In Conversation with (Dr.) Aditya Sondhi
Senior Advocate, Supreme Court of India
Q1. Your journey to becoming a Senior Advocate at the Supreme Court of India is a testament to years of dedication and excellence. Could you take us through the defining moments, challenges, and experiences that shaped your career and ultimately led to this distinction?
(Dr.) Aditya Sondhi:
For starters, I was designated by the Karnataka High Court in 2014, where I commenced my practise in 1998. Having practised there for over twenty years, I moved to the Supreme Court in 2021. The designation itself was something I cherish as I do not hail from a lawyers’ family and it came fairly early in my career. My mantra right from the beginning was to argue my cases myself and not brief Seniors.
Perhaps this was a factor in my favour. The real moments of challenge in a counsel’s career are when they first go independent and have to deal with shortage of briefs, money and recognition. It can be very isolating. That apart, ethical challenges are sharper when you’re young as your sense of professional ethics is not as finely defined, and it is also more difficult to turn down briefs when you are hard-pressed for work. But then, if it was easy, everyone would be the epitome of ethics. Standing by a principled practise I suppose also weighed with the Full Court while making the designation. My experience itself was varied. I began by mostly arguing commercial matters in my Senior’s chamber, but when I set up my own, I tried to accommodate more public law cases (and taught a few courses as well). This led to some interesting public interest work, and an exposure to the finer side of constitutional law, especially reservations. That awoke my consciousness (and conscience) to the study of caste from a legal and social perspective, and remains a subject close to my heart.
Q2. The legal profession is evolving rapidly with advancements in technology and changing judicial practices. How do you see the role of advocacy adapting over the next decade?
(Dr.) Aditya Sondhi:
Like every other profession, the Law is also going to collide head-on into AI. Rather than simply jumping onto the bandwagon and outsourcing our minds to technology, I would stress the need for advocacy to remain old-school, hold on to its strengths of being a human(e) process and develop our intellect and philosophy to be better lawyers, taking up good, brave causes. I have already started to see AI generated briefing notes from some AORs and they just do not click. AI is indeed a disruptor like none before, but when I read pithy judgements from a century ago, I find that the core of advocacy has remained the same — clarity, preparation and persuasion. How technology can aid that in terms of speed of research, is a bonus. But for all else, counsels should not change their grain.
Q3. Many young lawyers aspire to practice before the Supreme Court. What skills, habits, and experiences should they cultivate in the early years of their careers to build a strong foundation?
(Dr.) Aditya Sondhi:
My personal view has been that one should move to the Supreme Court after a healthy exposure to High Court – trial court – tribunal practise, but there are exceptional young lawyers who begin at the Supreme Court too.
To those starting off here I would urge that a case is to be understood ‘bottom-up’, that is from the source document — the plain / writ petition / complaint — onwards to the evidence, the applicable (case) law, and then the impugned judgement/s of the court/s. Often, like perhaps some law clerks might, lawyers confine their understanding of the case basis the judgement of the High Court in question. That denies them a fuller analysis of the nuances of the case, which can hinder them in arguing the matter creatively and fully.
Q4. Looking back on your journey, is there a case or professional experience that fundamentally shaped your approach to advocacy and legal ethics?
(Dr.) Aditya Sondhi:
No one case can fundamentally define who we are as Counsel. We are, but, the sum total of our cases, our efforts, our reflections and our errors.
(Dr.) Aditya Sondhi:
I’m not even that old ! But from the 28 years I’ve had at the Bar, I do feel having judges who are sensitive to constitutional rights, and courageous enough to make equitable orders in deserving cases, goes a long way. Access to justice is not merely access to court but to the end product, that is, to justice as a tangible, attainable asset. And much of that depends on the quality and spine of the judiciary. On our part, the Bar must forever be willing to take up unpopular, challenging and non-paying causes. Only then can access to justice be realisable. If the Bar is pliant, it is then hypocritical to expect the Bench to deliver. So, yes, it begins with us, the Advocates. The reform, therefore, is in the process of judicial appointments and in legal education and leadership, to ensure both limbs of the justice delivery system can actually deliver to those who need justice most urgently, most dearly.
On the question of efficiency, there are honestly, too many moving parts and complex challenges that can hardly be covered in one paragraph. I have often wondered what it would be like if management of the courts is outsourced to efficient, private entities with expertise in managing public institutions. This could vastly improve the administrative side of things, but runs the risk of ‘contamination’ of a precious, public function. It needs to be looked at with more attention and care. To look inwards, fuller preparation by us lawyers aids efficiency greatly. Bold advice that does not foment litigation helps. ADR, technology and more (and better) judicial appointments certainly add value too.
Q6. What advice would you give to law students and young advocates who aspire not only to succeed professionally but also to make a meaningful contribution to the legal profession and society?
(Dr.) Aditya Sondhi:
Professional success can only be measured by the latter part of your question — one’s larger contribution to the system. If you are not, in due course, a thought leader and a crusader for right causes, your clientele and income tax returns count for little. To those reading, I would say, aspire to build a practise that helps you build your character too. Don’t just become a caricature.
