Standing Counsel before Sitting Judges – Part I: Asha Gopalan Nair

Standing Counsel before Sitting Judges is a four-part series on women Standing Counsel in the Supreme Court. The first in the series is a profile of Standing Counsel of Maharashtra – Asha Gopalan Nair..Scribes covering the Supreme Court, especially those of regional languages who have a penchant for matters of regional importance, have their task cut out by Standing Counsel who represent various State governments. These journalists have to frequently interact with the lawyers of the concerned State in order to gather information on important cases in the Supreme Court..It is fascinating that in a court otherwise dominated by men, many prominent Standing Counsel, who have carved a niche for themselves, are women. I decided to explore the professional lives of these Standing Counsel and their role as lawyers of the State governments in the apex court..Asha Gopalan Nair.Asha Gopalan Nair, a microbiologist turned lawyer, is a graduate of Government Law College, Mumbai. Sitting behind a huge desk in chamber 322 of the CK Daphtary Block, she gives me a gentle smile when I meet her. After a polite but brief welcome, Nair begins to talk about her initial days and her role as the advocate for the government of Maharashtra..She is very candid when she says that she had taken up law because she was unclear on what she wanted to do after graduation. “After completing microbiology, I cleared the entrance exams and group discussions for an MBA. However during the personal interview, I was competing mostly with engineers and most of the candidates were males; and the first question for my personal interview was ‘Why an MBA’? Since I was young and inexperienced at that time, I could not give a fitting reply to that. I was in the midst of the first semester when a close friend suggested law. So, that is how I got into law.”.Nair initially worked with the Bureau of Police Research on a project on crime prevention. Thereafter, she worked with a retired Andhra Pradesh High Court judge before clearing the Advocate on Record (AoR) exam..Nair has served as the Advocate on Record for the State of Assam before she became the Additional Government Advocate and AoR for the State of Maharashtra in 2005. Presently, she represents the State of Maharashtra as the Additional Government Advocate only..However, Nair feels that it is only prudent that an AoR itself is the Standing Counsel/ Government Advocate for the State he or she represents. Otherwise, it could lead to a situation where the AoR feels the burden of the case but does not receive treatment at par with the Standing Counsel, and might shirk the responsibility..About her stint with the Maharashtra government, Asha Gopalan Nair says that, “For, the last 10 years, I had been the AoR for Maharashtra. Earlier, I was also the Panel Advocate. Being a Panel Advocate, the responsibilities are much less while as a Government Advocate and also as an AoR, you are responsible to the court as well as to the government.”.The position of Standing Counsel/ Government Advocate is filled via a government appointment. Briefs are marked by the Standing Counsel/Government Advocate after receiving instructions from the Law and Judiciary department. In high stake matters, instructions are received from the Advocate General of the State..“Maharashtra has got a big panel of advocates. Sometimes, the matter involves high financial or political stakes. So the Standing Counsel/ Government Advocate actually goes through the brief and ensures that the matters are properly marked and the Government interests do not suffer.”.As an Additional Government Advocate, she gives opinion on various cases when referred to her. When it comes to engaging Senior Advocates, Nair says that the Law and Judiciary department decides the Senior Advocate to be engaged in a particular matter depending on the stakes involved. Many times, the Government Advocate can also take a call..Since Asha Gopalan Nair is the advocate for the State of Maharashtra, she cannot take up any matters against the Maharashtra Government. Otherwise, she is free to take up her private matters..Nair says that the exposure as a Government Advocate has been fantastic and representing the State of Maharashtra has given a boost to her career. “The advantage of being a government advocate is that you are exposed to so many statutes and branches of law. You really have to work into the problem and have to interact with the department concerned. One gets to learn a lot as a Government Advocate. Each file will have something interesting. But with experience, you get a fair idea of what to read when you see a particular file and sometimes at short notice; it does not take much time for me now which was not the case when I started.”.Being a government lawyer also has its disadvantages. “The difficulties faced are many when getting instructions from the respective departments and many times, I have to act tough.”.Interestingly she also says, “That is why it is under consideration that Standing Counsel/ Government Advocates who have had sufficient practice in Supreme Court be considered as High Court judges.”.The State of Maharashtra is one the biggest litigators in the Supreme Court and Asha Gopalan Nair does not have a difference of opinion on that. “We are exposed to a good number of matters – Maharashtra is second only to the Central Government [in terms of filings in the Supreme Court]. Sometimes we have more than fifty matters a day and it is not possible for the AoR to reach everywhere.”.When quizzed about whether she has faced any discrimination as a female lawyer, she says that she never had to face any such problems. “I was very focused; I didn’t have the time, having a family and being a first generation lawyer it was a struggle. I did my work and went back home. Too much talking also creates lots of problems. I do my work and let my work speak.”