it is unclear whether there is any specific pattern in the briefs assigned to Rao. “Initially, the ASG used to get a lot of matters from the Railways, CBI and Armed Forces. Now we are getting matters from all the three places, and sometimes we get tax cases also. So, it seems like there is some pattern but we have not been able to find out what it is. Of late, he has been marked some very important cases. He has already appeared before two Constitution Benches. He argued the challenge to Section 6A of the DSPE Act.”.Abhinav also speaks about how the enlistment of juniors on the Central Government Panel got delayed: “Normally, most of the ASGs have a policy of putting their juniors on the Government of India Panel. Once juniors are enlisted on the Panel, cases are marked to the juniors. In our office, however, there has been some problem with that list since our names were sent, but the list got stalled. I am told that it has been approved only last week. So, now our names are officially on the Panel. So far, I have not been marked any cases.”.The Ideological dilemma.Abhinav also speaks about the ideological conflict that a government lawyer faces “Many times you might not feel that what the government is doing is right but you still have to take a chance. And there are so many controversial matters, scams etc. in which you have to defend the government..So, it is a little bit of an ideological conflict. Often you might not agree with the point of law you are arguing but you still have to do it. And it definitely has been very different for me because I have never before been under or worked with a government lawyer. So, definitely it has taken some time to get used to it.”.Abhinav is also very forthright when he speaks about the litigating nature of the Union government. “The government is the biggest litigator today. And the government files so many cases which I think are frivolous. But you don’t have an option. There are many cases – for example an Army officer’s disability pension case in which a Medical Board had already adjudicated on him and said that he had fifty percent disability. Once you have disability, you are entitled to a certain amount of pension. And for that pension of Rs. 1000 or Rs. 1500, the government drags ex service men to the Supreme Court. Often, you feel bad that for such a small amount, litigation is taking place, at least in the apex court of the country. But you can’t do anything, you have to appear.”.Government litigation and challenges.He also says that the government cases are many times filed after a substantial delay and the Supreme Court often allows them to get away with it. “The Supreme Court often takes a liberal view. A delay of hundred days on the part of a private party is considered a substantial delay but when it comes to the government, a lenient view is taken. And the government takes advantage of it. So, we now have cases with a delay of two hundred days for which there is no explanation; and we have to go and face the brunt of the Court. Sometimes the government has a very good case but the delay is a problem.”.Last minute briefs and lack of support for the law officers is another major problem. According to Abhinav, that is one of the biggest changes he has witnessed after Rao became the ASG. “To be very frank, there is no government counsel who comes and briefs the ASGs. We are very happy if we get a brief which is complete with all the annexures and volumes. At least then, we feel that we have a complete brief which we can read to come up with something. This is the biggest change I have seen from private practice to government practice. When we were in private practice, if there is a matter listed, the lawyer will send you the brief. The brief will obviously be complete in all respects. Then, a briefing will happen.”.Office and work ethics.Abhinav is quite vocal about the office and the work culture. He says, “I think it is one of the best offices to work. Lots of Seniors are very cold towards their juniors. They don’t really care about them as long as their work is done. In a lot of offices, the juniors’ roles are strictly defined. You read, you make a note, and you often don’t get to discuss matters with your boss. But that is not the case here.”.The ASG, Abhinav says, is one of those senior lawyers who reads his brief thoroughly. “There are many senior counsels who prefer to rely on the people briefing them – either the briefing counsel or their juniors. The ASG, however, reads the brief himself, which means he expects us (juniors) to come up with something new in every case. So, there is always that additional pressure that he keeps putting on us which ultimately leads us to think on the brief. He always tells us that if we want to do well, in the Supreme Court especially, we have to come up with something new. So there is always that push.”.According to Abhinav, Rao is one of the most diligent and hardworking Seniors. “Often, most briefing counsels are very happy that Rao has been marked the brief. One thing I have seen about him is that his approach towards the brief has not changed whether it is government practice or private practice. He puts in the same effort. In fact, as a government counsel it has only increased because he does not sometimes have the additional advantage of having a briefing. So he has to put in more effort.”.Rao puts in at least sixteen hours of work a day. “His work ethics is worthy of emulation and he is a very down to earth and humble man. I don’t think all the success has altered Rao in any way. Often there is a problem that the senior is very big. There is often that disconnect between a senior and junior. I have not experienced that with Rao.”
