July 18, 2018:
Name of the Legal Stalwart: Siddharth M. Jha
Enrolment No.: G/2639/2014
Areas of Practice: Dispute Resolution, Constitutional Law, Contracts, Service Law & Public Interest Litigation and Litigation/ADR Management pertaining to Commercial and Civil Disputes (Domestic and Cross-Border).
Contact Details: siddharthmjha@gmail.com, +91 9712135903
INTRODUCTION
Siddharth has been practicing in the High Court of Gujarat since 2014. Born and brought up in Ahmedabad, Mr. Jha graduated in B.Sc. L.L.B. from Gujarat National Law University, Gandhinagar and pursued Master of Laws (L.L.M.) in Dispute Resolution with a concentration in International Commercial Arbitration from Pepperdine University in Malibu, California (USA).
Q1. Tell us something about your early childhood and schooling.
Ans. I lived away from the hustle of the city in the quitter areas of Ahmedabad which has made me a nature lover. I had a lot of pets while growing up. I did my schooling from Rachana School, Ahmedabad where I actively participated in both curricular and co-curricular activities and such as drawing, learning classical instruments like table, banjo & keyboard and had keen interest in photography.
Q2. Are you a first-generation lawyer?
Ans. I am a first-generation lawyer.
Q3 .Why and when did you decide to pursue law as a profession?
Ans. I come from a family of doctors. Both my parents are doctors. My father had a lot of lawyers and judges as patients, I was fascinated by the way they spoke and conducted themselves and got attracted to the lifestyle. I was an inquisitive child and was always asking questions and loved debating. I even went for career counselling once and law was one of the options that I could have pursued. I think it was a combination of these things that motivated me to pursue Law as a profession.
Q4. How was your experience in law school? What do you think is the more important aspect of the law school – the academics, the co-curriculars or internships?
Ans. The first year at GNLU was tough majorly because I believed myself to be an introvert student. I have realised that networking is the most important aspect of this profession and I put this theory to test in my Second Year. Law school has completely transformed me as a person- my ability to think has enhanced, my perspectives have changed and it turned me into a more confident person. I had a lot of fun in law school when I decided to open up and make friends, go for events, internships, moot court competitions, workshops and conferences. I loved to research and work on projects. Law school has taught me to work under pressure and still deliver quality work.
I feel that all the three aspects of law school – the curriculars, co-curriculars and internships are equally important and have their separate roles to play. There are so many laws out there and it isn’t possible for the law school’s curriculum to cover those aspects. This is where the co-curriculars come in. I have learnt a lot through mooting – subjects that were actually taught in later years of the law school were introduced to me in the early years of law school because of attending workshops and participating in moot court competitions. When it comes to internships, in my personal experience you start getting serious work if you land up with a pre placement offer, which is mostly in the corporate world, from which I was a bit away. My most enriching internship has been the Judicial Clerkship under Hon’ble Justice Dipak Misra. I gained a new perspective while interning with him. I discovered new areas of law and researched on various complex issues on his ongoing cases. My research was from a judge’s point of view which was a new experience for me.
Q5. You have had the experience of studying law in two different jurisdictions i.e. India and USA. What according to you are the similarities and the differences in the way the subject is taught across the two countries? Which one was a more wholesome experience?
Ans. The exposure that I had while studying at Pepperdine was brilliant and unmatchable. I had the chance to get an insight into the culture, lifestyle and experiences of people from around the world. It dazzled me. The methodology of teaching and lecture delivery in USA and India is poles apart. While in India, the focus is on delivering lectures in order to enhance the students’ knowledge, in USA the focus is on sharing knowledge. My professors in the US used a Socratic method where we were encouraged to put our views forward. This motivated me to study in advance and at times to go beyond the curriculum. I paid more attention to the lectures in Pepperdine because I felt more valued and my views were appreciated there. The research opportunities there were definitely better because of the higher availability of resources and funding. I had a more wholesome experience there.
Q6. How was your first experience in the court? Would you like to share certain specific experiences?
Ans. I remember being nervous in my first appearance before the High Court. I took about 4-6 months just to get the hang of the things. I’ve realised that we are never taught the technicalities of the profession in Law School. One doesn’t realise that the smallest of procedures could take so much of time. But it was an amazing feeling. I’ve always thought of Law as a noble profession, but when I wore the gown for the first time, I felt like I’d achieved something great in life. I used to fumble initially, but my seniors guided me and encouraged me to see arguing as a convincing conversation which had helped me a lot. I have done a lot of work related to Constitutional Law and Public Interest Litigation, which is because of me being associated to a Senior who practiced in those areas .
We had a case against the municipal corporation for the bad condition of roads in the city of Ahmedabad and regarding the cattle menace in the city, which actually resulted into the Honourable High Court in issuing directions pertaining to the liability and also quality control of the construction of roads, issues related to them and to enactment of a law pertaining to the cattle menace in the city. I have been lucky to work on causes related to environmental law, where we approached the Honourable High Court against the action of Government of Gujarat in filling up lakes and constructing flats under the name of Pradhan Mantri Awas Yojana, which action is completely against the environment laws prevailing in the country.
Moreover, similar petitions related to environment were regarding discontinuing use of pet coke and furnace oil by industries, which caused a lot of pollution and another regarding phasing out of diesel buses in the city of Ahmedabad and considering use of buses running on CNG. One of the interesting cases were the action of Gujarat Public Service Commission where they were appointing employees (lecturers and professors) on the basis of their performance in interview only and not considering any written examination, which of course supported favorism, bias and nepotism.
It was also a pleasure working with/on the side of the Government of Gujarat in a matter where the vires of the Fee Regulatory Act were challenged in the High Court of Gujarat and also have had the opportunity to work on certain matters related to labour disputes, contract laws, and constitutional laws. Apart from being an advocate, there have been petitions related to public cause in which I have personally been a litigant to fight for the cause, such as matters related to cattle menace and port trusts.
Q7. What according to you are the areas in which the legal system of our country needs to improve?
Ans. I understand that there is a huge backlog of cases. We need to build more courts, appoint more judges and probably setup more tribunals. There is a huge lack of awareness amongst the poor. I think legal education needs to be promoted more urgently and efficiently. There is also an urgent need for us to cover up in the field of implementation. The other day, I was at the High Court of Gujarat, where I noticed that one of the Honourable Judge’s had more than 450 cases listed on his board for that day. How is it humanly possible to hear those many cases in a day?
Another aspect that needs attention is the situation of undertrials. Why can’t we set up a tribunal that deals with such cases only? Don’t you think it will make things a lot easier?
Q8. How vast do you think is the gap between the law we study in the universities and the one that is practised?
Ans. You are not taught the procedure that happens in the court while you are in the law school. The journey that begins with client counselling and goes on to drafting and filling a petition, no one teaches you that. Even after interning with various advocates, such weren’t very clear. I think the curriculum should equally focus on the practical aspects of the profession. Promoting Moot Courts could be one way of getting there. I think what we are taught and what actually happens is both overlapping and parallel.
Q9. What advice would you give to the law students to be a good and successful lawyer?
Ans. My advice for the law students is NETWORK – network everywhere, even in class. Get a taste of every forum and study beyond the curriculum. In our profession, learning never ends. Get a command over the language and work on your oratory skills. Read a lot, it’s the most important aspect of learning. I’d like to share my experience in a Moot Court Competition here. I was in Hong Kong for the IMLAM moot where my performance in the first round was not up to the mark and to be very frank was poor. I went back after that round and spent the entire night prepping for the next round. My team did not progress beyond the quarter finals, but I got an award for extraordinary performance because of the effort I put in for my second round of oral pleadings. I think perseverance is very important.
To the lawyers, I’d like to say, value your clients. Listen to them and understand their problems. Be available and approachable. Be confident but not arrogant. Never stop learning. Accept you mistakes and respect your opposite counsel.
Q10. How important a role does “being from an NLU” play in the profession?
Ans. In the early years of law school being from an NLU can be very advantageous. It’s a matter of prestige, but not privilege. It isn’t an assured ticket to success. When it comes to litigation, what matters is how you work, your dedication, your punctuality and your perseverance are the most important characteristics that can make or break your career.
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