In the intricate and often perplexing world of the law, the role of an expert lawyer cannot be overstated, especially when it comes to navigating the labyrinthine process of High Court appeals. Legal battles at this level demand not only a profound understanding of the law but also a mastery of the art of advocacy. It is in this challenging arena that an expert lawyer's skills shine the brightest, making the difference between success and disappointment. In this blog post, we'll delve into the artistry of an expert lawyer when handling High Court appeals.

**1. Understanding the Terrain:

 The journey begins with a profound understanding of the terrain. An expert lawyer must thoroughly comprehend the nuances of High Court procedures, rules, and precedents. This includes studying appellate jurisdiction, rules of practice, and the particular requirements of the High Court where the appeal is being filed. A thorough knowledge of local rules and judges' preferences can be invaluable in crafting a winning strategy.

**2. Thorough Case Analysis:

 Each High Court appeal is a unique puzzle. An expert lawyer starts by meticulously analysing the lower court's judgment and the entire trial record. This involves a critical review of evidence, legal arguments, and procedural aspects. It's akin to a detective uncovering clues in a complex case.

**3. Crafting a Persuasive Argument:

 The heart of any successful High Court appeal lies in crafting a compelling and persuasive argument. Expert lawyers artfully use the facts and the law to build a strong case for their clients. They identify legal errors or procedural irregularities in the lower court's judgment and construct a clear and persuasive narrative for the High Court judges.

**4. Effective Legal Research:

 In the art of High Court appeals, legal research is akin to a painter selecting the perfect palette of colours. Expert lawyers delve deep into legal precedents, statutes, and case law. They identify relevant authorities that support their arguments and, at the same time, distinguish unfavourable precedents. A masterful lawyer knows that the key to success often lies in meticulous research.

**5. Courtroom Presence:

 An artist doesn't just create a masterpiece in isolation; they must present it to the world. Similarly, an expert lawyer must possess a commanding courtroom presence. High Court appeals are both written and oral arguments, and lawyers need to be confident, articulate, and persuasive when presenting their case before the judges. The ability to think on one's feet and respond to judges' questions is an art in itself.

**6. Attention to Detail:

 In the realm of law, the devil is in the details. An expert lawyer leaves no stone unturned in their quest for victory. They pay scrupulous attention to procedural rules, filing deadlines, and document preparation. A minor oversight can have major consequences in an appeal.

**7. Client-Centric Approach:

 Like a portrait artist who aims to capture the essence of their subject, an expert lawyer must have a client-centric approach. They listen to their client's concerns, goals, and expectations, tailoring their legal strategy accordingly. Understanding the human aspect of a legal battle is essential in High Court appeals, where the stakes are often high.

**8. Negotiation Skills:

 While High Court appeals are primarily about presenting a case before a judge, an expert lawyer also knows the value of negotiation. Settlement discussions or compromises can sometimes be in the best interests of the client. A skilled lawyer can navigate these discussions while always keeping the client's objectives in mind.

**9. Persistence:

 Lastly, the art of an expert lawyer for High Court appeals is characterized by unwavering persistence. Appeals can be lengthy and arduous processes, with numerous hurdles along the way. An expert lawyer is determined, patient, and resilient, committed to pursuing justice for their client.

In conclusion, the art of an expert lawyer for High Court appeals is a multi-faceted masterpiece. It involves a deep understanding of the law, meticulous preparation, persuasive advocacy, and unwavering dedication to the client's cause. Much like a skilled artist who brings a canvas to life with their brush strokes, an expert lawyer crafts legal success with their knowledge, skills, and artistry. When facing the complexities of a High Court appeal, having such an attorney by your side can make all the difference in the world.

Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore appearing for clients at both District Courts and High Court practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.

Introduction

With the rapid advancement of technology and the ease of sharing and storing information in the digital realm, businesses face a significant challenge in safeguarding their confidential data. This sensitive information can encompass business strategies, client databases, designs, and more. Not all types of information qualify for patent or copyright protection, and some valuable data arises from day-to-day operations without formal protection sought. Protecting this information is increasingly challenging due to the various tools available for data transfer, both online and offline, and threats can come from external sources as well as internal ones, such as employees and contractors.

Trade Protection under Various Laws

While India lacks specific trade secrets legislation, the courts have upheld trade secrets protection under various legal frameworks. These include contract law, copyright law, equitable principles, and common law actions like breach of confidence. Section 72 of the Information Technology Act 2000 also offers limited protection for electronic records.

Contract Law: In India, individuals can be bound by confidentiality agreements not to disclose information shared with them in confidence. Courts have even extended protection in cases where no formal contract exists, invoking equitable jurisdiction to grant injunctions.

Copyright Law: Some Indian courts recognize systematically arranged data, like client databases, as copyrightable material under the Copyright Act of 1957. This protection extends to works involving intellectual effort and a minimum degree of creativity.

Judicial Rulings for the Protection of Trade Secrets

Although there's no specific trade secrets law, Indian courts and tribunals have upheld trade secret protection and actions against misappropriation. Breach of confidence and third-party unauthorized access to confidential information can lead to misappropriation. Courts have identified three sets of circumstances:

1. When employees, in the course of their work, transfer confidential information carelessly or deliberately to unauthorized persons.
2. When unauthorized persons, including new employers, incite employees to provide such information.
3. When a licensee, under a know-how license, breaches a condition to maintain secrecy.

Indian courts have emphasized that, in the absence of legislation, they will protect trade secrets through common law to support businesses.

Remedies for Infringement of Trade Secrets

In cases of trade secret infringement, remedies may include injunctions or damages. Indian courts often lean toward granting injunctions, both interim and permanent, based on factors like the plaintiff's prima facie case, the balance of convenience, and the potential for irreparable injury.

Trade Secrets in Consonance with Intellectual Property Rights

Intellectual property rights in India have territorial jurisdiction, resulting in varying trade secret protection. Although the courts have not provided an exhaustive list, they emphasize the importance of secrecy over novelty.

Employees as Threats

Employees pose a significant threat to intellectual property protection. Companies are advised to continually innovate and transform their trade secrets to counter this risk.

National Innovation Act

India lacks specific trade secrets legislation, but the draft National Innovation Act aims to protect confidential information, trade secrets, and innovation. It promotes public-private partnerships and the codification of confidentiality laws.

Drafting Comprehensive Trade Secret Policies

Creating comprehensive trade secret policies for employees is essential to raise awareness of confidentiality issues and potential consequences of breaches.

Enforceable Agreements

Enforceable contracts and agreements that prohibit the wrongful disclosure and misappropriation of confidential information can effectively protect trade secrets.

Due Diligence and Non-disclosure Agreements

Conducting due diligence on employees and reviewing non-disclosure agreements can help maintain confidentiality.

Trade Secret Audits

Regular audits can identify significant trade secrets, verify ownership, and ensure that confidentiality procedures are consistently followed.

Defenses

Defendants in trade secret cases may use defenses such as general knowledge, parallel development, reverse engineering, innocent acquisition, public interest, or statutory obligation.

Conclusion

Trade secret protection in India is in its early stages, and developing robust legislation is crucial for creating a business-friendly environment. This protection is essential for off-shoring companies and entrepreneurs seeking opportunities in India, ensuring that their innovations and confidential information remain secure in a competitive landscape.

This case study examines the applicability of the objects and purpose of the Competition Act in the crucible of the Supreme Court of India's decision in the Swiss Challenge Method case. Swiss Challenge Method is a distinct scheme adopted in a few cases in India. Under this method, any person, firm, association or private developer can approach the public authorities with an innovative proposal for development of the Government lands.

The Competition Act, 2002[1] which received the assent of the President on 13th January, 2003 has been enacted to prevent practices having adverse effect on competition, to promote and sustain competition and to ensure freedom of trade. It would be interesting to examine the applicability of the objects and purpose of this Act in the crucible of the Supreme Court of India's decision[2] in the Swiss Challenge Method case.

 "Swiss Challenge Method[3]" is a distinct scheme adopted in a few cases in India. Under this method, any person, firm, association or private developer can approach the public authorities with an innovative proposal for development of the Government lands. The said proposal is scrutinized. If found to be technically and financially viable, the proposal is accepted. The professed aim ostensibly was to accelerate rapid growth in the housing sector by inducting private entrepreneur through public-private partnership. In view of the resource crunch, the Maharashtra Government decided to enter into joint venture agreements with private parties for development of the government lands by invoking the Swiss Challenge Method.

Public tenders are then floated. The person, who has voluntarily submitted a proposal for development of the Government lands called the originator, comes to acquire the priority right to the joint venture contract even if he is not the highest Tenderer. That is so provided he agree to raise his bid to that of the highest Tenderer. In this manner, the originator of the proposal is given the right of first refusal or right of first choice to match the offer given by the highest Tenderer and bag the joint venture contract even though he is not the highest bidder. On the other hand, if the originator of the proposal declines the option, the contract is awarded to the highest tendered whose bid is found to be most competitive. If the highest tendered backs out, then the earnest money deposited by him stands forfeited. Arguably, the policy is said to favor of public interest. The right of first refusal contained in the Swiss Challenge Method is said to serve twin purposes. Firstly, it boosts or encourages private participation in the development of the government lands and secondly, the development contract is awarded at the best competitive price ascertained from the bids received from the public tender.

This method was at the center of controversy of the case under discussion. Coming to the factual matrix of the actual case, on 25th August, 2006, M/s. Ravi Developers submitted a proposal to the civil authorities for development of certain land situated at Mira Road (District Thane in Maharashtra). The land belonged to Maharashtra Housing and Area Development Authority (in short MHADA), a body constituted by the State Government. The potential available on the said land was 69,000 sq. mtrs. (Residential) and 2,800 sq. mtrs. (Commercial). The originator offered to develop the said lands at his own cost and give roughly one fourth area free of costs to MHADA.

Thereafter, a similar proposal was submitted by M/s. Ravi Developers to the Chief Minister on 11th October, 2006. The Chief Minister was also holding the portfolio of Housing at the time. The same day the proposal was forwarded to the MHADA calling for a detailed report.

The proposal was accorded unusually high priority by the officials. It was felt that the "Swiss Challenge Method" was more desirable being totally transparent and open to public. It was further stated that under the said method the originator of the proposal gets a chance to develop the property by a democratic method provided he raises his offer up to the bid made by the highest Tenderer.

On receiving approval from the State Government, a public notice was issued inviting tenders for development of the said lands. After holding pre-bid conference, the tenders received from different parties were opened. The scrutiny of the tenders showed four persons to be eligible Tenderers. The bid offered by the petitioner for development of the lands was held to be the most competitive. This was so because the saleable area offered to MHADA free of cost by the petitioner was double as compared to the originator.

As per the notice about the Swiss Challenge Method circulated by way of public notice, MHADA had called upon the originator to exercise his right of first option. Within three days, he agreed to accept the project on the terms offered by the highest Tenderer.

The highest Tenderer challenged the denial of contract to him. He complained that the entire bidding process was devised and designed with a mala fide intent to favor the originator. He claimed that the authorities had adopted the Swiss Challenge Method only with a view to give preferential treatment without any justification to the originator. It was further contended that in awarding government contracts, the action of the authorities ought to have been fair, transparent. It should have given level playing field to all the eligible bidders. It should not be seen to be distributing largesse to the favored persons.

The contract was challenged by other bidders before the Bombay High Court on the ground that the recourse to the Swiss Challenge method lacked transparency, level playing field, and equality of opportunity, competitive bidding and fairness[4]. The right of first option given to the originator simply because he had approached the Chief Minister had been unfair to the other participants. The contract should have been awarded to the highest Tenderer. In the alternative, all the four Tenderers should have been given an opportunity to raise their bids. The contract should have been given to the bidder whose offer
was the highest.

It was also pointed out MHADA has been established under a statute for the specific purpose of providing housing to the lower and middle income group to mitigate acute shortage of housing. The joint venture project entered into by MHADA with a favored private developer was beyond the scope for which MHADA was established.

Relying upon the decision of the Apex Court in the case of Sterling Computers Ltd. v. M&N Publications Ltd.[5], it was urged that the public authority or the State Government cannot have unfettered discretion and the doctrine of executive necessity had limited application in such cases. The Wednesbury Principle[6] of fairness in administrative decisions was shown to apply in the matters of awarding government contracts by invitation of public tenders. Therefore awarding the contract to the originator without any justification was liable to be quashed and set aside.

The above arguments were countered by the State Government. It was asserted that the policy of the Government to enter into joint venture Public Private Partnership was purely in public interest. It was intended to accelerate the rapid growth of the housing sector. The resource crunch had left little option but to adopt Public Private Partnership (PPP) for development in housing sector. There were adequate checks and balances provided in the said scheme. The originator of the proposal was required to develop the lands on the terms offered by the highest Tenderer. Consequently, the same avoided scope of any loss to the exchequer. If the originator had declined to accept the project then the highest Tenderer would have been called upon to execute the contract, failing which the earnest money deposit was liable to be forfeited. This methodology had ensured that the tenders submitted were realistic and competitive. The originator of the proposal had conceptualized the entire project. Thereby, precious time and money of the public authorities were saved in that behalf. Therefore, Swiss Challenge Method introduced by the Government could not be said to be unjust, illegal or contrary to law.

The Respondents further highlighted that the Swiss Challenge Method had been introduced with the approval of the government. Therefore, the public tender in question was issued with due authority. The originator had been awarded the contract on the terms offered by the highest Tenderer. Had he declined, then the contract would have been awarded to the highest Tenderer. To conclude, there was complete transparency and no prejudice had been caused to any one due to adoption of the novel scheme.

The High Court held the invocation of the Swiss Challenge Method in the instant case to be "wholly unfair, unreasonable, arbitrary, illegal and contrary to law". It quashed the contract awarded to the originator.

The matter was then taken up to the Supreme Court in appeal. Finally, it came to be decided by the judgment dated, 11th May, 2009.

The Court pointed out that in the matter of inviting tenders and awarding Government contracts, public interest is of paramount consideration. Undoubtedly, the Courts can intervene in policy matters by applying the doctrine of proportionality, where the policy decision is found to be arbitrary or discriminatory. The policy can also be upturned where it was seen to be contrary to public interest for valid and good reasons or held to be unreasonable.

In the matters of awarding Government contracts, the doctrine of "level playing field" plays an important role. Article 14 of the Constitution would apply in contractual matters also. If the policy decision of the Government in a contractual matter was found to suffer from the vice of fairness or reasonableness, then such an act or decision would be unconstitutional.

Swiss Challenge Method introduced by the Government could not be
said to be unjust, illegal or contrary to law

The State Government had consistently held that it had not suffered any loss by awarding the contract to the originator. Such a view had failed to impress the High Court on many counts. Firstly, there was every possibility that many genuine Tenderers may not have participated in the tender activity with their competitive bid. Their reservation could have been on account of the preferential treatment sought to be given to the originator in the public tender. Secondly, the highest Tenderer was willing to raise his bid further. However, he was not permitted and only the originator was allowed to enhance his bid. The Government had thus suffered financially by invoking the Swiss Challenge Method.

The Supreme Court ruled that the originator was not conferred any preferential treatment by the State. Actually, he had submitted an innovative proposal for development of the government land. His plan which was found to be technically and financially viable. Earlier, the High Court had recorded that actually his proposal did not contain any innovative development plan for utilization of the government lands. He had only quantified the balance potential available in respect of the said lands. Moreover, he had expressed his willingness to develop the said lands at his own cost by offering certain constructed area in the form of units for allotment to MHADA free of costs. Consequently, conferring preferential treatment to the originator on the ground that he had quantified the balance potential available on the said lands amounted to treating the equals unequally which is not permissible in law.

The Supreme Court brushed aside the High Court finding that granting
preferential treatment to the originator merely because he had approached the Chief Minister would be opposed to rule of law. In the eyes of the High Court, it cannot be said that the persons approaching the governmental authorities form a distinct class so as to avail preferential treatment.

The Supreme Court held that in adopting the impugned method proper public notice had been issued. All the intending developers had offered their bid. The originator of proposal had been given an opportunity to match the highest bid amount. After fulfilling all the formalities, the contract was accepted in favor of the originator. Therefore, the Government of Maharashtra had, in no way, suffered any financial loss or sidelined the other developer's in awarding contract in favor of Ravi Development.

Where the policy decision of the Government is to award contract for
development of the government lands on the basis of the free saleable area made available to the administration, then, every Tenderer would have to be given a fair opportunity to bag the contract by offering a most competitive bid and in such a case, conferring preferential treatment to any particular Tenderer would be wholly unfair, unreasonable, discriminatory and violate of Article 14 of the Constitution.

The Supreme Court took notice of the situation that Swiss Challenge Method is adopted in Chile, Costa Rica, Guam (U.S. Territory), Indonesia, Korea, Philippines, South Africa, Sri Lanka, Taiwan (China), Virginia (U.S.) and also in India by Andhra Pradesh, Rajasthan, Madhya Pradesh, Chhattisgarh, Gujarat Uttaranchal, Punjab States and Cochin Port authorities. The above information by way of an assertion shows that Swiss Challenge Method is already in prevalence in various States in India as well as overseas. However, the Supreme Court did not take care to find if there is any information about the experiment being a success in those countries and whether it is still being favored.

The Supreme Court proceeded to underline that the decision to apply
Swiss Challenge Method clearly fell within the realm of executive discretion and in this case the discretion was exercised after due application of mind. According to the Court, the State of Maharashtra, after due deliberations and study of the methodologies which were
prevailing in the country for dealing with suo motu development proposals had decided to apply Swiss Challenge method to the proposal of the originator, This method had been applied by the State Government only on a pilot basis, The scheme was transparent in as much as all the parties were well aware of the "right of first refusal" accorded to the "originator of proposal". As per the method, which was known to all the parties, the originator of the proposal must in consideration of his originator of his vision and his initiative is entitled
to the benefit of matching the highest bid submitted. The said method was beneficial to the government which did not lose any revenue as it had still got the highest possible value. The Supreme Court accepted the plea that in view of financial crunch and availability of undeveloped lands, National and State Housing policies provide for the encouragement of private participation The State Government was also well within its rights to try out on pilot basis a methodology recognized
internationally as well as in India. Under such circumstances, the order of the High Court was held to be unjustified where it struck out the Swiss Challenge Method without allowing the State Government to exercise its executive discretion on a pilot basis. According to the Supreme Court, it was not possible to reject the claim of State of Maharashtra and MR.ADA. The shortage of land and increasing cost in housing sector had led to the Central and State Governments to resort to public private joint ventures. In the said category, Swiss Challenge Method was the most acceptable and a democratic method as compared to other options.

In the concluding part of its judgment, the Supreme Court decided that the pilot project or the initiative taken by the Government of Maharashtra along with MHADA to encourage Public Private Participation was in accordance with the need of the time as well as a laudable effort. Strangely, in the same breath, the Court declared that to make it an effective approach Swiss Challenge Method or any other encouraging concept should be duly publicized first. "The effort of Public Private Participation can only be possible when private entities are aware of such scheme." It is difficult to imagine what was the cause for such an observation? If the scheme was actually well formulated, transparent and fairly executed then what led the highest Court to make this comment.

The Court went on to state, also in the scheme of availing a new system thorough rules and regulations are needed to be followed otherwise unfairness , arbitrariness or ambiguity may creep in. In order to avoid such ill- effects, the State Government is suggested to consider the following aspects:

(1) The State/ Authority shall publish in advance the nature of Swiss Challenge Method and particulars;

(2) Publish the nature of projects that can come under such method;

(3) Mention/notify the authorities to be approached with respect to the
project plans;

(4) Mention/notify the various fields of the projects that can be
considered under the method;

(5) Set rules regarding time limits on the approval of the project and
respective bidding;

(6) The rules are to be followed after a project has been approved by the respective authorities to be considered under the method.

(7) All persons interested in such developmental activities should be given equal and sufficient opportunity to participate in such venture and there should be healthy inter se competition amongst such developers. These suggestions are not exhaustive and the State is free to incorporate any other clauses for transparency and proper execution
of the scheme. The State Government is suggested to frame regulations/instructions on the above lines and take necessary
steps thereafter in future.

Surely, there could not have been any occasion for the Apex Court to make these observations, if all was well with the award of contract. It was outside and beyond the call of the Supreme Court to delve into the domain of executive policy. On the other hand, the remarks about a
need for "health inter se competition, "incorporate transparency" and "proper execution" raise doubts about the Apex Court's care for adherence to best practices related to the competition regime in this case. The judgment is silent whether the award of contract was examined to determine if it showed abuse of dominance.

The Competition Act, 2002 prohibits anti-competition agreements and abuse of dominant position by enterprises. It also prohibits any agreement which causes or is likely to cause, appreciable adverse effect on competition in markets in India. Any such agreement is void. The
decision has raised a number of interesting questions. To illustrate,
whether the Court had taken into consideration the import of competition law? Whether any scheme though lacking any innovation can still be considered for Swiss Challenge Method? Whether the countries like Chile, Costa Rica etc. which have recognized the Swiss Method also practice the competition regime?

The High Court had opined that the Government of Maharashtra had been put to financial loss. However, based on the same documents the Supreme Court recorded an opposite finding! It is hoped that numerous queries emanating from the Swiss Challenge case would find answer at a future data specially, from the stand point of competition law.

Copyright © Nilendra Kumar

1. The successful passage of Inter-Services Organizations (Command, Control and Discipline) Bill, 2023 by the Parliament in its last session has been claimed as a major statutory step by the Union Government to make the theatre commands effective . The Bill after attaining the assent of the President formally comes to occupy a space in the India Code. It became the law governing the above category of military formations after its publication in the official Gazette on 15 Aug 2023 and coming into effect.

2 . Tri service establishments had been functioning in the military for over many decades. Examples can be cited of the National Defence Academy, Defence Services Staff College, College of Defence Management National Defence College in the training domain. These were logistical establishments like National Cadet Corps or Embarkation Headquarters. Such entities did not have any significand operational roles. Hence, their disciplinary and legal requirements were met by their placing them under geographical commands. The same approach was followed for Indian Peace keeping force deployed in SriLanka which functioned under the Pune based Southern Command.

3. The raising of Andaman and Nicobar Command with its Headquarters at Port Blair in Sep 2001 was the first major step towards setting up of integrated service commands in the India Armed Forces. Strategic Forces Command was soon to follow as the next entity towards creation of tri-service commands. There are also some tri-service organisations like the Defence Intelligence Agency, Defence Cyber Agency, Defence Space Agency, etc. A necessity was then felt for arming the operational commanders with the requisite administrative, financial and more importantly legal powers and authority over the men borne on the rolls of the units and formations under them. However, a law in the form of the new Act looks almost 22 years to be enacted. The dictionary meaning of the word ‘integrated’ is to join things so that they become one thing or work together. The word Tri Service in the context of military means the Army, Navy and the Act force.

4. Inter-service organizations, role or operations do not seem to have clear and definite definitions with any degree of legal precision. Various terms used are ‘combined’, ‘joint’, ‘integrated’, ‘tri-service’ and, ‘unified’ etc. These terms usually find mention in military literature. In operational context too. An exercise to clothe them with statutory sanctity is yet to be undertaken. The new law has used two terms, vis ‘inter-services organisations’ and ‘joint services command’ without defining them.

5. The entire exercise leading to the enactment of the new law apparently seems to have been carried out in haste. The legislative efforts did not see any worthwhile discussion during its passage in the two houses of parliament. It was also not deliberated upon by the Parliamentary Committee and nor were the comments of the domain experts or general public solicited. Such an approach would have denuded the law the benefits of requisite scrutiny while it was on the drawing board.

6. The statement of objects and reasons are often called a key to the concerned legislation. These in relation to the ISO Act stated that its purpose is to facilitate maintenance of proper discipline and proper discharge of their duties by the service personnel. The use of prefix ‘proper’ to discipline may be a trifle confusing if read with Article 33 of the Constitution Further, the above statements indicates taken care had been taken not to disturb “the unique service conditions” or ‘amending the service Acts’ . Undoubtedly the twin objectives are laudatory. But does the new law appear statutorily capable to achieve these objectives?

7. The statement of objects and reasons accompanying the Act (ISO) procced to underline the need to empower heads of inter service organizations to exercise effective discipline on all persons of the three services. However, such a dream appears to be illusory because of inherent specific legal regimes of the Army, Navy and Air Force. Their lack of uniformity in legal architecture may present dissimilar situations in tri-service context. This gives a meaningful scope to argue and project its defence. To illustrate, only Army has the system of Summary Courts Martial. Navy Act carries sections allowing their JAG to carry out a judicial review of the court’s martial verdict. Air Force law does not provide for any of the above. Such variations may at some stage draw dissatisfaction and criticism, to illustrate, in matters of conviction, the award of sentences and their executions etc.

8. The Act in its present form calls for a revisit of a few glaring discrepancies and notable omissions. To illustrate, ‘Chief of Defence Staff’ has been included in the ‘definitions’ but his role, powers and functions etc. are not mentioned. Such a position is contrary to the approach adopted in the Army Act. COAS stands defined under Sec 3 (iv) of the Army Act and status. The rank of the CDS has been left undefined. This may create legally unavoidable situations in furture in matters of inter-action with other service heads or even commanders -in-chief. The terms officer commanding the regular Army. ‘Commander-in-Chief’, ‘Commanding Officer’ and ‘Officer in Command’ have all been defined in Section 3 of the new Act and their powers indicated in Sec 4(2), 5 and 8. Thus, the authority of CDS over his subordinate commanders has little statutory base. Another major anomaly has been created due to the new Act using for key terms like ‘command’, ‘control’, ‘discipline’, ‘joint services command’ and ‘force’ without defining them.

9. Further, complication is compounded by the use of words ‘actual command’ as appearing in Sec 3 (1) (d). It may give rise to a contingency that an officer in ‘command’ is not in ‘actual command’. It would run contrary to the centuries old practice of the soldiers (including officers) being attached to other units or formations on disciplinary grounds. In those situations, they cannot be viewed to be under commanding officers ‘in actual command’. However, such a notion is contradicted by the long title of the statute which has words in relation to service personnel who are serving under or attached to his command emphasis added. The two opposing meanings would require to be resolved. Otherwise, such a position may result in a charge for an offence of ‘disobedience of a lawful command’ running into a challenge by an accused and cannot be ruled out.

10. The President of India is the Supreme Commander of the Armed Forces. As such, the exalted office of President finds mention in the military law at a number of places like Section 18 of the Army Act. However, the ISO Act is bereft of any reference to the President.

11. The term ‘inter services organization’ has been defined under Sec 2 (1) (g) of the Act to mean a body of troops including a joint services command consisting of persons subject to the Air Force Act, Army Act or the Navy Act, as the case may be. This is an inclusive definition but not an exhaustive one. It appears baffling why the term ‘joint services command’ (JSC) has remained undefined? Be that as it may, by implication, a joint services command is superior and a higher body than an ‘inter services organization’. This is so because a JSC is commanded by a commander in chief (Sec 3(c) whereas an ISO would be under an ‘officer in Command’ (Sec 2(g).

12. The preamble to the Act professes that it is meant to empower the Commander-in-chief or the officer in Command of Inter services Organizations in respect of service personnel who are subject to the Act Force Act, 1950, the Army Act 1950 and the Navy Act, 1957 who are serving under or attached to his command for the maintenance of discipline and proper discharge of their duties and for matters connected there with or incidental thereto. Viewed in that context, if any portion of the Act or a matter outside does not contribute to such empowerment, the same should does not need a to be mentioned in the Act.

13. The service Acts contain specific provisions about junior commissioned officers, warrant officers, petty officers, non-commissioned officers and enrolled persons, etc. These relate to mode of their entry, privileges, service tenures, disciplinary sanctions and laid down manner of seeking reliefs by them, etc. Strangely the ISO Act has chosen to ignore them.

14. Another glaring omission is of service chiefs like ‘Chief of the Army Staff’ from the text of the new law. Such an absence negates the provisions of the Army Act releasing to redressal of grievances, grant of maintenance and relief to a person of that service who is part of an inter service organization. Who would exercise the powers of COAS and CNS in their cases?

15. COAS has been vested with distinct powers under the statute. To illustrate, dismissal or removal from service of any person other than an officer (Sec 20(2), reduction to a lower grade or rank or the ranks any warrant officer or any non-commissioned officer (Sec 20 (2); decision on any complaint of any aggrieved person other than officer (Sec 26), etc. This authority is nowhere to be seen in the ISO Act. Hence, the authority of COAS may appear questionable with regard to relevant aspects like control on tenure (Sec 20), redress of grievances (Sec 26), specification (Sec 84), action as superior military authority (Sec 88), directions on C of I (Sec 90) (h), Pay & allowances of prisoner of war (Sec 96), convening of General Court Martial (GCM) (Sec 109), and numerous other provisions . Where he so decides in writing, using his powers under Army Rule 184 he is vested with a power to order that the copies and statements forming part of a court of inquiring are not to be furnished to person even though these may have a bearing on his character or military reputation. Requirement of Such a clause may, of course, arise in very special circumstances eg national security. Would such an authority be exercisable under the new law, and if so by whom?

16. Under the earlier scheme, COAS had a distinct role with regard to the conversing of a GCM or Summary General Court Martial (SGCM). He was not empowered to confirm death sentence which was within the domain of the Central Government. Further, all cases of sentence passed on officers of dismissal or higher, and any sentence to an officer who holds or had held the rank of Colonel could be confirmed only by the COAS. The ISO Act does not contain any provisions in this regard. What then would be the disposal of cases relating to ISOs? Their cases cannot be forwarded to their service heads because superintendence of the ISO shall vest in the Central Government CDS is not armed with any authority in this regard. The law is silent as to whom would the disciplinary matters travel beyond the Commander in Chief?

17. The persons affected by, or being proceeded against, under above provisions shall stand deprived of requisite scrutiny and/or relief by the COAS or at his office.

18. Two major short comings of the new law are their incapacity to bolster a soldier’s self-respect and confidence. The self-esteem would be hurt due to absence of inclusion his of (or her) status in the proposed Act. Further, the person may carry a feeling of hurt and the confidence may take a downslide because of absence of a right to seek remedy or relief even if he has reasons to harbor genuine grievances. Whom would he turn to? Would it be the chief of the service to which he belongs (but doesn’t serve under him) or to the theatre commander (where the Chief of Defence Staff does not hold authority to provide a redressal.)?

19. Two key legal tools indispensable for maintenance of discipline in the Army are courts of inquiry, which is meant to be utilized for investigations, and secondly courts martial that are convened for violators of the stern military code. There are clear cut provisions in the service Acts about the purposes of these two bodies mentioning the composition, utility as well as the eligibility and disqualifications of persons to serve as their members. Their powers are also duly indicated. However, the text of the new Act has not dealt with this issue. Resultantly it would create doubts as to how a matter relating to a mixed force forming part of an ISO would be legal dealt with, and also if the final decision would inspire confidence amongst the rank and file for its impartiality and fairly treatment? Would an accused facing trial of the court martial having majority of the members belonging to other two service be confident of getting just treatment on being dealt by an all Army Court?

20. Usually all statutory legislations carry rule making powers which are vested in the Government at the Union, or the State, as the case may be. The specific reach and parameters of such powers are also enumerated in Army Act Sec 191 (2). Ironically, the new Act empowers the Central Government with such powers but does so without spelling out contours of such authority by merely providing, “the central government may make rules for the purposes of carrying out the provisions of this Act. " Such an imprecise wording carries the potential of legal mischief or the risk of being held ultra vires.

21. Complication may be also arise in matters of seeking remedy under the Armed Forces Tribunal Act, 2007 (Act No 55 of 2007) till such the proposed Act is suitably linked with the AFT Act.

22. Despite the tri service formations existing in India for over two decades, little progress has been made in drafting a Uniform Code of Military Justice. Such a code has been able to effectively provide a common and seamless legal regime in the USA for three wings of their defence forces who no longer require separate legislations for them. A uniform code encompassing issues like women entry, Agniveer mode of induction, cyber-crimes, environmental norms and disregard of human rights and use of social media etc. is the need of the hour.

23. In tune with increasing strategic clout that India is now poised to wield by transnational deployments may soon become common place. In the wake of QUAD alliances, hostile posture of the Chinese, and having regard to the emergence of AI, introduction of other sophisticated armaments, use of outer space and a contingency warranting recourse to use of greater lethal force may among other implications may pose unprecedented issues about culpability and jurisdiction of domestic courts. Such a possibility may warrant an initiative capable of exhibiting catapulting the country’s ability to maintain a disciplined combat effective force. The ability expects it to show requisite adherence to rule of law in the current eco-system of security imperatives. The same would depict confidence of securing a profile of being second to none.

24. What are the pressing challenges at this juncture? The delay in disposal of pending disciplinary cases is often seen coupled with a diverse variety of military matters being taken to the Supreme Court after their cognizance. It underlines a need for a thorough overhaul of military legal system. The figures about number of AFT decisions being upturned by the Supreme Court is also not insignificant. Such a state calls for urgent measures for reform of military legal system. The situation is compounded by a higher number of suicide cases on one hand, and reports of military’s high handedness in the cases pertaining to areas where provisions of Armed Forces (Special Powers) Act stand invoked.

25. With the strength of over 1.4 million active personnel and a total budget of INR 5.94 trillion, Indian armed forces are ranked world’s second largest military force. They are tasked to unfailingly vigil about 15200 KMs of land boundary and more than 7000 KMs of maritime borders. The national aspirations coupled with a geostrategic vision compatible with its third largest economy would expect its soldiers to be led by legally flawless and democratically robust laws.

इंटरनेशनल ह्यूमैनिटेरियन लॉ (आई एच एल )कानून के क्षेत्र में पब्लिक इंटरनेशनल लॉ की श्रेणी में एक रोचक और आधुनिक विषय है। इस कानून की पढ़ाई करने से उसमें रुचि लेने वाले छात्र एक सफल कैरियर को चुन सकते हैं। उसमें प्रैक्टिस, टीचिंग, रिसर्च तथा वैतनिक जाॅब के लिए अनूठे अवसर उपलब्ध हैं।

एल एल एम या पोस्ट ग्रेजुएशन करने के बाद इसमें छात्र देश और विदेश में कई चुनिंदा विकल्प से परिचित हो सकते हैं। संयुक्त राष्ट्र संघ, पीस कीपिंग डायरेक्टरेट, थिंक टैंक, फॉरेन यूनिवर्सिटी, मीडिया, इंटरनेशनल क्रिमिनल कोर्ट, आई सीआर सी आदि में जुड़ने के लिए वह क्वालीफाई हो जाते हैं।

आई एच एल को लॉ ऑफ़ वॉर या लॉ ऑफ़ आर्म्ड कनफ्लिक्ट के नाम से भी जाना जाता है।

यूट्यूब पर इस विषय में मेरे जानकारी से भरे और उपयोगी वीडियो देखें। एक वीडियो की लिंक नीचे दी गई है। 

https://youtu.be/B4xWGby0vLY?si=0teNqq6gAztlSyHQ

अन्य कई वीडियो भी अपलोड किया जा चुके हैं जो लैक्स काउंसिलिंयम फाउंडेशन नाम की मेरी चैनल पर उपलब्ध हैं।‌वीडियो देखें, शेयर करें,और लाइक करें। चैनल को सब्सक्राइब भी अवश्य करें।

कानून में डिग्री के लिए पढ़ रहे छात्रों में से अधिकांश नौकरी करना चाहते हैं। पढ़ाई पूरी होने के बाद वह नियमित रूप के किसी जाॅब की तलाश में रहते हैं। इस प्रकार के विद्यार्थियों की सहायता के लिए हमारी चैनल लेक्स कौनसीलियम फाउंडेशन ने कुछ विभिन्न क्षेत्रों में पोस्ट के विषय में जानकारी एकत्रित की है। हमारी फाउंडेशन की प्लेलिस्ट 'कैरियर्स इन लॉ' में आप निम्नलिखित कैरियर के विकल्पों के बारे में जानकारी प्राप्त कर सकते हैं।

इस दिशा में नीचे लिखे क्षेत्र में नौकरियों के लिए हमारे वीडियो अब तक अपलोड किये जा चुके हैं। इनकी लिंक भी सामने देखी जा सकती है। आप इन वीडियो को देखकर अपनी पसंद के अनुसार तैयारी शुरू कर सकते हैं। वीडियो में यह भी बताया गया है कि इंटर्नशिप कहां करनी चाहिए जो काम शुरू करने में लाभप्रद हो।

प्रमुख कानूनी पेशा: वकालत

https://youtu.be/T8ftLlOr3dw?si=Y0NlAAqk9zVXfKlj

लॉ टीचिंग

https://youtu.be/YMfcwZvk9kg?si=oMS5sG8kU_RdMarl

Entry to the JAG Department

https://youtu.be/HTVrhNeYjAU?si=ZBZ8bzIg3yChPmW2

Law of Armed Conflict

https://youtu.be/3wr6iTmC2pg?si=SBD4S8OOz5TO9RSt

बच्चों के द्वारा या विरुद्ध अपराध

https://youtu.be/nR-dqyxSrRE?si=LUuTTZAxTWPMh_89

चाइल्ड सेक्सुअल एब्यूज का विरोध

https://youtu.be/qDaXb2dkNgs?si=XFeqUfhqdsADGpRs

इसके अतिरिक्त अन्य पांच प्रकार के जाॅब के लिए हमारे वीडियो हर रविवार को 11:45 पर रिलीज किए जाएंगे। आप उनको भी अवश्य देखें।

अपने कमेंट हमें लिखें। यदि आपके कोई सवाल हैं तो वह भी लिखें।

हमारे चैनल को सब्सक्राइब भी करें।

Introduction

Medical negligence, also known as medical malpractice, refers to a legal concept that arises when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm to a patient. This breach of duty can lead to serious physical, emotional, and financial consequences for patients and their families. In such cases, the expertise of a skilled lawyer becomes crucial to help victims of medical negligence seek justice and obtain compensation for their losses. The word negligence was defined by Hon’ble Supreme Court in Kusum Sharma & Ors v. Batra Hospital & Medical Research CIVIL APPEAL NO.1385 OF 2001, as “Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do”.

Defining Medical Negligence

Medical negligence occurs when a healthcare provider, such as a doctor, nurse, surgeon, or hospital, deviates from the accepted medical standards of care, resulting in injury or harm to a patient. To establish a case of medical negligence, certain elements must be proven:

1. Duty of Care: The healthcare provider had a legal obligation to provide a certain standard of care to the patient.
2. Breach of Duty: The healthcare provider failed to meet the expected standard of care, either through an act (doing something they shouldn't have) or an omission (failing to do something they should have).
3. Causation: The breach of duty directly caused or substantially contributed to the patient's injury or harm.
4. Damages: The patient suffered actual damages, such as physical injuries, pain and suffering, medical expenses, loss of income, or other losses.

Negligence is also mentioned in Section-2(11)(i) of the Consumer Protection Act, 2019 and is equated with Deficiency in Service. The section reads as under, “(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes— (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer”

How a Lawyer Can Assist in case of Medical Negligence

Cases involving medical negligence can be filed in Consumer Forums in India or directly in criminal courts if due to the rash act of the medical practitioner, a death has been caused. A lawyer in both the scenarios not only navigates you through the complex process but also puts his best foot forward to grant you the compensation you rightfully deserve. In cases of medical negligence, seeking legal representation is essential to secure the compensation and justice the victim deserves. Here's how a lawyer can help:

1. Case Evaluation: A skilled medical negligence lawyer will assess the facts of the case, gather evidence, review medical records, and consult with medical experts to determine whether there is a valid claim.
2. Legal Strategy: Lawyers will develop a legal strategy tailored to the specific circumstances of the case, considering factors such as the strength of evidence, applicable laws, and potential defenses.
3. Expert Testimony: Medical negligence cases often require expert testimony to establish the standard of care and prove the breach. Lawyers will work with medical professionals who can provide expert opinions on the defendant's actions.
4. Negotiation: Lawyers will engage with the defendant's legal representation and insurance companies to negotiate a fair settlement that compensates the victim for their losses, including medical bills, lost wages, and pain and suffering.
5. Litigation: If a fair settlement cannot be reached, lawyers will proceed to file a lawsuit and represent the victim in courts of law. They will present evidence, question witnesses, and make legal arguments to advocate for their client's rights.
6. Proving Damages: Lawyers will meticulously calculate and present the extent of the damages suffered by the victim, ensuring that all relevant costs are accounted for.
7. Ensuring Timeliness: Medical negligence cases are subject to statutes of limitations, which restrict the time within which a lawsuit can be filed. A lawyer will ensure that the case is filed within the applicable time frame.

It is always advisable to engage a professional lawyer in order to determine the strength of your case. This practice will also enable you to get educated about your rights as a victim of medical negligence. 

                                Connect with an expert lawyer for your legal issue

We have tried to cover every aspect of the above-mentioned subject. However, if you have any queries regarding the same, please connect with us at +91 98109 29455 or mail us at info@soolegal.com.

India's central law, the Narcotic Drugs and Psychotropic Substances Act, 1985, prohibits weed consumption, possession, sale, or purchase. However, states have their own legislation, making weed possession a criminal conduct and posing legal issues associated with it.

Weed’s definition as per NDPS Act, 1985

As per Section 2 (iii) and (iv)  of the NDPS Act, 1985, weed is defined as:

“(iii) cannabis (hemp) means:

1.     charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;

2.     ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and

3.     any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink, prepared therefrom;

(iv) cannabis plant means any plant of the genus cannabis;”

The definition of cannabis under the NDPS Act excludes bhang as a component of the plant.

The sale and manufacture of cannabis resin and flowers is prohibited by the NDPS Act, but the use of cannabis plant leaves and seeds is permitted, with states having the ability to regulate and execute state legislation. Section 10 of the NDPS Act of 1985 gives the states this ability. Anyone found with any of these cannabis plant components might face arrest. 

Legal position of weed in different states

Cannabis is not completely prohibited under the NDPS Act, and it can be utilized for medicinal, scientific, industrial, and horticultural reasons with the necessary approvals from the individual state governments.

1. Odisha is one of the Indian states where marijuana is legal, and inhabitants commonly consume it with 'chillums' within the state's borders.

2. Uttarakhand is India's first state to legalize commercial hemp production. Many other hilly states are contemplating permitting controlled hemp and marijuana growing since it is a wealthy crop that uses less water.

3. The Assam Ganja and Bhang Prohibition Act, 1958, makes the sale, possession, purchase, and use of ganja and bhang illegal in the state.

4. The Bombay Prohibition Act of 1949 makes it unlawful in Maharashtra to manufacture, possess, or consume bhang or bhang-containing drugs without a permit.

Acts pertaining to consumption of drugs

There are three legislations that determine punishment if you are caught carrying weed in India. These are: 

1.     The NDPS Act, 1985 

2.     The Juvenile Justice (Care and Protection) Act, 2000

3.     State laws

Section 20 of the Narcotic Drugs and Psychotropic Substances Act of 1985 makes it illegal to produce, sell, buy, transport, interstate import/export, or engage in any other commercial transaction involving cannabis. The purpose of drug possession is unimportant, and the punishment is decided by the amount of drugs in possession. As a result, of the two components of crime, actus reus and mens rea, only actus reus is sufficient to prosecute a person under this Act. If a person is apprehended with drugs or is proven to be a drug addict, he or she will not be punished if he or she agrees to voluntarily undergo de-addiction therapy.

Section 20 of the NDPS Act, 1985: punishment for possession of weed

As we all know, punishment is proportional to the amount of possession. As a result, we must understand how much amount is used for personal or commercial purposes.

Small quantity 

1.     Hashish or Charas: less than or equal to 100 grams

2.     Opium: less than or equal to 25 grams

3.     Ganja: less than or equal to 1000 grams

Commercial quantity 

1.     Hashish or Charas: More than or equal to 1 kilograms

2.     Opium: More than or equal to 2.5 kilograms

3.     Ganja: More than or equal to 20 kilograms

PUNISHMENT

For cultivation of cannabis plant

The statutory punishment for cultivating any cannabis plant is a term up to ten years of imprisonment and a fine extending up to to Rs. 1 lakh.

For production, manufacturing, possession, sale and purchase, transit, interstate import and extortion

The statutory punishment for possessing a small quantity is rigorous imprisonment for up to 6 months, a fine of Rs. 10,000, or both.

The statutory punishment for possessing more than a small quantity but less than the commercial quantity is rigorous imprisonment for up to 10 years, a fine of Rs. 1 lakh, or both.

The statutory punishment for possessing commercial quantity is rigorous imprisonment for up to 10-20 years, a fine of Rs. 1-2 lakh, or both.

Other sections of the NDPS Act which deals with punishment for possession/consumption of weed.

Section 27 specifies the penalties for consuming any of the narcotic drugs or psychotropic substances.

The nature of the offence

Offences committed under Section 27 of the NDPS are non-bailable and cognizable (as stated in Section 37 of the NDPS Act).

Section 28

Section 28 specifies the penalty for attempting to conduct an NDPS Act-specified offence. It is so declared that whoever attempts to commit any offence punishable under this Chapter or causes such offence to be committed and undertakes any act towards the conduct of the offence must be punished with the punishment stipulated for the offence.

Section 29

This section outlines the penalties for abetment and criminal conspiracy. It is specified that whomever abets or is a party to a criminal conspiracy to commit any penal offence will be punished with the punishment imposed for the offence, whether or not the offence is or is not committed as a result of such abetment or in furtherance of such criminal conspiracy.

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Should India legalize Weed Consumption

India's government has the option to legalize weed, which would be more beneficial than harmful. Legalization would provide safety and product quality assurance, reduce victimization, sanction risks, search costs, and psychological discomfort associated with illegal goods, leading to lower quality-adjusted relative prices. Retail prices would also fall due to supply-side risk, resulting in increased consumption. Legalization would also generate more tax revenue, employment, and investment opportunities due to marijuana's high monetary value. Additionally, the government could tap into the medicinal and therapeutic benefits of weed through research and clinical trials. Overall, legalization would be a significant economic benefit for India.

Introduction: In India, the legal profession offers a myriad of opportunities for aspiring lawyers. One such avenue is becoming a legal advisor. A legal advisor provides expert counsel on legal matters, guiding individuals and organizations through complex legal frameworks. This article outlines the essential steps and considerations for individuals looking to embark on the journey of becoming a legal advisor after completing their LLB degree.

Who is a Legal Advisor? A legal advisor, also known as a legal consultant or legal counsel, is a professional who provides expert legal advice and guidance to individuals, businesses, organizations, or governments. Legal advisors play a crucial role in helping their clients navigate complex legal issues, understand their rights and responsibilities, and make informed decisions within the framework of the law.

Key Responsibilities of a Legal Advisor:

1. Providing Legal Advice: Legal advisors analyze legal problems and provide advice on the best course of action. They interpret laws, regulations, and court rulings relevant to their clients' situations.
2. Drafting Legal Documents: Legal advisors draft legal documents such as contracts, agreements, wills, and legal notices to ensure that they accurately reflect their clients' intentions and comply with the law.
3. Negotiating and Mediating: Legal advisors often participate in negotiations on behalf of their clients, aiming to achieve favorable outcomes while adhering to legal principles. They may also mediate disputes to avoid litigation.
4. Risk Assessment: Legal advisors assess potential legal risks that their clients might face and provide strategies to mitigate those risks.
5. Compliance: They ensure that clients adhere to applicable laws and regulations in their operations and transactions. This is especially crucial in regulated industries.
6. Representation: While legal advisors do not typically engage in courtroom litigation, they might represent clients in administrative hearings, arbitrations, and other non-court proceedings.
7. Research: Legal advisors conduct in-depth legal research to support their advice and to stay updated with changes in the law that might affect their clients.
8. Confidentiality: Maintaining client confidentiality and attorney-client privilege is a fundamental duty of legal advisors. Clients must be able to share sensitive information with the assurance that it will remain confidential.
9. Ethical Guidance: Legal advisors help clients understand the ethical implications of their actions and guide them in making ethically sound decisions.

General Procedure in becoming a Legal Advisor in India:

Step 1: Attaining an LLB Degree: The first crucial step is to obtain a Bachelor of Laws (LLB) degree from a recognized law school or university. The LLB program equips students with foundational legal knowledge and skills necessary for a successful legal career.

Step 2: Register with Bar Council: To practice law in India, you need to register with the State Bar Council. This registration is essential to legally offer advisory services to clients. Different states have their respective Bar Councils, and registration requirements may vary slightly. Having experience as a practicing advocate will enhance your credibility as an advisor due to the experience you shall hold.

Step 3: Gain Practical Experience: After completing the LLB degree, aspiring legal advisors should aim to gain practical experience. Joining law firms, legal departments of corporations, or practicing under senior advocates as an intern or junior associate can provide invaluable insights into real-world legal scenarios.

Step 4: Pursue Specialization: While a general LLB degree is a prerequisite, specializing in a specific area of law can enhance your expertise and marketability as a legal advisor. Common areas to consider include corporate law, intellectual property law, family law, criminal law, and more. Specialization enables you to offer focused guidance to clients within your chosen domain.

Step 5: Enroll in a Master's Degree Program (Optional): Though not mandatory, pursuing a Master's in Law (LLM) can further enhance your knowledge and credibility as a legal advisor. An LLM offers advanced education in specialized legal areas and is particularly valuable if you aim to provide specialized advisory services.

Step 6: Obtain Practical Training (Optional): Completing practical training programs, such as those conducted by bar councils or legal associations can provide exposure to the practical aspects of legal practice. These programs often involve mock trials, legal research, and client interactions, enriching your practical skills.

Step 7: Build a Network: Networking is crucial in the legal profession. Attend legal seminars, conferences, workshops, and bar association events to connect with fellow professionals, mentors, and potential clients. Networking helps you stay updated on legal developments and build a client base.

Conclusion: Becoming a legal advisor after completing an LLB degree in India requires a combination of education, practical experience, specialization, and networking. The journey involves continuous learning and adaptation to stay current with the evolving legal landscape. By following the steps outlined in this article, aspiring legal advisors can pave the way for a successful and fulfilling career in providing expert legal counsel to individuals and organizations.

Connect with an Expert Lawyer for Your Legal Issue 

We have tried to cover every aspect of the above-mentioned subject. However, if you have any queries regarding the same, please connect with us at +91 98109 29455 or mail us at info@soolegal.com.