In Conversation With Senior Advocate Rajiv Nayar

Mr. Nayar, what was your motivation behind pursuing law? How has your journey been?

I wanted to be a journalist, since my father was an illustrious journalist. But after the experience of his being arrested during the Emergency, and the way the Press capitulated, I thought it would not be a good idea to pursue journalism. In fact, my father was keen that I join the Civil Services. He pushed me to apply, but eventually, I didn’t write the exam. So, I ended up pursuing law. My journey so far has been very fulfilling since I have had the good fortune to represent an array of clients.

What has been your mantra for success? What is your advice for young litigators in the profession?

Hard work, preparation and patience are the potent combination for success. There is a great temptation to take the easy way out amongst younger lawyers. When you are in a hurry, you sometimes make wrong choices. As a result, your standards or ethics may not be the same. My advice is that you can still succeed if you go the honest and straightforward way. You don’t have to be unethical to make money.

You have extensively appeared both before the Supreme Court and the High Courts. Tell us the difference between both forums in terms of adjudication?

Both operate in their own spheres and give a sense of satisfaction.

Tell us about one of the most memorable cases that you appeared in.

There have been a lot of them. It won’t be fair to single out anyone. The main thing is that even after so many years since I have been in the profession, i.e., more than 40 years, even now, there is the thrill of winning a case. It matters to me to succeed in a case.

You appear before NCLT, NCLAT and other tribunals. What is your opinion on tribunalisation? Has it helped justice delivery?

I have been consistently held against tribunalisation because it is neither effective nor a viable alternative to the courts. It is only in courts that there is full and complete adjudication and the same is consistent with the spirit of justice. See the change post the abolition of the alternate tribunals under the Trade Marks Act. This according to me should be a precursor for having a relook at all tribunals. My motto is fill the vacancy amongst judges and let them be the arbiter of adjudication under all acts.

What are your expectations from the changed leadership of the Supreme Court with Chief Justice UU Lalit at the helm?

Expectation is of disposal and fair justice.

Can you tell us about one favorite book of yours which you would like to recommend to our readers?

Pelican brief is my all-time favourite book.