Advocate Sparsh Gupta practices law at the Punjab and Haryana High Court and Supreme Court who deal with the cases related to prevention of corruption especially bribe trap cases as well as writ petitions pertaining to retrial benefits/ service records and PILs . He completed his BA LLB ( Hon.) from Institute of Law, Kurukshetra University, Kurukshetra and is currently pursuing LL.M from Department of Law,Kurukshetra University
Nikita Goel: Sir, please inform our readers about your diverse work profile.
Advocate Sparsh Gupta– I practise at Punjab and Haryana High Court, Chandigarh and work under the stewardship and guidance of my brother , father ( Mr. Kamal Gupta) and my grandfather [Mr B R Gupta (retd. Judge)] who are also practising there only. Besides this, I work in the Supreme Court of India with the aid and assistance of my colleagues there. I basically deal with cases related to prevention of corruption especially bribe trap cases as well as writ petitions pertaining to retrial benefits/ service matters and also PILs . Though I am have not specialised in any particular genre yet but I am open to learn from my seniors/ juniors everybody.
Nikita Goel: Tell us about your educational background. What prompted you to choose law?
Advocate Sparsh Gupta- I have earned my BA LLB (Hons) Degree from Institute of Law, Kurukshetra University and incomparable with any other law college , I have been given a lot of exposure, knowledge and experience as well as curiosity for quest of knowledge not only for legal field but also for life. I don’t hesitate to boast about it but there is definitely an unparalleled and matchless support for everyone in the college by teachers as well as friends .
Nikita Goel: What problems do you face in your profession?What kind of work pressure do you experience?
Advocate Sparsh Gupta- See people have established a stereotype that I will not face any pressure or constraints as I belong to a family with legal background but that’s not true , I was facing a much bigger risk to fail them all if I do not perform well . But to be honest, its not the pressure which haunts a young lawyer , its his attitude to learn things. If I have attitude that I know everything then definitely I am going to fail because knowledge in this field is as vast in its scope then anyone could imagine. And its my belief and experience that you wont face any pressure in this field because even the senior most lawyers everywhere are ready to help you guide you and I have had such experience in Supreme Court with advocate Ashok Kumar Sharma Who has the experience of more than 4 decades in the Supreme Court, who guided me on our very 1st meeting and made me feel confident to appear independently in a bail matter on my own. Its the result of trust reposed by seniors , juniors and my colleagues that I am capable of answering your questions..
Nikita Goel: It is generally believed that one must have a strong legal background in order to succeed in legal profession. What are your views on this? Do you really think that it is comparatively more difficult for first generation law graduates to establish themselves in any field of law?
Advocate Sparsh Gupta: As I haveearlier mentioned that people have established a stereotype or a notion that a law graduate from a family with legal background will not face any pressure or constraints but that’s not true. Since, I am myself from a family with legal background but still I was facing a much bigger risk to fail them all if I do not perform well . But to be honest, its not the pressure which haunts a young lawyer , its his attitude to learn things. If I have attitude that I know everything then definitely I am going to fail because knowledge in this field is as vast in its scope then anyone could imagine. When you have good guidance of your seniors and colleagues and due support from your juniors you can achieve anything with persistent hard work. I feel that in my achievements there is a great role of the confidencelaid in my work and skills by everyone around me.
Nikita Goel: In the last ten years, you must have seen a tremendous change in litigation. Now women are equally going in for independent practise. What do you have to say on this? Also, what do you think are the reasons behind relatively lesser number of women than men in practise?
Advocate Sparsh Gupta: The only thing I know of is that people have become more aware of their rights and duties. There has been a tremendous participation by the youth in the field of litigation whether in the field of protecting their intellectual property or facing any sort of injustice in any area. Youth is aware now. And they are continuing to develop and spread their knowledge. Women in this field have made a commendable effort on the challenges that they have faced. They have struggled in the past and are still struggling today. Although there are no longer hostility regarding public opinion of them working in courts but the psychological problems and maintaining the balance between the family and work is very hard to overcome. This profession demands time whether to learn or perform and the women not only even in the profession even in college times go through a lot. I am sure everyone is doing it’s part whether man or woman but if I could give 1% of my mother’s efforts that she gives to her family and her working life, I would have accomplished everything.
Nikita Goel: Besides litigation or judiciary law students can explore much more. What’s your view on this?
Advocate Sparsh Gupta: Every person has his/her own passion and in my view one should do whatever one feels would give him/her absolute fulfilment. I do have my colleagues who got through judiciary and then some who are practising in courts with me. There is no limitation over the prospects of this profession, they could run a business well because they are aware of the legal formalities , they can operate a law firm , consultancy firm, but right now, I see that these days there is a trend that the most talented persons are going in corporate jobs because there are better monetary prospects and comfortable perks. Some have great skills of corporate sector, therefore, they find better job satisfaction there. But being in this profession, I would recommend every one whether preparing for judiciary or corporate job, they should once try to acknowledge( not face) the court. But nothing succeeds like success so whatever field you are in just excel in that.
Nikita Goel: Besides Practicing law, what do you endure the most or what else do you pursue during leisure time?
Advocate Sparsh Gupta: Besides practising, I like to travel with my friends but since they all work in different cities, its very difficult to meet up with them frequently. So I have put my thought wheels and spend my time studying and researching on various aspects of law. Moreover, with the effort of my colleagues , my juniors and seniors, I might come up with a combined amalgamation of my work which will mainly focus on the aspect that even a layman understands the law. Though, its a massive mission, therefore, tomake it a success, itwill require persistent efforts and suggestions of every person who want to enthusiastically contribute to legal awareness in our country, since, the underlying idea behind this is just to make people aware of the laws.
Nikita Goel: Sir, Let our readers know about the subject of the research on whichyou are working on.
Advocate Sparsh Gupta: It is basically a commentary on Indian Contract Act, 1872, which will cover all the aspects and legal provisions for making an effective contract between two persons, companies and if I could manage would be uploading sample contracts so that its easy to draft for the people on their own by just filling the particulars and to get knowledgeable material to learn from. Moreover, for making it of assistance to my colleagues and the fraternity I belong, latest judgments from various Courts of India would be incorporated in this so as to give a clear picture of the provision with the latest view of courts. Hopefully, it would also be very beneficial and helpful for the law students.
Nikita Goel: How can your research work benefit law students and law professionals?.
Advocate Sparsh Gupta: Well, if successfully carried out…then it will not only contribute to legal awareness but will also bring together the legal fraternity and a platform will be generated for the exchange of legal views.
Nikita Goel: What are your views regarding the system of legal education in our country? What are your recommendations, if any amends required?
Advocate Sparsh Gupta: Legal Education in our country has never been brighter to this day. Like I said everybody either with the help of movies, TV series , news channels , debates on legal topics is interested in learning law and, moreover, practising it. Besides this, the credit goes to the learned people of this fraternity being either the judges or advocates and most importantly the educators i.e. our teachers. The teachers not only of a law college but of every college, imbibe in a student a responsibility to be a better citizen to fulfil his rights and oblige the society by performing his duties. If I could be given a right to amend , I would advise to make it mandatory for students to study one subject of law (of their interest) or get a diploma in the same so as to add to their effective skill set, a perception of social responsibilities, they need to perform in their life.
Nikita Goel: Any message for the young law students and what skills should they develop so that they can be a good lawyer or academician as well as responsible citizen of this nation?
Advocate Sparsh Gupta: I would like to quote an instance where I have seen a parliamentary session in which the Hon’ble Defence Minister Mr Arun Jaitely had made a reference to an election campaign between two candidates Mr. Bush and Mr Ross Barrow two decades ago and the line Mr Ross Barrow used for his campaign was the quote of famous General George S Pattron and I quote-‘Lead me, follow me or get out of my way’ and, therefore, as far as advising anyone is considered, I would just follow this principle and right now my consistent message is that everyone should learn first and one day you shall become ‘the learned’. So never refuse to learn. I am learning and you should learn too.
Interviewer- Nikita Goel, student of B.A. LL.B (Hons) at Institute of Law, Kurukshetra University, Kurukshetra & Convener, Reporters Committee, INBA