Shri Krishan and the Art of Advocacy

As the great war of Mahaabhaarat approached, Arjuna, a distinguished archer and seasoned warrior, renowned for his profound intelligence, emotional maturity and deep knowledge in various arts, was suddenly overtaken by a vision of the war's grim aftermath. This vision, which forecasted the demise of nearly 4.5 million valiant, heroic beings, plunging their families into despair and societal chaos, deeply troubled Arjuna. He saw the war not as a path to victory but as a catalyst for irreversible social disruption, leading him into a state of deep moral and emotional conflict.

This internal struggle can be likened to a judge, well-versed in law and social intricacies, who faces a dilemma in rendering a judgment. Here, the art of advocacy becomes pivotal. An advocate, through his understanding and foresight, must guide the judge to see the broader implications of their decisions and deliver a verdict that serves justice.

As Arjun shared his doubts with Shri Krishan, a generative dialogue ensued. Arjuna, intent on avoiding war, posed questions and raised concerns which has resulted in futuristic trauma. In response, Shri Krishan expounded on the nature of existence, the eternal truth, the cosmos, and the diverse paths towards self-realization. This dialogue mirrored an advocate presenting a case with comprehensive insight.

In Chapter 16 (shaloks 16.01–16.05), Shri Krishan describes the twenty-eight divine attributes, contrasting them with sixty-four characteristics of asuric, toxic and narcissistic nature (shaloks 16.04–16.20). These qualities, eternal in their existence, manifest in various combinations within every human, underscoring the importance of awareness of such beings around us and deal with them appropriately.

In Chapter 10 (shaloks 10.20–39) Shri Krishan details seventy-six attributes of the supreme being, illustrating the grandeur of the cosmos. This exposition is akin to understanding the jurisprudence of the universe. In Chapters 14, 17, and 18, Shri Krishan elaborates on the three gunn – sattva, rajas, and tamas – and their manifestation in various life aspects. He discusses shradha, worship, austerity, food, yagye, speech, charity, knowledge, action, the doer, intellect, firmness, and happiness. This comprehensive overview offers deep insights into these fundamental concepts and basic structure.

Shri Krishan expounds all possible paths chapter after chapters. Chapter 2 - Saankhye Yog, the path of Self Knowledge; Chapter 3 – Karm Yog, the path of action; Chapter 4 – Gyaan Karm Sanyaas Yog, the path of knowledge, action and renunciation; Chapter 5 – Karm Sanyaas Yog - the path of action and renunciation; Chapter 6 – Aatm Sanyam Yog, the path of Self-Restrain; Chapter 7 – Gyaan Vigyaan Yog , the path of Knowledge and Science; Chapter 8 – Akshar Brahm Yog - The path of Imperishable; Chapter 9 – Raaj-Vidya Raaj - Guhye Yog - the path of wisdom and mysticism; Chapter 12 – Bhakti Yog - the path of devotion and surrender; Chapter 18 – Moksh Sanyaas Yog - the path of renunciation and emancipation. All these words of wisdom are to help us to find what is true for us.

In Chapter 11, Vishwarup Darshan helps Arjun experiencing the universal form of the cosmos. Sanaatan knowledge and wisdom is not merely rhetoric, logicalizing or dialectics where the entire effort is to win and establish intellectual superiority but is all about transmission of and having cosmic experience, it’s like having a clear vision of the facts, jurisprudence, law and the social impact in the larger sense. This experience transcends mere intellectual debate, emphasizing a holistic understanding and experience of cosmic truths.

Ultimately, Shri Krishan's guidance empowers Arjun to fulfil his duty as a warrior with the active renunciation of a Drishta (observer) rather than a Karta (doer). This reflects the role of an advocate in legal proceedings, guiding a judge towards a well-considered judgment.

The Complex Dynamics of Religious Conversion or Why Conversion?

         India's modern history begins from the end of Mahabharat and nirvaan of Shri Krishan, more than 5000 years back. India successfully resisted Alexender march into its heartland and attained golden age, during the Gupta Period, spanning from 400 to 660 AD, marking a time of cultural and scientific prosperity. However, the following 1300 years, from 660 to 1947, were marred by foreign invasions and exploitation. This era witnessed the destruction of temples and concerted efforts to erode India's cultural and heritage properties. Despite these challenges, India's deep-rooted spiritual strength, which transcends physicality, ensured its survival. This resilience is reflected in the Indian Constitution, which embodies democratic principles, as evident in the preamble and key articles (14, 19, and 21), along with the Directive Principles of State Policy and Fundamental Duties.

        Globally, the religious population is divided among various beliefs, with Christianity and Islam being the two largest.

Sl.	Religion	Percent	Population
1	Christianity	31%	2,511,000,000
2	Islam	24.90%	2,016,900,000
3	Unaffiliated	15.60%	1,263,600,000
4	Hinduism + Sikhism	15.50%	1,255,500,000
5	Buddhism	6.60%	534,600,000
6	Folk Religions	5.60%	453,600,000
7	Others	0.80%	64,800,000
	Total	100%	8,100,000,000

 Forceful conversion has been a significant and controversial issue associated with Christianity and Islam since their inception. Christianity, rooted in the teachings of Jesus from the mid-first century, and Islam, established in 622 after Muhammad's migration to Medina, both encompass historical narratives that intertwine with the concept of conversion. Notably, certain factions within these religions, particularly some missionary Christians and followers of Sunni Islam, have historically pursued conversion efforts based on interpretations or misunderstandings of their respective philosophies. These interpretations, often espoused by a minority within these religious groups, tend to inflame passions among their followers. This fervor has sometimes led to conflicts, both within these religious communities and with those outside them.

Such actions often stem from a few individuals or groups within these religions who interpret religious texts and teachings in ways that justify or encourage forceful conversion. This (mis)interpretation of religious doctrine has contributed to a history of inter-religious strife and tension, impacting social and cultural dynamics globally. The fundamental goal for both Christianity and Islam appears to be achieving a majority population status. However, this is a complex and potentially unattainable goal, considering the diverse global religious landscape, where approximately 45% of the population adheres to other faiths or beliefs. The philosophical differences in the concepts of salvation or spiritual liberation among various religions are notable. For instance, in Hinduism, the concept of 'moksha' (liberation) and 'nirvana' in Buddhism emphasizes individual karma and spiritual growth, contrasting with the Christian belief in salvation during the Day of Judgment and Islamic views on 'Qayamat' (Day of Resurrection), both of which will arrive when they are in majority.

Efforts to convert populations have profound impacts:

❤ Alteration of the subcontinent's civilizational character.

❤ Exploitation of ethnic diversity and undermining of the notion of a unified cultural identity.

❤ Promotion of the belief that local cultures are products of invasions or migrations.

❤ Creation of societal conflicts and divisiveness on religious, caste, and economic grounds

❤ Denigration of intellectuals and nationalists.

❤ Economic and cultural impoverishment through various means, including armed conflicts and                terrorism.

❤ Deployment of inducements like free medical services and education for conversions.

❤ Encouragement of drug use and other forms of entertainment as tools for conversion.

❤ Humiliation and degradation of ancient ethnic cultures and spiritual values.

The practice of converting individuals through allurements, threats, or intimidation contradicts the principles of democracy, which is a fundamental aspect of the Indian Constitution. Such practices also violate the spirit and letter of Articles 14, 19, and 21 of the Constitution.

Shri Ram and Art of Advocacy

Shri Ram chose Angad, son of Raja Bali, to be his emissary to Raavan, highlighting the futility of a looming war that threatened the lives of about 50 million warriors. This decision initially faced opposition from Laxman and Sugreev, particularly because Shri Ram had recently slain Raja Bali. However, Shri Ram convinced them by detailing Angad's exceptional qualities as an ambassador which are must for every good advocate.

Presentation: Angad’s demeanor, attire, posture, and body language struck the perfect balance between humility and confidence. His approach was that of a seeker – engaged but not passive, straightforward but not arrogant, and casual yet alert.

Delivery: Angad’s speech delivery was meticulously balanced. His speech pace enabled clear understanding, and the pitch of his voice was pleasing and well-modulated. He articulated each word impeccably, ensuring clarity and ease of comprehension.

Emphasis and Pausing: His mastery in emphasizing key words and strategically pausing during speeches allowed the audience to absorb and reflect on his words. This skill demonstrated his self-confidence and understanding of the audience’s perception.

Body Movements: Unlike many speakers who use excessive gestures, Angad maintained a composed demeanor. He engaged directly with his audience, establishing eye contact and keeping their attention focused on the content of his speech.

Knowledge and Humility: Renowned for his intelligence, Angad was well-versed in the Vedas, Puranas, and Upanishads, and deeply understood the political and social contexts of his times. Despite his profound knowledge, he displayed remarkable humility, speaking only what was relevant to the matter at hand.

Client Representation: In representing his patron, Angad consistently protected his interests, maintaining integrity and dignity without allowing personal biases to influence his advocacy.

Concluding Effectively: Understanding the art of communication, Angad knew precisely when to conclude his submission and when to sit down, ensuring his message was delivered and comprehended effectively.

In my nearly 48 years at the Supreme Court, I have observed, interacted and briefed the top senior advocates, each possessing unique talents and contributing significantly to the field of law.

Mr. C.K. Daphtary, the second Attorney General of India, was distinguished for his wit and presence, even as age slowed him down.

Mr. Lal Narain Sinha, the fifth Attorney General, showcased exceptional precision and humility in the Rangnath Reddy Case. His arguments were so captivating that judges paid extra attention, ensuring they didn’t miss a word.

Mr. Nani Palkiwala in the Minerva Mills Case, representing the State of Rajasthan, had a unique talent for simplifying complex legal matters with relatable examples and had a commanding grasp of facts and figures.

Mr. Ashok K. Sen, the longest-serving Law Minister, had a phenomenal memory, recalling intricate details of briefs and cases years later. His knowledge spanned across statutes and judgments, and his personal library was a testament to his dedication to law.

Mr. F.S. Nariman's ability to distil complicated issues to their core principles was remarkable, as was Mr. Soli Sorabjee's court craft, which I witnessed in many cases.

Justice S.C. Agarwal, my first senior and a retired judge of the Supreme Court of India, was known as the walking encyclopedia of Supreme Court Judgments. His memory for citations was extraordinary.

Mr. R.K. Garg, emphasized the Supreme Court's role in societal change, advocating for National Socialism as a constitutional goal. His perseverance in constitutional jurisprudence was unparalleled.

Mr. P.R. Mridul, an expert in the English language and oratory, had an unmatched command of the language. He diligently practiced new words and applied them effectively in his arguments, reminding us that law is not merely about knowledge but its application to specific facts.

Advocacy is the manifestation of spiritual energy rooted in truth and justice. This energy is essential for the development of a conflict-free society living in harmony, dedicated to a higher cause.