Shristi Borthakur is an advocate at the Chambers of Adv. Ms Arundhati Katju, practising at the Delhi High Court and the Supreme Court. Her distinguished career has had a profound impact on various facets of Indian law. As an advocate, her role in high-profile constitutional cases and her contributions to shaping significant legal principles have greatly influenced both the legal profession and public policy in India. She has particularly been involved in a few landmark cases, such as Dr Sarbesh Bhattacharjee v. State NCT of Delhi and Supriyo & Anr. v. Union of India, which have been instrumental in advancing constitutional principles and shaping the jurisprudence of our country. Most recently, her role in Chabi Karmakar & Ors. v. The State of West Bengal has demonstrated her expertise and influence in high-profile legal matters.
Q. With your diverse experience, including your work at the Chambers of Senior Advocate Ms. Arundhati Katju, how do you balance the various facets of your practice, and what challenges do you encounter as a growing professional in managing them?
One of the defining characteristics of litigation is the diversity of work, not only in terms of the subject area but also in terms of the different roles and responsibilities we undertake while working on a particular case. This diversity brings a certain element of excitement to our work but sometimes may also be overwhelming for young lawyers. Further, young lawyers are also faced with moments of despair and hopelessness about our survival in this lifelong profession that is litigation. Other challenges may include difficulty in finding suitable mentorship and exposure, income issues, difficulty in maintaining work-life balance, etc.
As I mention elsewhere in this questionnaire, establishing balance is seldom easy and requires a great degree of discipline and patience. There is no straightjacket formula for achieving this balance, but one must take the first step. It is important to set small goals for yourself, and one way of doing it is to set yearly goals for oneself. It helps minimise the vastness of life. One must also strive to be organised, which helps streamline different commitments and deadlines and makes work manageable. Most importantly, young lawyers must strive to have hobbies or interests outside of litigation, which brings a sense of distraction and refreshment.
Q. Having worked on diverse cases across Constitutional, civil, criminal, and commercial law, could you share a particularly challenging case that stands out and explain the unique strategies you employed to achieve a favourable outcome? How have these experiences shaped your approach to legal practice in general?
Despite the many exciting areas of law pointed out in the question, it has been my experience that it is always the most mundane case that poses you with interesting legal questions. My most memorable one has been an eviction suit where I was representing the tenant. The catch, however, was that I had ceased to be the tenant on the date the alleged cause of action for the suit arose, and hence, the landlord could not seek any relief against me. The landlord’s counsel argued that the new tenant who had taken over the premises was related to me. The challenge before me was twofold: first, that the landlord had put an end to my tenancy, and second, that the new tenant was a separate legal entity, and hence, I could not be sued for their wrongs. The case hinged on a single document certifying that the landlord had handed over the premises to the new tenant. While the said document was not a formal termination of tenancy, by reading out laughably ancient case law, I was able to make out a case that the document had the effect of putting an end to the tenancy, resulting in a favourable order.
Working on this matter, and appearing before trial courts in general, has taught me how to break down a case, go beyond the obvious, and identify legal and practical issues in a case. It made me realise that cases in the Indian courtroom have long lifespans and work their way up to the Apex Court. A lawyer’s efforts to build their case at the trial level determine the outcomes of the case right up to the Apex Court level. Moments like these have also instilled in me the thrill of being on my legs and arguing an issue. It is that thrill that motivates me to carry on in the profession. More importantly, it also helped me realise the promise of intellectual freedom in litigation.
Q. What factors influenced your decision to take on high-profile cases for both the prosecution and the defence at different times, and how do you maintain objectivity in emotionally charged matters?
Litigation is a long journey involving many highs and lows. The decision to take on a high-profile case, or any case for that matter, is a blessing that comes later in the profession rather than a choice. As young litigators, one must instead be open to opportunities to work on an array of cases involving different subject areas. Working on “high-profile cases” is more of a question of luck and opportunity. The key to overcoming this disparity lies in thoroughly identifying any legal questions and issues that arise in a particular case. It is often the most mundane or technical cases that provide us with the opportunity to develop and contribute to a particular area of law, which in turn results in reportable judgments.
As far as emotionally charged matters are concerned, as a lawyer, it is crucial to stay focused on the legal remedies and outcomes in a given case. The practice of law exposes us to a vast spectrum of society, where we meet different kinds of people with different kinds of problems. But as lawyers, our expertise and mandate lie only in studying the law and applying it to the case at hand. Taking on other considerations, such as the ethics or emotions involved in a matter, not only adds to an already stressful profession but also compromises your ability to identify appropriate legal remedies for your clients. As lawyers, we are only as good as the legal solutions we can execute for our clients, regardless of which side of the podium we stand on.
Q. You’ve also taken up research and writing projects, such as ‘Migrant Crisis: Classification of Workforce in a Gig Economy & Proposal for a Regulatory Framework’. What inspired you to contribute to legal scholarship, and how do you balance your role as a practicing lawyer with your scholarly pursuits?
The everyday work of a lawyer, especially a litigator, involves applying the law to the case at hand as it is. Barring a few cases involving challenges to a particular statute, a litigator is concerned with what the law is, rather than what it ought to be or what it could be. But a litigator is also one who is best equipped to identify practical issues in the law and/or ways to make the law work best for people. Research and writing projects in this regard provide litigators with an opportunity to highlight such issues, which may come in handy for other lawyers and litigants. Contribution to legal literature also lays down the groundwork for developing or changing the law in the long run. More importantly, as young lawyers who have very few opportunities to lead arguments in court, writing provides a platform to showcase our understanding of the law.
As far as balance is concerned, it is no doubt a challenge to take out time. Managing one’s time and energy is one of the biggest challenges in litigation. Despite best efforts, litigation is demanding and taxing. Thus, pursuing research or writing work, or any other non-litigation work or even a hobby, requires a great degree of discipline and patience. There is no straightjacket formula for achieving this balance, but one must take the first step. One can start by taking out small pockets of time in a given day to read new case law or articles and over time transition to writing. It is also helpful to set weekly or monthly targets for smaller tasks and goals and work towards them.
Q. What specific opportunities and key challenges do you foresee for young lawyers with the enactment of the new criminal laws?
As a young lawyer or someone who has recently graduated, it is no surprise that we have spent a lot of time trying to understand criminal laws, especially criminal procedural law. Owing to their historical development, the old criminal acts had come to be regarded as infallible and constant in an otherwise dynamic field. However, as society progresses and governments change, criminal laws are just as susceptible and amenable to change as any other law or statute. Thus, the first, and rather the only, hurdle is to be accepting of this change.
In my opinion, young lawyers are now presented with the unique opportunity to learn the latest laws while working on cases involving older laws. A comparative study of different provisions of the old and new acts is key to understanding the true extent of the changes in the law. Being young in this profession provides one with the time and opportunity to deeply study a particular field of law when working on a specific case. Under such circumstances, young lawyers have a better opportunity to study and acquaint themselves with the new acts, which will gradually take over the field of criminal law. The new enactments have also led to gaps in literature, and a young lawyer now has the golden opportunity to make scholarly contributions in this regard.
Q. What do you see as the biggest challenges and opportunities facing the Indian legal system and the legal profession in the coming years? Based on your experience, how can these challenges be addressed, and what role do ethical considerations play in navigating them?
Like any other profession, the legal profession is also facing the challenge of providing meaningful employment to fresh graduates. While a growing number of law students graduate and enrol every year, the fraternity struggles with providing guidance and mentorship. Litigation is a unique profession in the sense that it is life-long; one does not simply retire, and it involves life-long study. A newly graduated lawyer begins to learn the law from scratch and, over time, masters one legal issue after another. It is a profession that heavily relies on mentorship.
However, the increasing number of law graduates every year poses the challenge of whether all of them can be meaningfully mentored and, thereafter, whether the fraternity has enough space to provide a level playing field for all of them. As a largely self-employed profession, litigation is competitive. But can competition thrive in such large and unlimited numbers?
Under such circumstances, it is the need of the hour for the fraternity to come together for the upliftment and upskilling of young lawyers. Such measures may include opportunities to handle independent briefs, opportunities to argue, better pay, etc. It is also important for students to use their law school years to learn the changing ways of the profession. Learning the practical aspects of setting up a practice, such as office and case management, networking, and business development, ought to be incorporated into the law school curriculum so that graduates are well-equipped to make informed career choices.
*Views expressed are personal.
Constitutional Law Society 
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