Justice is not judiciary dependent – Mediation and AI are the future of justice

Traditional courts, arbitrations, tribunals, commissions, and other judicial authorities constituting the justice delivery system—long regarded as the final bastion and once seen as the ultimate guardian of fairness, accountability, and civil order—have always been under intense scrutiny. But now, they face a deep and growing crisis of existence. The disillusionment resulting from delays, inconsistencies, and inefficiencies pervading these institutions is leading to a massive erosion of public trust. At the heart of this breakdown lies a painful truth: the failure of judges, arbitrators, and advocates to deliver justice in a timely, impartial, and competent manner.

The failures of judges, arbitrators, and advocates—whether through delay, bias, negligence, or incompetence—are not merely unfortunate. This systemic failure is not just regrettable—it is accelerating a historic shift towards alternatives. They have triggered an exponential rise in the demand for alternative models of dispute resolution. Mediation and AI-driven adjudication are fast emerging as the twin pillars of a new era of justice—one that is more accessible, equitable, and future-ready.

Cracks in the Legal Edifice: As the System Fails

All human relationships are based on trust. All conflicts and disputes arise from a breach of trust. Justice means providing just and reasonable compensation to the wronged party through timely resolution. However, in many jurisdictions—especially those burdened with colonial legacies, archaic procedures, and adversarial inefficiencies—the following trends are increasingly visible:

1. Judicial Idiosyncrasy and Perception Bias: Law is meant to be a handmaid to justice. However, the outcome of a case is often shaped by the personal worldview, mood, temperament, or background of the presiding judge, and the interpretation of law is structured accordingly. Justice becomes arbitrary when it rests on individual perception rather than structured reasoning and consistent jurisprudence. When outcomes hinge on subjective perceptions rather than objective reasoning, justice becomes erratic and unreliable.

2. Advocates as Dispute Resolvers or Roadblocks: Lawyers, as facilitators of justice, are meant to help judges deliver justice—but many become its saboteurs. Through negligence, incompetence, or even collusion, some advocates become impediments. They mislead clients, exploit technicalities, delay proceedings, and find loopholes for personal gain. Some of them are even proclaimed as great advocates, yet they have eroded public confidence in the legal system, causing irreparable harm and widespread disillusionment.

3. Porous, Uncoordinated, and Fragmented Judicial Processes: Judicial systems are often slow, porous, and uncoordinated. The hierarchy from trial courts to the Supreme Court allows habitual and rampant adjournments, missing records, procedural abuse, and lack of systemic accountability—crippling courts and tribunals. Fundamentally, the breaching party rarely wishes to compensate the wronged party and instead uses the best legal services to avoid it through ingenuity. 

The result is not just delay—it is denial of justice. Every litigation involves a litigant, their family, friends, and colleagues—all waiting for justice. The cumulative result is that citizens are suffering and have lost faith in the very notion of a fair and accessible justice system.

The Rise of Mediation: Justice through Generative Dialogue and Resolution

As faith in adversarial litigation and adjudication wanes, mediation is gaining prominence—not as an alternative, but as a superior first resort. Unlike court battles, mediation is collaborative, cost-effective, and focused on resolution where both parties win, rather than adjudication where one party wins and the other loses. It is:

·  Customized, person- and context-sensitive

·  Speedy, confidential, and cost-effective

·  Non-adversarial, non-technical, solution-centric

·  Empowering, allowing parties to co-create outcomes

·  Ethical, empathetic, and inclusive

Unlike judges and arbitrators who adjudicate based on records submitted by advocates and impose outcomes under threat of contempt, mediators facilitate deeper understanding of conflicts, enabling parties to arrive at meaningful solutions. Where litigation demands proof of past events, mediation allows space for shaping future relationships. It replaces the win-lose paradigm with collaborative problem-solving grounded in mutual respect.

The Emergence of AI Judges, Advocates and Legal Advisors

Artificial Intelligence is set to revolutionize justice delivery—just as it has transformed healthcare, logistics, and finance—by automating, accelerating, and democratizing access. AI is immune to fatigue, ego, or influence by seniority or sensationalism. Trained on vast datasets of judgments, statutes, parliamentary debates, and policy documents, AI systems can:

·  Deliver neutral, precedent-consistent judgments

·  Offer accurate legal predictions based solely on facts

·  Provide on-demand legal advice at scale

·  Reduce human error, bias, and inefficiency

·  Regulate filing processes and eliminate procedural errors

In high-volume, low-value disputes—where delays cause disproportionate hardship—AI could soon become the preferred adjudicator. The question is no longer whether AI can deliver justice, but whether humans can afford to deny it any longer.

The Ethical Imperative: No One Should Suffer for Systemic Failure

Justice must never be a gamble or left to chance. It must not depend on the temperament of a judge or the preparedness of an advocate. A just system must ensure:

· Universal access, irrespective of wealth or status

· Consistency and predictability, rooted in law—not personality or perception

· Timeliness, because justice delayed is justice denied

· Integrity and professionalism at every level of the process

· No citizen should lose a case due to a judge’s subjective bias

· No business should collapse because of a lawyer’s negligence or lack of preparation

· No system should claim legitimacy if it routinely fails the very people it is meant to serve

Peeping into the Future

We are living through Legal Revolution 5.0—an era defined not just by digitization, but by moral clarity and systemic reengineering. A future where technology, ethics, and human wisdom converge to create a more inclusive and responsive justice ecosystem. This transformation will lead to:

·  Mediation becoming the first step in all civil, commercial, and relational disputes

·  AI integration into the core of judicial and regulatory systems

·  Reorientation of judges and advocates from status-seekers to service providers

·  Radical transparency, accountability, and citizen-focus in legal institutions

The future of justice will not be built in the shadow of failing judges, arbitrators, or crumbling courtrooms. It will be built in the light of restorative dialogue, intelligent systems, and empathetic resolution. If the human judiciary continues to falter, it is both inevitable and just that people will turn to machines that do not err, and processes that do not exploit—systems that are faster, fairer, and freer from bias.

Mediation and AI are not threats to the legal profession—they are the course correction it desperately needs. They do not diminish the legal profession; they redeem its purpose. If judges, arbitrators, and advocates do not evolve—do not rise to the occasion—the gavel will not just fall silent, it will be replaced.

Shrimat Bhagwad Geeta Conclave - Art of Advocacy - O.P.Jindal University, Sonipat -May 7, 2025

From the time I gained consciousness, certain sutr of the Shrimat Bhagavad Gita—specifically sutr 36 to 46 of Chapter 11—have echoed in my ears and seeped deep into my soul. These verses were spoken by bewildered Arjun in praise of Shri Krishan in a state of shock, awe and reverence having witnessed the vishwaroop. They were recited every morning during family prayers in my maternal grandfather’s home. That sound, that wisdom, became a part of me before I even fully understood it.

I first had the occasion to recite the Hari Gita by Dina Nath Dinesh at the age of 13, alongside elders, during the mourning period following my maternal grandfather’s passing. That experience left an imprint far deeper than I realized at the time. When I was in my final year of law college, at the age of 21, I attended 365^th Geeta Gyaan Yagye at Jodhpur by Swami Chinamayananda, 12^th Chapter of Shrimat Bhagwad Geeta and Naarad Bhakti sutr. Thereafter my paternal grandfather—himself a deeply realized soul—gifted me my first personal copy of the Shrimat Bhagavad Gita, translated by Swami Chidbhavananda of Kerala, which I hold even today as my prized possession. I read it and re-read it several times. And I can say with certainty—it opened my mind forever.

Over the years, I immersed myself in the works of the world’s great thinkers—Aristotle, Plato, Spinoza, Machiavelli, Epicurus, Kant, Hegel, Marx, Bertrand Russell, Emerson, Ernest Hemingway, Ayn Rand, Paulo Coelho. Each of them offers a unique insight into human nature, power, ethics, society, and spirit. And yet, I say this with deep conviction: there is no text—neither in the East nor in the West—that offers a more profound and complete exposition of universal philosophy than the Shrimat Bhagavad Gita.

It is timeless. It is transformative. It is unmatched in depth. Every great philosopher—whether consciously or not—has been touched by its essence. But beyond its spiritual and philosophical richness, I tell you this: no other book better reveals the art of advocacy. And I say that not as a philosopher, but as someone who has spent nearly five decades inside the courtrooms, almost 49 years in the Supreme Court of India.

I know that many of you here have read, studied and must have felt the essence and power of Shrimat Bhagavad Gita in some form or another. Today, I invite you to revisit it—not just as a sacred spiritual text, not just as a guide to personal enlightenment, but as a masterclass in advocacy—As practiced by none other than Shri Krishan himself. For the next 20 minutes, let us walk this timeless path together, with our mobile phones in our bags.  Let us examine, layer by layer: The key players, the battlefield setting, the looming trauma of what is to come, the profound and generative dialogue, the direction offered at every turning point, and finally, the goal it ultimately seeks to achieve.

This journey, believe you me, is not ancient history. It is our own legal ecosystem, mirrored in epic form. Shri Krishan is 89 yrs old, a senior advocate. Arjun, around 64 yrs old an experienced judge, gripped by ethical conflict and futuristic trauma, kurukshetr is the courtroom and what expounds is Gita, our spiritual jurisprudence, our directive principle, various paths that can be followed, sustainable development goals as defined by United Nations which should be undertaken, and finally the goal— the transformation from a karta to a drishta.

Let us begin with the Players, the key characters. One embodying absolute truth and various dimensions of life and other who needs to understand the irrelevance and transitionary nature of conflict, evolve, understand the larger cosmic design and perform or undertake the action in hand with perfection as drishta, not as karta.

1. Shri Krishan is a Poorn Avataar, a complete manifestation of the cosmos in physical form. He embodies three essential forms - prakriti—the physical world and human faculties: ego, mind, and intellect, Jeev or Ishwar—the individual soul, the cosmic energy within each of us, parameshwar or brahm—the infinite, total cosmic energy. What makes the Gita truly profound—and at times, difficult to grasp, especially for Western philosophers is Shri Krishan’s seamless movement between these three forms. He speaks sometimes as human being, sometimes as the aatma, and sometimes as the pramaatama. Unless one is fully aware of these distinct dimensions of his cosmic presence, Gita will remain only partially understood. Krishan’s role is akin to that of a senior advocate—he is learned, a philosopher, a strategist, and a wise counsellor. His advocacy is not limited to arguments, it is complete understanding of spiritual jurisprudence rooted in compassion, cosmic order, and timeless truth.

2. Arjun is a kshatriye, not just a warrior but a master archer, a man of high intelligence, disciplined, full of valor, have fought many battles and wars. But just before the great war of Mahaabhaarat, standing on the battlefield, something changed in him. Suddenly, he is overwhelmed by a vision—not of victory, but of destruction. He sees not triumph, but the death of nearly 4.5 million gallant warriors. He sees 4.5 million widows, fatherless children, broken families, collapsed societies, and a future scarred by grief. The war, in his eyes, now threatens to destroy the very social fabric, which as a king he must protect. This moment is akin to a distinguished judge, someone who has spent a lifetime interpreting law with precision and objectivity, suddenly confronted with a case so critical, so consequential, that he foresees its impact of the society as a whole and impact on generations to come, the outcome could be catastrophic. He hesitates. He seeks to run away from the war and adjourn the war, weighing the implications, consequences and after affects. 

At such a turning point, the art of advocacy becomes not just relevant—it becomes essential. And Shri Krishan, the advocate par excellence, steps forward. With clarity, insight, and compassion, he begins to build his case—not through imposition, but through a generative dialogue. He listens, he explains, he dismantles doubt, and step by step, he guides Arjun out of his paralysis and into purpose. That is true advocacy.

3. The Goal and the Path - The Gita also helps us to understand, the most fundamental question: What are we all striving for? Whether you are a student, a parent, a lawyer, a judge, a professional, an entrepreneur—or even a policy maker in government—the question is universal: What is the end goal? Is it wealth? Fame? Peace? Health? Power? Wisdom? Happiness? Or spiritual liberation? Shri Krishan’s divine mission had two objectives - First, to rid the earth of evil at the close of the Dwaapar Yug and second, to expound and firmly establish a philosophy so profound that it could transform Arjun—not just from Karta, the doer, into Drishta, the observer—but also serve as an eternal compass for humanity through the period of Kaliyug.

From killing Pootna at just three days old, to vanquishing the many Asuras sent by Kans, to slaying Kans himself, and later eliminating Shishupal, Jaraasangh, and ultimately the mighty warriors of Kaurav—Bhishm, Dronaachaarye, Karn, and many more. Shri Krishan did not just fight evil. He uprooted it. And in doing so, he laid the foundation of a universal spiritual philosophy that continues to guide us, even today. Shri Krishan did not just tell Arjun to fight a war, he simply empowered him with wisdom to face our inner battles—with courage, with clarity, and above all, with consciousness.

Let us all here learn not just from the Gita, but from the advocate within it. At the heart of the Shrimat Bhagavad Gita lies a philosophy that urges each one of us—just like Arjun, paralyzed by futuristic trauma on the battlefield—to evolve. To move from Karta, the doer consumed by action, to Drishta, the seer anchored in awareness and perform all our action to its perfection. To shift from the subjective, clouded by emotion, to the objective, guided by clarity. And my dear friends, that is the highest transformation we, as lawmen—whether advocates or judges—must undergo. Never lose your sense of justice, objectivity and the larger cosmic design. 

Shrimat Bhagavad Gita is composed of 701 sutras, divided into 18 chapters. The contributors are - Dhritraashtr– 1 sutr, Sanjay – 40 sutr, Arjun – 86 sutr, Shri Krishan – 574 sutr. Gita is not a monologue—it is a dialogue in the form of Geet. A transformational exchange between doubt and wisdom, between the confused mind and the enlightened soul. As the conversation unfolds, Arjun raises 15 questions. At one point—even challenges Shri Krishan's authenticity itself (sutr 4.4): “How can I accept that You taught this wisdom to the Sun God in ancient times when You were born just recently?” That’s not just a question. That is scepticism born of inner conflict. And yet, Krishan does not get offended. He does not assert authority. He answers—smilingly, gently, patiently, with calm wisdom.

This is the art of true advocacy—not domination, but persuasion rooted in clarity. Arjun, gripped by fear of the unknown and burdened by foresight, uses every conceivable argument to stall the war. He knows that if he, the central warrior of the Pandav, refuses to fight, the war halts. In the first eight questions, up to Chapter 6, Arjun challenges Shri Krishan continuously—often without fully understanding the implications of either his doubts or Krishan’s answers. Yet Krishan responds to each question with a smile. He knows that the blowing mind, when heard with patience, will eventually settle. He knows that the real transformation will eventually come.

It is much like what happens in court. A judge asks sharp, even sceptical, questions. The seasoned advocate listens calmly, answers precisely laying the groundwork for the final submission. The early exchanges are not distractions. They are necessary, they build the foundation of faith, trust and conviction. Then comes Chapter 8—a turning point. Here, Arjun raises deep, fundamental questions:

"What is Brahman? What is Adhi-aatma? What is Karm? Who is Adhi-bhut? Who is Adhi-daiv? And who is Adhi-yagye in this body, O Krishan? And how are You to be known at the time of death by the self-controlled? (sutr 8.1–8.2). These are not mere academic queries. These are existential inquiries, and Shri Krishan answers them all—defining the divine attributes, the eternal essence, the soul’s journey, and the cosmic laws. In Chapter 10, Krishan expands further. He reveals 76 divine manifestations of the cosmic order—each one symbolic, universal, and deeply philosophical.

Among them, as described in Sutra 10.34, he lists seven attributes that are distinctly feminine: Fame (Kīrti), Fortune (Śrī), Speech (Vāk), Memory (Smṛti), Intelligence (Medhā), Firmness (Dhṛti), Forgiveness (Kṣhamā). And then he says something truly extraordinary: Of all forms of fame, the greatest is the fame of motherhood. There is no higher glory. It is a distinction and a divinity unique to women.

These qualities are not just virtues. They are manifestations of the cosmos itself. Understanding them is akin to understanding the jurisprudence of the universe. So, as we study this sacred dialogue, let us not just admire its poetry or memorize its verses. Let us learn its advocacy. Let us absorb its jurisprudence. Let us awaken the Krishan within us—calm, wise, unwavering. And refine the Arjun within us—seeking, struggling, and ultimately, surrendering to truth.

The Shrimat Bhagavad Gita is not just a scripture—it is a transformational guide to life. It offers the deepest, most profound insights into the nature of beings, the Atma—our soul, the Devtas—divine forces, the relationship between humans and these divine energies, and finally, Brahm—the total cosmic energy that permeates all existence.

One of the greatest challenges in understanding the Gita lies in the way Shri Krishan seamlessly moves between his various forms—as a human being, as the Atma, and as the Paramaatma. These transitions are so subtle, yet so significant, that even serious seekers often find themselves overwhelmed.

But more than that, the second chapter—Saankhye Yog—is itself a complete and complex philosophical frame work.It is profound because of its simplicity, and therein lies the paradox. Unable to grasp its depth, many enthusiastic readers give up right at the beginning. And that is why, friends, my suggestion to beginners is this: Start with Chapter 16. In Chapter 16, sutras 16.01 to 16.05, Shri Krishan clearly lists 28 attributes of divine nature—qualities that support spiritual evolution and contribute to harmony and growth. In contrast, from sutras 16.04 to 16.20, he describes 64 traits of those consumed by asuric tendencies—those who are toxic, narcissistic, and destructive. These qualities, though ancient, are timeless. They manifest in various combinations within us and around us, even today. Being aware of them is essential—so we can deal with such energies effectively and consciously.

In Chapters 14, 17, and 18, Shri Krishan then elaborates on the three gunas—Sattva, Rajas, and Tamas—and how they manifest in every dimension of our lives. He discusses shraddha, worship, austerity, food, yagya, speech, charity, knowledge, action, the doer, intellect, firmness, and happiness. It is a comprehensive jurisprudence of consciousness—a blueprint for understanding human nature, intention, and behavior in all its complexity.

Across the Gita, Krishan lays out all possible paths that a human being might take in their journey toward truth and fulfilment. Chapter 2 – Saankhye Yog – the path of self-knowledge, Chapter 3 – Karma Yog – the path of action, Chapter 4 – Gyaan Karma Sanyaas Yog – the path of knowledge, action, and renunciation, Chapter 5 – Karma Sanyaas Yog – the path of active renunciation, Chapter 6 – Atma Sanyam Yog – the path of self-restraint, Chapter 7 – Gyaan Vigyaan Yog – the path of knowledge and experiential science, Chapter 8 – Akshar Brahm Yog – the path of the imperishable, Chapter 9 – Raaj Vidya Raaj Guhya Yog – the path of royal wisdom and mystery, Chapter 12 – Bhakti Yog – the path of devotion and surrender, Chapter 18 – Moksha Sanyaas Yog – the path of liberation and renunciation

Each chapter is a torchlight. Each is designed to help us find what is true for us—not imposed, not theoretical—but experiential and real. In Chapter 11, Krishan grants Arjun the Vishwaroop Darshan—a vision of the entire cosmos in one divine form. This is not just knowledge. This is cosmic experience. And that, dear friends, is the true essence of Sanaatan wisdom. It is not about winning debates. It is not about proving intellectual superiority. It is not about dialectics or rhetoric, It is about generative dialogue. It is about the direct transmission of truth—truth that must be experienced, not just argued. Truth that is felt, not merely understood.

It’s like the clear-eyed vision of a judge—who sees the facts, understands the law, weighs the social impact, and perceives the full spectrum of consequence, all at once. In the end, Shri Krishan does not ask Arjun to fight as a Karta—a doer. He lifts him to the level of a Drishta—an observer. One who is unattached, objective, and deeply aligned with dharma. And to me, that is the highest role of an advocate. To guide the judge with clarity, foresight, and wisdom. To speak not just to the law, but to the truth of justice itself. To help shape judgments that endure—not just legally, but morally. Let us learn from the Gita. Not just its philosophy, but its method. Not just its words, but its wisdom. We are each placed into this world by a principle of cosmic design. Born in a particular place, at a particular time. To a specific family, with a distinct colour, caste, gender, belief, aptitude, and attitude. Given unique friends, mentors, and professions.

We are not meant to imitate. Remember this—imitation is suicide. Each of us has our own land to till. And we must till it alone, no matter the outcome— Good, bad, or ugly. Gita teaches us this eternal truth: Work to your own perfection, every moment. Live with awareness and joy, every moment and experience the bliss of your own existence. That is the message of the Gita for us all.

Art of Advocacy

         I am not a bearer of any of the seven lamps. I am only a mirror, to reflect the brilliance, wisdom and genius articulated by the insightful speakers, flashing light all around.

        Since the beginning of civil society, all the kings and every common man, needed professional help to objectively express his concerns, interests and entitlements, against violation of laws and his rights, perpetrating illegalities and breaches of contract and trust. This is the only profession in the world, where one is paid to search the truth and speak for justice, fearlessly.

        Back into the history, about a million years ago Shri Raam decided to send Angad son of Raja Baali to be his Advocate before Raavan and make him understand the futility of war, which would wipe out, about 50 million warriors. There was a stiff resistance by both his younger brother Laxman and Raja Sugreev against sending of Angad, particularly because Shri Raam had killed Raja Baali, only a few days back.

        However, Shri Raam narrated to them the skills of Angad and that settled the issue. Angad had all the attributes of a great advocate and that was the confidence of Shri Raam in him. Let's me share them with you -

1. First was his presentation as a person, attire, posture and body language. It was humble but not meek, it was straight but not arrogant, it was like a seeker, but not passive and finally it was casual but not devoid of alertness.

2. The speed of his speech delivery, was neither too fast nor too slow. Just perfect to enable the listener, to be able to hear and understand each word clearly. The pitch of his voice, was neither too high, nor too low. It was just audible to the hearer, with pleasure. Finally his pronunciation was impeccable. Every word was pronounced correctly with clarity. The voice did not carry any accent or inflection. 

3.He knew which word had to be emphasised and when to pause between the words. Pausing is always essential to help the audience contemplate on what they had heard and relate it to the issue in hand. All this comes from self-reliance and self-confidence on the impact he is making

4. He had no moments of his body, while making his submissions. Like some speakers who continue to move up, on their toes, move their hands or eye brows. He would talk straight eye to eye, without allowing any digressions. Keep the audience focussed, to the words and their content.

5. Angad was the most well-read and intelligent person during his times. He was well versed in all the 4 Veds, 18 Puraans and 18 Upanishads and the entire political and social milieu. He is self-actualised, learned it by his deep insatiable desire to go deep into the fundamentals and basis of every issue. But he will never make any effort to brag about his knowledge. He will only speak the relevant, to the context.

6.He was representing a patron and will always protect his interest. He will do nothing that will impair the interests of his client, at any cost, by perpetrating his own prejudices. He will always maintain the dignity of the person, he is representing, fearlessly.

7. And finally he knew when to stop speaking. Having made his point and having realized that the person hearing has understood, he  will close his dialogu

        Now we move forward to about 5,000 years ago and find Shri Krishan advocating a reluctant Arjun standing between about 4.5 million warriors during Mahaabhaarat. Arjun a very experienced and intelligent warrior had developed a cold feet, looking to the grave consequences of his actions, in which all of them may die. He like an unwilling and hesitant judge did not wish to act and decide the case and was finding ways to get an adjournment. As Arjun put his seven questions on existing issues and conflicts, one after another, Shri Krishan with immaculate precision and perfection, narrated to him the entire cosmic interplay and resolved the conflicts, for all times to come. Not ignoring any one of them, but making him understand the philosophy behind them

        Shri Krishan not merely helped Arjun understand the Truth, but also brought about realization and enlightenment, to enable him to see beyond the mundane and the ephemeral and act to his perfection and enjoy the bliss of his action. Shri Krishan always smiling, developed the arguments on his legs and never told Arjun as to what he should do. He empowered Arjun to think correctly and act exactly the way Shri Krishan wished him to act, in the existing facts and circumstances. That perhaps is the greatest art of advocacy, unlike the dialectics and rhetoric prevalent during the times of Socrates, Plato and Aristotle

        We now come to the present age. Each senior in Supreme Court whom I have watched, briefed and interacted, in last about 45 years of my being there, had a unique gift. Apart from all that we have heard from the profound speakers today, let me share with you my personal experiences

        Mr. C.K.Daphtary the 2^nd Attorney General of India, whom I saw moving slowly with a stick in the corridors of Supreme Court, was famous for his wit.

        I briefed Mr. Lal Narain Sinha, the 5^th Attorney General of India in Rangnath Reddy Case. He was extremely unassuming, simple, humble, very precise and absolutely non-repeating. The judges were always extra attentive, when he was making his arguments, lest they may miss a word

        I had occasion to hear Mr. Nani Palkiwala in Minerva Mills Case, while I was representing State of Rajasthan. He would give easy to understand common examples and had a total command on facts and figures

        Mr. Ashok K. Sen the longest serving Law Minister of India in cabinets of three generations of Prime Minister – Jawaharlal Nehru, Indira Gandhi and also Rajeev Gandhi had the memory of an elephant. He could tell you the page numbers of your brief, years after you had briefed him. He knew every objects and reasons of all statutes. He knew almost all the judgments of Privy Council, Federal Court and House of Lords, like the back of his hand. His library was better equipped than Supreme Court Judges Library

        Mr. F.S. Nariman has a robust common sense, very quick in reducing complicated issues to first principles.

        Mr. Soli Sorabjee had an outstanding court craft. I have seen it in many matters in which I briefed him

        My first senior Justice  S.C. Agarwal, who retired as judge of Supreme Court of India, was called the walking encyclopaedia of Supreme Court Judgments. He had citations of all judgments in his head and would open them up, as a juggler takes out handkerchief out of his hat.

        Mr. R.K. Garg another senior and partner of Mr. S.C.Agrawal always told me, learn to use the Supreme Court as a tool for social change. He continued to argue National Socialism as the constitutional goal and saw the Supreme Court move in that direction. His perseverance and contribution in development of constitutional jurisprudence is unparalleled

        I have not seen another senior like Mr. P.R. Mridul, with whom I was associated for about four years, having better command on English language and fluency in oratory. He would regularly read novels and would pronounce every new word twenty times that he came across, to get it on his tongue. His classic and constant reminder was, law is not mere knowledge but application of it, to the facts in your hand

        Friends Advocacy is the expression and manifestation of the spiritual energy of truth and justice, which alone can lead to development of a conflict free society living in harmony and bliss, with allegiance to a higher cause – in the words of Justice Dipak Misra.

        Thanks to Mediation Steadfast, Australia and Nivaaran, Mediators of Supreme Court of India, for giving me this opportunity to share my thoughts on, the Art of Advocacy

Webinar

June 13, 2021

On Being a Son of a Judge - 10.10.1978

    I am not aware of the 'olden golden' days nor of the 'future platinum', but today it is a sin to be born in a family of people who are still able to hold to some values of life, an integrity and work hard.  In Chapter VI, shlok 40 - 41 of Bhagavad-Gita in reply to Arjuna’s query, as to what end does that person meet, who though possessed of faith, is unable to control himself and whose mind deviates from yoga, the Blessed Lord articulates -

      
   "O Partha, neither in this world nor in the next is there destruction for him, the doer of good, O my son, never comes to grief. Having attained to the worlds of the righteous and having lived there for countless years, he who falls from yoga is reborn in the house of the pure and the prosperous"

   
   I was born and think that similarly several others must have been born in families who still think that purity, integrity and character gives you happiness and takes you to prosperity and up in the social ladder. It is not necessary to resort to manipulation or 'dinner diplomacy', which seems to be the way of the world today. Scott Newman son of Paul Newman said I got no nepotistic help from my father or not much “The only thing my dad helps me get is my foot into the door. But no one in my right mind is going to hire somebody to handle a part just because I’s somebody’s son”.

  
    My grandfather was the first person in Jaipur to do BA in English in 1914. He obtained LL.B degree in 1926 and joined judicial services in the erstwhile State of Jaipur on January 7, 1929 as Munsif Magistrate. He had an  integrity of characters and a confidence in the cosmic energy. He retired as the first Registrar of High Court of Rajasthan on March 31, 1951.

    My father obtained LL.B degree in 1946 and joined the bar in 1948.  From 1958 to 1973, I had not seen him sleeping before 2 ‘o’ clock in the night. He used to communicate with clients, scribbling on postcards, while he took us to a cinema hall. He was elevated as a judge in 1973. No client ever thought of entering our house. He may not be an outstanding judge, but he was known for my perseverance, integrity and hard work.

    
    Having graduated from Jodhpur in Rajasthan and being a son of a judge, I walked into the Supreme Court on August 01, 1976 and joined the bar on September 03, 1976. I had left Jodhpur with a single attaché, one Bhagavad-Gita, seven volumes of ‘Complete works of Swami Vivekananda’ and Essays by Ralph Waldo Emerson as my prized possession. But as I write this article I feel that to be born as a son of a judge is not a boon. If you are successful, the feeling is “Oh, I is a son of a judge, he is bound to be successful”. If you are not successful, the feeling is “Oh, he is a son of a judge, even then he is not successful”.

    Either way it is no pleasure to work hard. The vibes around, in the bar, with all the advocates who were not able to become judges or sons of advocates who were unable to become judges are not so comforting. These are feelings and thoughts  at the thresh hold of my carrier, lets see how events unfold.