The 5 Most Recognized Lawyers To Watch Out In 2024

VOL : 09 ISSUE : 06 2024

Organized Crimes The Mindset of the Guilty in Conduc ng Organised Crimes Conundrum of Reconfigura on The Need for Restructuring the Na onal Court of Appeal and its Crea on

Guruprasad Pal A Rising Legend in India's Legal Landscape

Editor’s Note

GUARDIANS OF THE UNIVERSAL PRINCIPLES OF LAW

In the modern times of 2024, the world is getting increasingly complex. On the one hand, advancing technologies have brought the world together more than ever, binding it in one digital realm. On the other hand, with constant local, global, and geopolitical tensions escalating at a rapid pace, the legal fraternity around the globe is emerging as the guardians of the universal principles of law. As it is globally, in India, too, the legal arena is poised for continuous transformation. With certain legal minds standing out for their expertise, leadership, and innovative approaches, it is necessary for a magazine like ours to take more than notice and create a carefully curated list of ‘The 5 Most Recognized Lawyers to Watch Out in 2024,’ who being trailblazers are far beyond the mere recognition of their legal knowledge, talent, expertise, and acumen. They showcase a character that possesses an ability to adapt to a rapidly evolving global landscape. Also, as change-makers and change drivers in areas such as technology law, environmental policy, human rights, and corporate governance, their ethical commitment, practical solutions, and mentorship of the next generation make them inspirational idols to watch.

As these recognized lawyers are redefining the profession and setting new standards for excellence and leadership, the world, locally and globally, is taking cognizance of these legal stalwarts. While enthusiastically going through the following pages of this exclusive edition, you will also come across two opinionated articles especially crafted by our inhouse team so that you can understand the different facets that make these most popular legal personalities creating a buzz and driving a positive transformation in the vast legal sectors of the world’s most populous country – India. So, without further ado, let’s dive into the fascinating stories of Insights Success India’s chosen few legal professionals who are contributing to balancing the scale of justice. Read on!

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A READER LIVES A THOUSAND LIVES BEFORE HE DIES . . . THE MAN WHO NEVER READS LIVES ONLY ONE.

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Guruprasad A Rising Legend in India's Legal Landscape

COVER ory

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Akshat Khetan Commi ed to Passionately Promo ng Jus ce with AUCLs Logical Legal Solu ons

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Organized Crimes The Mindset of the Guilty in Conduc ng Organized Crimes

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The Need for Restructuring the Na onal Court of Appeal and its Crea on

Conundrum of Reconfigura on

VOL : 09 ISSUE : 06 2024

Organized Crimes The Mindset of the Guilty in Conduc ng Organised Crimes

www.insightssuccess.in

Conundrum of Reconfigura on Need for Restructuring the Na onal Court of Appeal and Crea on

Editor-in-Chief Pooja M. Bansal

Guruprasad Pal

Managing Editor Gaurav PR Wankhade Assisting Editor Prajakta Zurale

A Rising Legend in

India's Legal Landscape

[email protected] Visualizer Sandeep Tikode Art and Design Head Sarita Bhagat Sr. Graphic Designer Nagaraj Patil

SEPT, 2024 Corporate Offices: Insights Success Media and Technology Pvt. Ltd. Survey No.133/134, Brand Square, Office No. 512, Kunjir Chowk, Pimple Saudagar, Pune, Maharashtra 411027 Phone - India: +91 8793630422/24 Email: [email protected] For Subscription: www.insightssuccess.in

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Company

Featuring

Brief

AU Corporate Advisory and Legal Services (AUCL)

Akshat Khetan, Founder

Akshat Khetan's brainchild is AUCL, who is a renowned corporate and legal advisor with decades of experience in corporate debt restructuring and insolvency under his belt.

Cyril Amarchand Mangaldas

Ashish Narang, Legal Associate

Ashish is a Corporate Law enthusiast with a brimming passion for Finance, looking to synergize his passion for the two and creating an exciting and fulfilling career.

Cyril Amarchand Mangaldas

Bishen Jeswant, Partner Employment Law Practice

Bishen is a Partner in the Employment Law Practice of Cyril Amarchand Mangaldas and is based out of the Bangalore office.

Little & Co

Guruprasad Pal, Partner

Guruprasad Pal holds the distinction of working in India’s oldest law firm, Little & Co., as one of the four equity Partners of the firm.

AZB & Partners

Shivani Shenoy, Associate

With 11 years of legal experience, Shivani Shenoy is a legal Associate at AZB & Partners, since last four years.

Guruprasad Pal Partner Little & Co.

Cover

Story

Guruprasad Pal A Rising Legend in India's Legal Landscape

In the vast and ever-changing world scenario, one must always commit to investing in continuous personal development to maintain high standards of practice and ensure that the irm remains competitive.

The 5 Most Recognized Lawyers to Watch Out in 2024

L

egacy is indeed a hallmark of recognition. It's a testament to the enduring impact and influence that an individual leaves behind. Legends, whether in the realm of sports, arts, or business, are revered for their exceptional achievements and contributions. And the legal profession is no exception. The legal niche is replete with legendary personalities who have shaped the course of law, justice, and society. Fast-emerging in the league as the most recognized lawyer to watch out for, Guruprasad Pal holds the distinction of working in India’s oldest law firm, Little & Co., as one of the four equity Partners of the firm. In a profession where the past informs the present, Guruprasad understands the importance of honouring tradition while also embracing innovation. He believes that the legal industry must adapt to the changing needs of society, and he actively fosters a culture of creativity and forward-thinking within his firm. By encouraging his collea Welcome to India’s First Law Firm Little & Co. is recognized as the first law firm in India, established in 1856 under the guidance of Mr John Pares Bickersteth and represented East India Company as the solicitors. Following its nationalization, it became the Solicitors to British India and maintained this role until India’s independence. After independence, it served as the Solicitor Firm for the province of Bombay until its bifurcation into Maharashtra and Gujarat in 1960. This legacy spans over 167 years, a fact that Guruprasad Pal takes pride in as an equity Partner of the firm.

Additionally, the late Charles Grundy, one of the last surviving English lawyers in India, had a formative influence on Guruprasad.. Guruprasad believes in a client-centric approach that emphasizes personalized service and tailored legal solutions, fostering lasting relationships. He emphasizes that reliability is crucial in today’s environment, advocating for a personal philosophy that aligns with client-centric decision-making, builds trust, and inspires action within the organization. He has adopted a goal-centric approach that values collaboration and teamwork to achieve common objectives. In an everchanging global landscape, he stresses the importance of continuous personal development to maintain high standards of practice and ensure the firm remains competitive. Fortune Favours the Chance-takers There’s a fascinating story behind Guruprasad’s entry into the legal field. Born into a typical middle-class family where the expectations are to become an Engineer or a Doctor, and having failed to fulfil his parents' dreams, Guruprasad entered the field of law by accident, though his father was also an advocate who switched over to a career in the Bank for permanent employment with a steady income. Having joined the legal education sector, Guruprasad excelled in his studies, ranking first among all three universities in Odisha in the year 1980. This achievement made him eligible for a National Merit Scholarship, prompting his enrolment at Bombay University for his Master’s in Law (LL.M.), which he completed in 1982. His ability to navigate life in Bombay independently motivated him to pursue a career in law. Driving the Change

Effective leadership is crucial in driving a irm's success, fostering a collaborative culture, and ensuring high levels of client satisfaction.

The legal industry, traditionally known for its resistance to change, is now embracing technology at an unprecedented rate. From automation in documentation processes and cloud computing to e-discovery and artificial intelligence, legal tech is revolutionizing the way law firms operate. The COVID-19 pandemic has led to the adoption of virtual legal services and virtual hearings. Guruprasad believes that investing in technology and staying informed of industry trends through publications and networking is one of the many ways to remain adaptable in the ever-changing legal landscape. He is part of the advisory

In today’s time, reliability and crafting a personal philosophy which is in sync with clientcentric decision-making, fostering trust, and inspiring action within the organization, are important.

board of various multinational companies, advising them by integrating strategies on a day-to-day basis.

assigned tasks. When necessary, he guides team members to explore various approaches to ensure impactful results.

Furthermore, today's clients are more informed, empowered, and demanding than ever before, as they have unabridged access to a wealth of online information. There is also a growing number of legal service providers, and clients are no longer content with the traditional, opaque, and one-size-fitsall approach to legal services. Instead, they expect transparency, value, and customization from their law firms, which Guruprasad delivers to his clients.

He asserts that leadership, team building, and client satisfaction are interdependent. Guruprasad has always nurtured a client-centric mindset, encouraging proactive communication within his team and with clients. He is keen to instill the value of discipline, stating, “Discipline is the bridge between goals and accomplishments.” He believes that while each individual can make a difference, collective efforts can bring about significant change, with client satisfaction being the ultimate priority.

After all, the legal industry is a service industry, and a onesize-fits-all approach does not work. Guruprasad recognizes the importance of adapting to the changing needs of clients and embracing technological advancements to remain competitive in the legal landscape. The Bridge of Discipline Effective leadership is crucial in driving a firm's success, fostering a collaborative culture, and ensuring high levels of client satisfaction. Guruprasad believes in setting clear goals to achieve desired outcomes. He emphasizes empowerment, delegation, collaboration, and trusting his team to handle

The Scale of Law The essence of the legal industry lies in bringing innovation and advancements to the niche. To balance legal limitations and client expectations, Guruprasad has always fostered a culture that encourages creative thinking and innovation. He supports new ideas and approaches that can enhance client services and firm operations. Guruprasad often tells his team that while one may anticipate things, one should never assume, as it can be difficult for some clients to articulate precisely what they seek. Therefore, it is essential to provide the best advice to obtain specific information.

Balance is an essential component in every sphere of life, including law. Unless firms can balance client expectations and needs, they risk displeasing their clients. With the power to make or break now shifted to clients, it has become imperative for firms to provide the highest level of client service. The Green Pioneer in the Legal Parlance Sustainability and environmental responsibility are crucial aspects of the modern era. When asked how he promotes these principles into legal and administrative parlance, Guruprasad says that, so far as environmental responsibility is concerned, he was one of the first ones to practice at the National Green Tribunal (Western Zone) and the Principal Seat of the NGT. He has taken up pro-bono cases regarding environmental degradation and advised on several high-profile environmental law cases. The law firm Little & Co. has achieved remarkable success. When asked to highlight a transformative project, Guruprasad says that each case is equally important; however, some are highlights of his career. He has been involved in several highprofile litigations for government bodies and was instrumental when the project finance phase in India was on the upswing. He was also closely associated with the Enron case in India and the UK.

Today’s clients are more informed, empowered, and demanding than ever before as they have unabridged access to a wealth of online information.

Embracing the Digital Dynamics In the realm of legal systems, technology plays a pivotal role in enhancing efficiency. Guruprasad shares that at Little &Co., they adopted the latest technological advancements in their day-to-day practices. Nowadays, even senior counsellors use tablets rather than bulky briefs. Similarly, their entire office is automated. They are further up-to-date with today’s technology and the latest laws relating to it, like the Digital Personal Data Protection Act of 2023. They have embraced digital transformation. Aside from going paperless, the firm also actively advises technology companies. Its core ethos revolves around providing insightful guidance and operational resolutions across a spectrum of legal domains. From transaction advisory services to dispute resolution, Little & Co. prides itself on offering adept legal services that transcend the ordinary and yield impactful results. Challenges are inevitable. In the legal sector, leaders must counter them daily. Guruprasad shared that recently, they were working on a Project Finance transaction for a leading FMCG client that was embroiled in a slander controversy. They had to be tenacious and dodge some issues, but in the end, everyone involved in the transaction was on the same page.

Little & Co. is the irst law irm in the country, established in 1856 as the Solicitors forthe East India Company.

Equality is the Only Way Ahead Gender equality is a buzzword, especially in the legal sector. With the Women’s Reservation Bill coming into the picture, Guruprasad says he sees a change coming in the industry. He believes that inequality and discrimination stem from people's mindsets. He asserts that gender inequality affects everyone, including children, women, transgender people, and men. He emphasizes that women's empowerment is essential for achieving gender equality. By providing equal opportunities and ensuring that women receive their rightful share of rights, organizations can not only attain gender equality but also contribute to a variety of development goals. He highlights that his firm, Little & Co., employs several women lawyers who are compensated equally to their male counterparts. An Optimum Counsel Many young aspirants wish to enter the legal industry, for whom Guruprasad’s advice is practical. According to him, the legal profession is a slow profession, and it takes many years to develop a good practice. Moreover, one has to work from morning till night because even after coming back from court, one has to sit in their chamber and work. So, it is not for a person who wants a nine-to-five work-life balance. “Discipline is the key to the profession. No one can become a stalwart in this profession by winning one case or cracking one deal. One has to slog day in and day out. The concentration should be towards optimum work and not the outcome, be

it favourable judgment/favourable deal or monetary compensation/fees.” Lawyer life can be rough sometimes, but it doesn’t mean you should give up. “If you’ve found yourself in a legal career, it means you’re meant to do great things and positively impact the world. Never forget that!” Finally, looking to the future, Guruprasad says that harmony is the key vision he sees for Little & Co. He lives by the rule of offering practical solutions to his clients, which is the driving force in his legal career.

Organized Crimes 14 | Sept, 2024

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Mindset Guilty Conducting Organized Crimes

The of the in

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rganized crime has constantly been considered one of the clearest expressions of the ways through which crime transcends borders and affects societies on multiple levels, starting from economic structure instability to the weakening of an area's legal institutions. Organized crime refers specifically to highly structured and systematic activities carried out by groups based on matters of profit and power. What makes organized crime different from a single criminal act is the complexity of its operations, sometimes involving several individuals, networks, and other resources. A core mindsetpsychological framework drives and maintains involved individuals in the line of these operations. Ideally, the understanding of the mindset of those individuals engaged in organized crime is very essential to law enforcement, psychologists, and policy-makers. This paper examines several psychological factors, motivations, and social influences that shape the mindset of one who is involved in organized crime. Profit and Power: The Core Motivators Basically, it is profit and power that motivate organized crime. Those involved in such are often motivated by huge amounts of money-the sorts of money often gained in illicit businesses in the form of drug smuggling, extortion, human trading, laundering money, or dealing in weapons. Here, power is understood not only as financial but also in terms of control over territories or people or illegal markets.

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Many people find the appeal of organized crime more in the long-term gains of its power than the quick money itself. The feeling of omnipotence over both criminal and sometimes even legitimate institutions would create a perspective wherein morality is peripheral to financial gains. Profits: The basis on which criminals explain their illegal actions is a profit. For criminals, their lawlessness is just a means to an end; the risk is higher for the potential volume of return. Lust and materialism: A man's psychological want for material wealth and an extravagant lifestyle often drives him; this mentality is further driven by the swift satisfaction and tangible successes from illicit incomes. The Rationalization of Crime Organized criminals often make use of cognitive dissonance—a psychological process through which they resolve the illegality and immorality of their action with their self-perception. This rationalization frees them from guilt and remorse while continuing their illegal activity. Moral Rationalization: Narcotics, black-market goods, and other illegal services participants use such beliefs to justify their actions as they are seen as being in demand by society. They may be interpreted as doing nothing more than being a businessman or businesswoman rather than a criminal, with their personal conscience rationalized by ascertaining that they create no more problems than are necessary for them to survive and run their business.

Group Dynamics and Social Influence Group dynamics serve to play an extremely strong role in the formation of mindsets for those dealing with organized crime. Mostly, criminals function as part of closely-knit organizations often linked in social networks characterized by complex hierarchies and loyalty. For such an individual, the criminal group becomes a reference point for molding identity and values of the person. Loyalty and Trust: The group must be loyal, and loyalty is established through rituals and experiences and shared purpose. For most, it is quite unimaginable to betray the group: this goes against not only being punished for such betrayal but also violates the deep sense of belonging most people have to the group. Hierarchical structure and role definition: the hierarchical structure of a criminal organization often provides each of the members with a defined role. This is meant to maintain order but gives individuals control over their circumstances and elevates their self-esteem. Much like other roles, enforcer strategist or financial operator role all help to reinforce a personal identity tied to the success of the criminal enterprise. Normalization of Crime: Organized crime networks build such an environment that the practice of crime becomes normalized. The usual moral and legal boundaries are diluted. Committing crimes becomes a routine behaviour at times expected in such places, and person questioning or deviating from this norm are ostracized and punished. Risk Tolerance and Thrill-Seeking Behavior

Denial of Victimhood: In much organized crime, indirect harm is done to faceless victims, such as money laundering or cyber crimes. Criminals may dissociate themselves from the human cost of their acts, convincing them that nobody gets hurt by their behavior or the victims "deserve it.” Loyalty to the Group: Organized network criminals may, also appropriate loyalty as a justification factor. Groupthink may lead to a sense of obligation in which a person feels that he or she is doing his or her duty, by observing a code of conduct or following certain unwritten rules, which are supposed to be above the mundane level of morals.

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These are typically individuals with high levels of risk tolerance and high levels of thrill-seeking behavior. Organized crime is characterized by high-risk operations; in fact, they may face incarceration, violence, or even murder. For many criminals, though, the additional impetus to crime is the thrill in operating outside the law. Risk as Challenge: Some are drawn to organized crime because they feed on high-risk environments. Indeed, the very nature of the activity of evading law-enforcement authorities, dangerous territories, or high-stakes deals provides a psychological thrill that can become addictive. www.insightssuccess.in

Thrill of Outsmarting the System: Much of what criminals involved in organized operations find pleasurable is the outsmarting of law enforcement or manipulation of loopholes in the law. The ability to be one step ahead of the authorities becomes a benchmark of their intelligence and competence and serves to enhance a feeling of superiority . Desensitization toward Violence and Crime In organized crime, especially where there are activities in drug trafficking, extortion or human trafficking, violence is part of their operations. Lots of people who are involved here even get accustomed to the use of violence; in fact, they see it as an extension of their work rather than an immoral act. Instrumental Use of Violence: Organized criminals use violence as a tool to maintain power, enforce loyalty, or eliminate the competition. But repeated use of violence only makes this habit sue to routine and lessen sensitiveness about its immediate consequences.

thereby inculcating a mentality towards this group wherein crime is perceived as a legitimate profession. Conclusion Such thinking does not refer to the simple one because the motivations may be multiple, and they could include aspects of greed, power, rationalization, group dynamics, level of risk tolerance, or even economic desperation. In most cases, it becomes pertinent for law enforcers and policymakers to understand this type of mindset in formulating effective strategies against organized crime. While dealing with the root causes of these psychological drivers—be it by better economic opportunities, robust legal deterrents, or dismantling criminal networks—is essential in reducing organized crime's overall influence on the societies of our world.

Psychopathy and Narcissism: In some cases, members of organized crime may actually be exhibiting psychopathic or narcissistic tendencies that reduce their empathic potential while increasing their tendency to perceive others as instruments for their means to power and lucre. Economic and Social Pressures Not all the persons involved in organized crime are motivated entirely out of greed or the need for thrill. A lot of the element that defines such people is constituted from elements that lean more towards economic desperation, social pressures, or even other psychological drives. Poverty and Unemployment: For some, poverty and unemployment makes organized crime the only financial possibility. Illegal economies then become a source of some income-generating opportunity, one fraught with personal danger. Social Environment: In such areas where the prevalent organized crime leads to its acceptability among the community members, then children born and brought up in such environments may consider joining the ranks of organized crime as a means of climbing the social ladder, 17 | Sept, 2024

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Akshat Khetan

Commi ed to Passionately Promo ng Jus ce with AUCLs Logical Legal Solu ons

What are the most important hallmarks of the most recognized lawyers? Those who are seeking justice or legal resolution always feel that their legal representatives must be compassionate about their case, listen to them, remain ethical, honest, transparent, and supportive, and provide them with that peace of mind as soon as possible. Akshat Khetan’s passion for promoting justice and his own experiences motivated him from an early age. His interest in the complexities of the law and his love for justice drove him to pursue a career in law. The challenges and triumphs he had encountered reinforced his commitment to the legal profession. The difficulties and successes Akshat had strengthened his dedication to the legal field. Every encounter has moulded him into an accomplished professional committed to providing his firm’s clients with logical legal services by meeting deadlines. AUCL: A Legacy of Integrity, Innovation, and Client Focus

AUCL's dedication to building long-term relationships based on trust and transparency has solidified its position as a leading law firm in India. Akshat's Vision: Empowering the Legal Profession Akshat believes in leveraging technology to drive innovation in the legal industry. By investing in AI and advanced tools, he says they can enhance efficiency and precision. Fostering a culture of open communication and collaboration is crucial to staying ahead of the evolving legal landscape. Akshat is also passionate about empowering women in law. The stereotype of women lawyers being confined to family and divorce law is outdated, says he, adding that they are committed to creating an ecosystem that recognizes the diverse capabilities of women legal professionals. By providing opportunities in various legal domains, AUCL is breaking down barriers and empowering women to excel.

Each experience has shaped Akshat into the professional that he is today, driven by excellence and a dedication to serving his law firm, AU Corporate Advisory and Legal Services, aka AUCLs clients, with integrity. Today, AUCL's success is built upon a foundation of integrity, innovation, and unwavering client focus. The firm is committed to delivering exceptional legal solutions tailored to the unique needs of each client. With a deep understanding of clients' businesses and challenges, AUCL provides proactive and strategic legal counsel. The firm fosters a collaborative environment where every team member contributes to delivering comprehensive solutions.

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The economic policies should be inclusive and growth-oriented, emphasizing that profit and income are not ends in themselves, but variables that contribute to the crea on of meaningful value for all members of society. www.insightssuccess.in

The 5 Most Recognized Lawyers to Watch Out in 2024

Akshat Khetan Founder AU Corporate Advisory and Legal Services (AUCL)

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Their culture of collaboration and creativity fosters fresh ideas and innovative strategies. By encouraging open dialogue, Akshat and his team of experts anticipate potential legal hurdles and develop proactive solutions. This dedication allows them to deliver exceptional value to their clients while effectively navigating legal constraints. Delivering Cutting-edge Legal Solutions AUCL has achieved remarkable success. Akshat ensured that they have incorporated advanced technologies such as blockchain for document security and AI for automated compliance checks. This initiative not only exemplifies our commitment to legal excellence and innovation but also significantly improved their client's operational efficiency and compliance standards.

A Far-Sighted Leader in the Legal Profession Akshat's leadership is characterized by a forward-thinking approach and a commitment to creating a more inclusive and dynamic legal profession. He strongly believes that there should be multifaceted perspectives in addressing business challenges. The 360-degree approach thought process facilitates the implementation of managerial, operational, strategic and organizational reforms, enabling clients to realize their objectives. Akshat has a firm opinion that economic policies should be inclusive and growthoriented, emphasizing that profit and income are not ends in themselves but variables that contribute to the creation of meaningful value for all members of society. Creating Client-Focused Innovation The essence of the legal industry lies in bringing innovation and advancements to the niche. At AU Corporate Legal Advisory Services, Akshat and his team blend innovation with traditional legal principles to balance legal limitations and client expectations. Their approach starts with understanding each client's unique needs and industry. This enables them to tailor legal solutions that align with their goals while ensuring compliance. They invest in continuous learning and stay updated on legal trends, technological advancements, and regulatory changes. This empowers them to offer innovative solutions and abled advice that meets modern challenges without compromising on legal integrity. 20 | Sept, 2024

One standout initiative is AUCL’s pioneering work in the digital transformation of legal documentation for a major client in the tech industry. Through this project, Akshat and his team demonstrated their ability to deliver cutting-edge legal solutions that address complex challenges, reaffirming their dedication to providing exceptional value and fostering long-term client success. Today, jurisprudence goes beyond the physical realm, transforming due to aspects like digital and virtual advancements, which are necessities. Akshat accepts that Artificial Intelligence has revolutionized various industries, and the legal sector is no exception. The emergence of data-driven technologies, coupled with advancements in AI and automation, is set to change legal practices significantly. AI’s capability to automate repetitive tasks, such as document review and contract analysis, offers time-saving and cost-effective solutions. Moreover, AI empowers lawyers with data analysis on a scale-bound human capacity, enabling them to make betterinformed decisions based on hidden patterns and insights. AUCL: Navigating Complexity, Delivering Results In the dynamic and often unpredictable realm of India’s legal sector, AUCL has consistently faced and surmounted various challenges. One such instance stands out, demonstrating Akshat and his team's exceptional resilience and commitment to equity. During a particularly complex insolvency case, their client, a prominent manufacturing company, was on the brink of liquidation due to overwhelming financial distress and legal entanglements.

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The stakes were high, and the future of numerous employees and stakeholders hung in the balance. Akshat and his team, undeterred by the magnitude of the challenge, approached the situation with unwavering dedication and a deep sense of responsibility. Employing a collaborative strategy, they meticulously analyzed every aspect of the case, leveraging their diverse expertise to craft a comprehensive resolution plan. Their emphasis on equity ensured that all parties, including creditors, employees, and shareholders, were fairly represented and their interests safeguarded. Through relentless negotiation, strategic litigation, and innovative solutions, they not only saved the company from liquidation but also set a precedent in insolvency jurisprudence. This experience underscored the profound impact of resilience and equity in legal practice, reaffirming their commitment to navigating adversities with integrity and tenacity. At the Forefront of a Pivotal Moment On gender equality, Akshat says more than a buzzword; at AUCL, they are committed to fostering an inclusive and diverse workplace that promotes it. They actively recruit, mentor, and promote talented women lawyers, ensuring they have equal opportunities to advance and lead. The Women’s Reservation Bill marks a pivotal moment for gender equality in India, and its impact on the legal sector is expected to be substantial.

Akshat adds that they believe that diversity enhances their ability to provide innovative and comprehensive legal solutions. By championing gender equality within their firm, they not only adhere to ethical principles but also set a benchmark for the legal industry, driving positive change and fostering a more equitable future. Many young aspirants wish to enter the legal industry. Akshat’s advice is to approach their career with dedication, curiosity, and integrity. Focus on building a strong foundation in legal principles and continuously seek to expand your knowledge. Embrace every learning opportunity, whether it's through internships, mentorship, or further studies. Cultivate strong analytical and communication skills, as they are crucial in this field. Be proactive in networking and building relationships with industry professionals, as these connections can provide valuable insights and opportunities. Most importantly, maintain a passion for justice and a commitment to ethical practice. The legal profession is demanding but immensely rewarding for those who are driven by a genuine desire to make a positive impact. Stay resilient, adaptable, and open to new challenges, and you will find success and fulfilment in your legal career. Driving the Future Revolution Looking to the future, Akshat’s vision for AUCL is crystal clear. According to him, the legal industry is undergoing a profound transformation driven by rapid technological advancements, shifting client expectations, and increasing global competition. As law firms navigate this evolving landscape, it's crucial to stay informed about the latest trends, challenges, and opportunities shaping the future of the profession. Whether you're a seasoned attorney or a legal industry professional, understanding these trends is essential for staying ahead of the curve and positioning AUCL for longterm success through uncovering the strategies they will have to thrive in this dynamic and ever-changing industry, he concludes.

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Conundrum of Reconfiguration 22 | Sept, 2024

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The Need for

Restructuring the National Court of Appeal and its Creation

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o country's judicial system can be more apt than being the cornerstones of democracy for delivering justice and upholding constitutional values. When growing demands are made upon the judiciary, the very structure and efficiency of it get most extensively tested. In most countries, including India, talk of restructuring the NCA or the National Court of Appeal led people to wonder whether it was necessary, possible, and what that in itself would imply in terms of the judicial role that would be accorded to this in the institutions. This reflection elaborates on the complexities surrounding the reform of the NCA and why, essentially, restructuring the NCA could be crucial for a more efficacious legal framework. . The Case for a National Court of Appeal A National Court of Appeal, often viewed as an intermediate appellate court between the High Courts and the Supreme Court, would be provided for in many countries due to the backlog of cases facing the Supreme Court. In India, the Supreme Court has a tremendous amount of caseload, and most of the cases brought before it are not constitutional in nature but rather run-of-the-mill appeals. This accounts for most of the backlogs. Division of the caseload through preparing an NCA, to dispose of general appeals at the NCA level and reserve 23 | Sept, 2024

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constitutional and important legal matters for the Supreme Court. This will also aid in directing the high court precisely toward its original mandate to interpret the Constitution and matters of national importance.

Constitutional Amendments: A National Court of Appeal demands constitutional amendments especially because, like India, the Constitution outlines the role and jurisdiction of the Supreme Court. It takes time and faces political resistance.

Current issues that are prompting restructuring Among them is the coercing of judicial reform and one such creation is the NCA, that emerges on many critical issues. The major reason for restructuring is that there is a huge backlog in the Supreme Court. The cases sometimes drag so much that the court is overburdened with cases ranging from monetary disputes, which are quite petty in nature, to very complex constitutional issues. The court hardly gives priority in cases that require immediate constitutional intervention when there is inadequate time and resources. Dilation of the role of the Supreme Court in the Constitution: The Supreme Court has gradually metamorphosed into a court of appeal for all types of legal disputes, thereby losing its original function as the actual protector of the Constitution. The reorientation of the NCA aims to reposition the Supreme Court back on the pedestal as a constitutional court. Access to Justice: The geographical distance most citizens are from the Supreme Court of most countries limits access to justice. An NCA would give litigants another layer of recourse on appeal without being required to approach the Supreme Court for every matter. This would also enhance access to justice amongst citizens who live far away from the capital center. Judicial Efficiency and Delays: Late justice is no justice at all. It is by restructuring and establishing an NCA that the judicial system could function efficiently, such that cases would be handled more promptly and justice delivered without undue delays. The Problems of Re-alignment While the cases for restructuring the NCA are quite attractive, challenges in its formation and operationalization do not seem far away:

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Jurisdictional Complexity: The question of ascertaining clear jurisdiction between the Supreme Court and High Courts concerning the Supreme Court's and High Courts' appeals is very knotty. In restructuring, it has to be maintained that the NCA does not tread upon the jurisdictions of the Supreme Court while effectively dealing with appeals. Resistance from Legal and Judicial Communities: Undoubtedly, the judiciary restructuring will cause a considerable stir within the legal community. Many feel that the current system should be further reformed rather than having one more layer of courts. They argue that judicial case management along with digitization, along with better appointment processes, would benefit much more than a new appeals body. Cost and Administrative Burden: Establishing a new court system is, by itself, such an extremely costly and administratively burdensome enterprise. The infrastructures to staff set up could deter governments from taking up the initiative. More importantly, duplicating what already exists without solving the root cause of the delay might prove counterproductive. Possible Advantages of NCA Despite the difficulties, reforming NCA may bring a lot of benefits to the judiciary: Relief to the Supreme Court: Its routine appellate cases may be directed to the NCA, so freeing the Supreme Court to concentrate on matters of constitutional vital importance, thereby making it work better and a better quality of jurisprudence. Timely Justice: It would mean quicker resolution of cases with reconfiguration. The judiciary may provide relief from the backlog by streamlining the process as well as making sure that the Supreme Court does not get overloaded.

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Specialization: A National Court of Appeal may pave the way for a more specialized focus on appellate matters, which can lead toward more uniform or consistent interpretation of law throughout the jurisdictions. Building Back the Prestige of the Supreme Court: If the NCA is reconstructed along constitutional and national lines, then it will help to reconstruct back the pride of the Supreme Court from being an over-burdened court of appeal rather than the high altar of constitutionalism. International Precedents for Re-Structuring Countries like the United States and Canada have established judicial systems in which top courts reach a decision on constitutional or issues of great import only; other appeals are dispensed by appellate courts. In the U.S. for example, Circuit Courts are appellate courts for most cases while the Supreme Court hears cases of national importance only selectively. It has therefore reduced the workload on the Supreme Court so much that it can focus its efforts on the development of constitutional law. Going by this, countries considering the restructuring of the NCA might get something to learn from the examples around the world to fashion a system that attains efficiency without compromising constitutional rights. Conclusion There is indeed a two-fold basis for the restructuring requirement of the National Court of Appeal: increased strains on modern judicial systems and the need to keep constitutional integrity intact. While the creation of an NCA could solve most of the problems besetting the current system, it also throws up quite a set of legal, administrative, and political issues. Thus, while the idea of an NCA has been long debated at least in countries like India, the decision to take the step towards its formation might be a major judicial reform move. However it needs to be done with utmost care in the implications for the overall judicial structure and access to courts. It may be that restructuring the National Court of Appeal is an essential piece towards holding up a judicature, if at all effective and more accessible and constitutionally aligned.

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