Advocate is “on Record”- Part III ADN Rao

ADN Rao is a man of few words. As I step into Chamber No. 116, RK Jain Block within the Supreme Court premises, I see piles of legal documents staring down at me. He is going through a draft, adding a few finishing touches..Greeting me politely, he tells me that I may have to wait for some time before I can get my audience with the man who, in his own words, is ‘happy to be surrounded by work’. So it is no surprise, that when he finally gets talking to me about law and the profession, I catch an unwavering sense of commitment and sincerity..Delhi University, politics and an Advocate on Record.“I was the Central Counselor of Delhi University and that has been the slight (and only) political tinge I have had to my career,” he tells me as we chat about his early days in the profession. Son of noted lawyer A. Subba Rao, he began practicing with his father in 1988, clearing the AoR examination in 1991..He has made the Supreme Court his professional abode since then. I am curious to know as to how much of his father’s legacy and goodwill has assisted Rao..“I did not want to be tagged as the son of so and so. I began from scratch because I wanted to be on my own and carve my own space. The reasoning behind this was simple; at the back of mind I had the reassurance that if I fail, my father will always be there.”.However, rare have been those occasions when he may have banked upon his father’s name to boost his practice. That is self-explanatory in the manner in which the Bench responded to him..“Till date, a lot of Supreme Court judges do not know that I am Subba Rao’s son. They think that we are two different people, simply sharing a surname.” (laughs).Amicus to the Court- The Rulebook.He may not have used his father’s influence but he surely has imbibed the impeccable conduct of certain seniors. ADN Rao was recently appointed as Amicus to the Forest Bench of Supreme Court and it is a job that he takes seriously..“As an amicus, you bear a lot of responsibility to the court. The judges rely on you and what you say is taken as a gospel truth or the correct position in law. Therefore, one has to be fair on both sides and be fair to the court. That is the onus that I feel one should discharge as an amicus.”.He narrates an incident to elucidate on the role of an amicus..“One thing which I learnt from one of the most respected seniors, Mr. K Parasaran, is that an amicus brief is more important than a heavily paid brief. I have seen him practicing this rule. Once, he was assigned a legal aid matter in his capacity as a Senior Advocate. I thought this busy old man will not have time for appearing in a legal aid matter but when I went to him, I was shocked to see the time he gave in the conference. .Next day when the matter reached, it was amazing to see that he did not attend a heavily paid brief but came to court to do a legal aid matter. I think what he did was something extraordinary for that client because in my opinion, that case would have failed but for the fact that it was being dealt by Mr. Parasaran.”.Relevance of the AoR system.There is rhetoric in the air on how the Advocate on Record system has become redundant and should be done away with. ADN Rao is dismissive about the people who say this because ‘they do not know why this system of AoRs was evolved in the first place.’.“You need to read the [Supreme Court] Rules which clearly stipulate that an AoR should have an office in and around the Supreme Court; to ensure that the parties are served, paper books are collected when you appear for Respondents and to facilitate better communication between the Courts and the advocates.”.“Today with the new generation of lawyers joining the Bar, we see that the importance of an AoR’s office is only going to increase. Therefore, without knowing the importance of an AoR, to say that the system should be scrapped is an incorrect view.”.The Constitutional Court?.For a lawyer who has appeared in a plethora of constitutional cases, my next question to him is fairly obvious. Perhaps he recognizes that as well. So when I ask him about the level of importance given by the Apex Court to academic research, he laughs, shakes his head and says that it is not something on which an AoR or any lawyer should comment on!.Upon prodding further, he opens up a bit..“See there are good judgments and bad judgments. Some of the orders are so good that a bare reading itself tells you on how much depth the judge has gone into while there are judgments which reflect that even the basic proposition has not been explored. So this varies from judge to judge and also depends upon the assistance that they receive from lawyers, during arguments.’.But is the Supreme Court living up to its mandate of being a constitutional court?.“The Court has swayed into different fields which do not require the interpretation of the constitution or are not meant to be constitutional.”.Speaking of constitutional issues, when I ask him about the NJAC challenge he chooses to keep his cards close to the chest and replies with a wink, “It’s a sub-judice matter so I would not like to comment on that.”.Of bulky briefs, incomplete novels and creating a niche.As we wrap up the interview, I am tempted to ask ADN Rao about his tight schedules and whether he gets the time to pursue other interests than law. The oft-discussed topic of time management blurts itself out, to which ADN Rao has an interesting reply..“Of course it is essential to give equal importance to both personal and professional work. You have to manage both aspects. I do not have any other interests other than my work. Whenever I am asked that why have you not read a novel, the only comment I can muster is that when you don’t have time to read the full brief when can you spare time to read a novel?!”.ADN Rao may not be a bibliophile but he is certainly on the top of his trade. Even after achieving the position that he has, he likes taking that extra bit of effort towards his legal drafts. Every draft prepared by the office is thoroughly vetted by ADN Rao personally, before it is sent for filing..Evidently, he lives by his words when he says that this field requires a lot of hard work and sincerity which will ‘definitely pay off during some point of your life.’ Seeing how he comes from a law background, does ADN Rao feel that it is a level playing field out there? He does not think twice before answering that indeed, it is..“It does give you various opportunities to create your own space and make your own name. I have seen a lot of people doing that successfully and being a part of those fortunate few, I do feel that it gives you ample scope to prove yourself.”.He also adds that apart from commitment and devotion, luck also plays an equally important role in becoming a successful lawyer. After seeing numerous pictures of Lord Venkateshwara adorning his chamber walls, it can be said without a shadow of doubt, that ADN Rao has been lucky to have had plenty of divine intervention all throughout!