
IF YOUR PRINCIPLES OF MATHEMATICS ARE CLEAR, YOU WILL GET THE RIGHT ANSWER: 1 + 1 = 2. IF YOUR PHILOSOPHICAL BASE IS CLEAR, THEN YOUR DECISIONS WILL ALWAYS BE RIGHT — YOU WILL KNOW WHAT IS THE RIGHT THING TO DO, AND WHAT ISN’T.
BCAS and the CA profession have completed 75 years. In order to commemorate this special occasion, the BCAJ brings a series of interviews with people of eminence from different walks of life, the distinct ones whom we can look up to, as professionals. Readers will have an opportunity to learn from their expertise and experience, as well as get inspired by their personal stories.
Here is the text (with reasonable edits to put it into a text format) of an interview with Dr Nishith Desai, international tax and corporate lawyer, researcher, author, innovator, thought leader and lecturer.
Dr Nishith Desai is the founder of Nishith Desai Associates (NDA), a research and strategy-driven international law firm. The firm has been recognised as one of Asia-Pacific’s most innovative Law Firms by the Financial Times, London. NDA is committed to shaping the future of law and fostering the next generation of socially conscious lawyers.
Dr Desai’s interests span a wide spectrum of law, society and ethics. He has argued many famous cases before the Advance Ruling Authority, laying down new age jurisprudence and also appeared before the Indian Supreme Court along with Shri Harish Salve KC in the celebrated Azadi Bachao Andolan.
In the year 2023, for his contribution to the jurisprudence of international tax in India, Amity University awarded him an Honorary Doctorate. In 1983, he suggested that the Indian government develop Andaman Nicobar Island as a free trade zone. In or about 1992, he assisted the Mauritius government in developing the country as a reputed offshore financial centre. He helped conceptualise the idea of Gujarat International Financial and Technology City (GIFT City) in 2007, when he travelled with the then Gujarat State Chief Minister and now Prime Minister Shri Narendra Modi.
The Indian Government has recently appointed him as an expert committee member with a mandate to onshore the India innovation to GIFT IFSC. Further, the National Startup Advisory Council has appointed him as a non-official member of the committee with a focus on nurturing innovation and startups to drive sustainable economic growth.
With a keen interest in technology, Dr Desai actively drives legal and ethical research into emerging areas such as blockchain, autonomous vehicles, flying cars, IoT, AI and robotics, medical devices, and genetic engineering, amongst others. In January 2024, NDA became the first Indian law firm to formally develop and implement an AI-ChatBot for their lawyers.
To nurture imagination, innovation, research and impactful thinking, Dr Desai has set up the research campus, Imaginarium Aligunjan1 in Alibaug, near Mumbai. This space brings together prominent leaders and researchers to collaborate and create a positive change in the world.
1 http://aligunjan.com/
In this interview, Dr Desai talks to The BCAJ Editor Mayur Nayak and past Editor Raman Jokhakar about his career, mentors, tax laws, gaps in lawmaking, bottlenecks in ease of doing business in India, his message to youngsters and much more….
Q. (Mayur Nayak): Good morning, Dr Desai, and thank you very much for accepting our invitation for this interesting interview about your life journey, the legal systems in India and the Indian tax scenario. To start with, tell us something about your personal life journey. How did you end up taking up law as a career?
A. (Nishith Desai): Thank you so much for inviting me. Firstly, I would like to compliment the Bombay Chartered Accountants’ Society on completing 75 years. In the 1980s, I learned a lot by attending its refresher courses.
As far as my life is concerned, I have had a very checkered kind of history. You could say I had a bit of a troubled childhood. I was about 3.5–4 years old when my father passed away. My mother remarried, and I spent a few years with my stepfather before I came down to Mumbai in 1963 with my phuphi (paternal aunt). The next 16 years were tricky for me. I learnt to live with a lot of things that are slightly difficult in life. These challenges though shaped me and made me robust. My phuphi’s family had a family store — a chemist shop, and I started helping out there.
On my maternal side, my nana (maternal grandfather) was a renowned lawyer in Dahod near Vadodara, where I was born. He was well-known, very knowledgeable and yet modest. So, it was an interesting background — on one side, I had a troubled childhood; on the other, I had an excellent life with my nana — he taught me the first principles of practice of law.
Those days, we did a lot of work with VinobaBhave, who is my icon even today. He was by far the saintliest of all the politicians I have ever known. He knew about 40 different languages. I was also involved in the Bhoodan Movement in those days. VinobaBhave led me to think globally. In 1955, in an article which he used to write for Sarvodaya Patrika, he wrote (and I am paraphrasing here), “Forget about the slogan, ‘Jai Hind’, talk about ‘Jai Jagat’ – Jai Hind was good for independence, but now we have to think of growth not just for our country alone, we have to think about the growth of the entire world”. This approach of his helped me broaden my mind as well and think globally.
I was not sure whether I would pass my SSC, which was then the 11th standard. But I did and went on to complete my Bachelor of Arts. Studying liberal arts played a very important role in my life because it made my thinking lateral and liberal.
Q (Mayur Nayak): Working in a CA firm — I understand you also had a stint of working with a Chartered Accountancy firm. Talk us through that experience.
A (Nishith Desai): My kaka (father’s brother) got me a job with an accountancy firm, Thakkar Butala. When I went to the office the first day, I found my biggest problem was that I did not know Accounts. Someone asked me to look at a Balance Sheet. I asked them what that is (chuckles). The first thing they told me to do was to go to the ICAI office and get a booklet, ‘How to read a Balance Sheet’. It was like going back to school — this booklet helped me a lot.
I also learned that accountants are very disciplined people, unlike lawyers. Often I say creative people are not very disciplined and disciplined people are not very creative. If you combine creativity and discipline, it is a powerhouse. Then over time, I did LL.M with International Law.
Q (Mayur Nayak): Law Degree — When did you decide to pursue a Law Degree? Why the interest in International Taxation?
A (Nishith Desai): My kaka was also a lawyer in Mumbai. As I said, my nana was also a lawyer — so, Law was there somewhere in my DNA, but I began to pursue it more when I joined Law College. I did my LL.B. and then LL.M. in International Law, which is where my interest lay. I also now have something called an Honorary Ph.D. in International Tax (chuckles).
I always give some credit to Vinoba Bhave, who made my mindset global, for my interest in International Tax. When I did my Law, I was interested in Employment Law. When I started my Labour Law practice, as it was called then, there used to be many strikes, lockouts and unions. Today’s kids won’t know what a strike means, or what a lockout is, right?
Then, one of my neighbours got me a job with the Solicitors’ firm, Bhaishanker Kanga and Girdharlal (BKG). I could not afford to do the two-year Solicitors Course as I had financial limitations.
Then a senior partner of BKG, M MThakore, got me an opening with the Tax Lawyer, Sanatbhai Mehta or SP Mehta as he was popularly known. I was a standing counsel with him (chuckles) because his chamber in the Great Eastern Building was so small, and at that time, Vasantbhai Mehta, Vijay Patil, Sudhirbhai Mehta, IndrajeetMunim and others were also there. There was no place for me to sit. So, I was always standing. All the young people were literally standing counsels (chuckles). I learnt from Sanatbhai that one could conduct tax practice honestly.
Further, in the Bombay High Court, I came in contact with various counsels — the then legends. I had the opportunity to work with Palkhivala, Kolah and others.
But first and foremost, I was a counsel, and I would go to court. My first appearance was before Justice S K Desai and Justice M N Chandurkar. S K Desai was one of the smartest judges in those days. I remember my first appearance before him —- I was a little petrified, but he said to me, ‘Mr. Desai, tell us the facts; we know the law.’ These kind words gave me a lot of confidence. Ultimately, you know, juniors, at the minimum, must know the facts. Sometimes, they may not be fully aware of the interpretational aspects; it takes some time — typically five–seven years.
Looking at the whole ecosystem, I realised that nobody focused much on the international aspects of Indian taxation. So, I decided to do my Ph.D. on the subject, but I could not find any guide. I decided to do my own research and comparative tax study of various jurisdictions. That took me two–three years.
Q (Mayur Nayak): Nani Palkhivala — Can you tell us about your association with Nani Palkhivala?
A (Nishith Desai): The office of Thakkar and Butala was next to Bombay House; that’s how I got closer to Palkhivala — it’s a long story. He was very fond of me, and I learnt a lot from him. One of the things l learned, besides the professional work was the art of effective delegation. He explained to me, ‘Nishith, when you delegate something to somebody, spend some time explaining to him the background and what you expect and by when, rather than telling him to just do it’. He was my icon, and I wanted to be like him. I thought to myself, I may not reach his stature, but it will at least get me somewhere.
Q (Mayur Nayak): Young householder — While all this was happening, what was the situation at home? Do share a little about your life as a young householder.
A (Nishith Desai): Well, my work was going on. We had a tiny apartment in Khira Nagar — a one-room kitchen. My kids were born there. We were four people, and in those days, a lot of guests used to come over to stay with us as we were close to the Santacruz airport. Everybody who had to travel abroad would need to come to Mumbai. At one time, I remember we had 14 people staying in the house with their bags. But my wife had a big heart.
My wife created a dining table which could be converted into a study table for me to sit and read at night after I came back from work. After three–four years, I got a grip on international law, treaties, and that kind of thing, but there was not much work.
Q (Raman Jokhakar): First international break — How did you get your first international client / break?
A (Nishith Desai): In 1981, one of the world’s largest privately owned construction companies, Bechtel, was looking to come to India for a project. They wanted somebody who understood international construction contracts and international taxation of international construction contracts — both complicated subjects. They went around the country but couldn’t find anybody. Those days, everybody was into domestic tax, and none of the tax lawyers had any idea about construction law. While doing my LL.M., I had studied both of these, and I had some understanding.
They came across an article of mine which had been published in the US and came to see me. There I was, a lanky young guy with long black hair. They looked me up and down and were not sure if I was the right lawyer. But they asked me many complex questions and told me their requirements. I said I have all the theoretical understanding, but no practical experience. However, they were very happy with my theoretical answers on construction law and international taxation of international construction contracts. So, they engaged me.
I think that gave me a real breakthrough because it was one of the largest construction companies — I had no idea how large it was; it was like an ocean. I was absolutely clueless about their reach because we were then a closed economy. I had not travelled abroad at all. They appreciated my work for them. The relation with Bechtel continued for decades — I worked on Bechtel’s famous advance ruling case –Bechtel S.A.
For their work, they invited me to their offices in the US. They were based in San Francisco but invited me to their legal office in Los Angeles. In those days, I would stay with friends and relatives because I couldn’t afford a hotel stay. Bechtel’s name got me instant credibility. Everywhere I went, when I would tell people that I was a lawyer to Bechtel, they would say, ‘Is it? My cousin/ brother/ friend works there’. In those days, most people who went from India were engineers, and the US was building its infrastructure, so the majority of Indians worked for companies like Bechtel, Google or Amazon did not exist then.
Q (Raman Jokhakar): Global reach — How did you go about increasing your international clientele?
A (Nishith Desai): There was a delegation from Dupont coming to India in 1982–83 as they were interested in India. I was part of the Indo-American Chamber of Commerce. When you are a young professional, you take part in these associations to develop your practice — so I was very active there. I was asked to organise a meeting of management consultants for them. When I met them, I started discussing philosophy as I had no background in management. I told them:
Law is nothing else but a philosophy that is codified, and religion is nothing else but a philosophy that is ritualised. People pay more attention to code, sections and rituals than the philosophy behind it. The leader of the delegation got very interested in Indian philosophy and invited me to visit their headquarters in Delaware on my next trip to the US. When I went there, I thought I would meet a few in-house lawyers; instead, besides two–three in-house lawyers, there were about five–six international business strategists. Everyone there was flashing around their visiting cards. I didn’t know what to say about strategies, so I requested their time (adjournment) for a meeting a week later. After all, lawyers are good at taking adjournments (chuckles).
Once I left there, I called up a Chartered Accountant friend who had done his MBA in the US and requested him to recommend some books on strategy for me to buy. He suggested that instead of buying, I go to Barnes & Noble, a large bookstore in NY and I sit and read there. For one week, I visited the store every single day and sat on a side bench to read all the latest books available on management and strategy — it was like doing a crash course. Thankfully, lawyers are trained to do rapid reading (chuckles). A week later, when I went for the meeting, I was very well prepared — I dropped some authors’ names, quoted from some books in my conversation and looked like an expert (chuckles). I told them:
“Everything starts and goes back to philosophy. From philosophy emerges your mission, vision, goals, etc. and then comes strategy; structure follows strategy, the strategy doesn’t follow structure.”
I asked them, what is your philosophy towards India? Do you treat India as a partner in prosperity or as a market to sell your machines? Have you understood various philosophies pursued by different MNCs towards India and other countries? They got very excited with my questions and asked me whether I would be willing to do a corporate philosophy study for them — unusual for a lawyer to end up in a paid project (chuckles). I got paid US$4,500 for this in 1982 — at that time, it was good money. It was a primary study, so I had to go and meet retired CEOs of different companies which had operated in India, such as Coca Cola, Pepsi, Monsanto Chemicals, Dow Chemicals, IBM, etc. to ask them about their experience in India and their philosophy behind coming here, and also why they had left. These conversations helped me learn a lot about organisational behaviour and corporate strategies. Dupont was very happy with my report, and they developed their India strategy on it.
And since Bechtel was San Francisco-based, I also got clients like Clorox, Levi Strauss. All these made me a strategic lawyer.
Q (Raman Jokhakar): Setting up practice — How did you go about setting up your law firm?
A (Nishith Desai): My solo practice began to grow in the US and in 1985–86, I focused and got more involved with Wall Street, mainly investment banking. If you take the top 5 investment banking companies then, such as Goldman Sachs, Merrill Lynch, Lehman Brothers, etc., — the 5th largest was Bear Sterns. The Managing Director of Bear Sterns, an Indian, Anil Bhandari, became a close friend and suggested I set up a law firm. Counsels were not known to set up law firms in India. The law does not stop them from setting up a law firm. It was a complete antithesis to the environment then. I found there were many counsels who specialised in various matters but could not institutionalise their practice.
My main question to myself was, why should I set up one more law firm on the street? What difference can I make, or what value can I add to the professional world?
So, from 1985–86 to 1989–90, I studied about 100 professional services organisations — that included senior partners of law firms, accounting firms and consulting firms. One of the partners at McKinsey NY extended friendly help to me to build a firm, and educated me on the whole ecosystem of global law firms. He suggested there is a Harvard case study on Wachtell Lipton, Rosen & Katz, a law firm, which makes for an interesting read for all professionals.
Being small is not bad. Today, everybody wants to say they are a full-service firm. McKinsey indicated that I could design my firm on the lines of Wachtell Lipton, if I wished to, but I should stay very focused. And interestingly, McKinsey was built by a lawyer — it was an accounting and engineering firm in around 1925. During the 1930s recession, it was struggling to survive — a lawyer named Marvin Bower was brought in from the law firm called Jones, Day, Reavis& Pogue. He changed the whole philosophy and instituted law firm practices into McKinsey. So, even today, McKinsey is structured more like a law firm. I thought I could combine features of Wachtell Lipton and McKinsey, and build a new law firm model by adding futuristic features to it. That’s how NDA was designed.
Q (Raman Jokhakar): Idea of success — Has your idea of success — from when you started off as a young professional to now — changed?
A (Nishith Desai): I was always on the lookout for those who inspire. It was a process of evolution rather than systematic visioning. The legendary Nani Palkhivala was so inspiring and yet so humble. Similarly, Sanatbhai Mehta was another inspirational figure in my life. R J Kolah was a firebrand counsel. So, my vision was to become a good counsel. I have evolved over the years. I remain very open-minded. One must be disciplined; remember, reputation is the most important asset one can have. Similarly, respect is very important.
It was Jonathan Swift who said, “Vision is the art of seeing what is invisible to others.” In my opinion, there are two types of vision: physical vision and intangible vision. Physical vision is all about tangibles — how many millions you have made, how many buildings you own, etc. The second is the intangible vision — the culture of the firm, what do I want to contribute to society, etc. You have to combine both the physical and the intangible parts. Today, everyone focuses only on the physical — we want to be a 1,000-crore company, etc.
I often give this example: there are two ways to be powerful. One, become bigger and bigger like the elephant who dominates, or two, become smaller and smaller like an atom which is so powerful. Size doesn’t matter; position matters. Don’t worry too much about being big. Doing the right thing is what is important.
With the help of Suril, my son, we are now building a purpose-driven firm. We are not a uni-dimensional commercial law firm, we are a three-dimensional firm. The first dimension is to do innovative, complex cross-border transactions and litigations – this is the commercial part; the second dimension is to foster the next generation of socially conscious lawyers, and the third dimension is to shape the future of law. I believe we shape the world we want. So, we look to 10/15/20 years ahead, foresee the technologies of the future, the new business models, the imminent socio-political development and then visualise today — the future strategic and ethical issues.
We have to be able to understand the future. The role of law and lawyers will shift from compliances and actions to strategic management, crisis management and ethics.
Compliance is heavily automated now — both for the lawyer and the Chartered Accountant. Similarly, in the next 5–7 years, deal negotiation will also be automated through Blockchain and AI. You don’t have to negotiate; 90 per cent will be done by technology, so the role of a professional will be reduced to that extent. Smart contracts, self-enforcing contracts will be in place, with only 10–20 per cent of the terms being left for lawyers to negotiate. The other role is crisis management, which will, to a certain extent, continue, and then there will be ethical issues. The advent of new technologies will bring its own set of ethical issues The same issues will also come up for accountants.
Q (Raman Jokhakar): Style of management — Please shed some light on your style of management.
A (Nishith Desai): I am not a command-and-control type of person. In this new world, the command-and-control system always crashes and invariably leads to politics. I believe in freedom with responsibility and accountability — that is the new model we are working on. It is very difficult to monitor individuals; if they are not responsible, they fall into the trap. Being responsible or discharging responsibility alone is not enough; you have to be accountable.
In our firm, we have a measurement system called Balance Score Card. It is not a strategy but a measuring system. Many law firms work till 2:00–3:00 am; people take pride in saying they work till 1:00–2:00 am; once in a while, that’s okay, but not always. Remember, life is never straightforward; there are always ups and downs.
Balancing life or harmonising work and life is very important to us. In our firm, 80–90 per cent of our people leave at 5:30–6:00 pm. A typical day starts at 9:00 am, with one hour of Continuing Education Program. Everyone attends this, no exceptions — I attend too. From 10:00 am, for the next six–seven hours, we do billable work; the remaining hours are devoted to research.
Our career growth path is based on visible expertise. We have no titles — fresher, junior associate, senior associate, director, principal, etc. Once you introduce titles, it creates entitlement. We have broadly two levels: members up to five years, and then leaders. We define a leader as someone who is competent and inspirational. Leaders should behave in a way that others want to follow.
Under visible expert theory, the first level of growth or visible expertise is to be known as an expert within the firm. The second level is to be known within professional circles. The third level is to be known within the industry. The fourth level is to be known nationally. The fifth level is to be known globally.

One article which I always give people when they join is ‘Level 5 Leadership: The Triumph of Humility & Fierce Resolve’ by Jim Collins. Once you develop the expertise or leadership, the most important thing you have to develop is to be humble. Humility and empathy must drive leaders’ behaviour.
We are now trying to develop a model called Driverless Organisation, something along the lines of a driverless car. How does a driverless car work? Every piece or part — be it hardware, software, sensor or dashboard — does its job. We give our people a dashboard week-on-week, and we review their Balance Score Card. In a profession or business, there are four dimensions: 1) your clients — you take care of them; 2) your people — clients are served by people, so you take care of people; 3) your processes — you have good clients and good people, but if you do not have good processes, things will fail; 4) your finances — unless you harmonise clients, people and processes, finance will not be right. That is the philosophy behind the Balance Score Card. What you want to balance in your business (or profession) is your prerogative alone.
For us, purpose is very important. Billable hours have to translate into value creation. Value creation also includes article writing, research, thought leadership, podcasts, etc. — these can be objectively measured – this is Part A of Balance Score Card. Part B is subjective — month-on month, the mentor–mentee sit together and discuss.
Conversations (while evaluating) should be more about potential rather than only criticism. It gives a different dimension to the conversation. Rather than setting targets, we indicate their potential (to the team). We have a trust-based environment — trust people as much as you can but blind trust is also not good. There are certain policies we follow, like anyone in the firm can travel anywhere in the world without approval; there is no leave policy. We trust our people that they will judiciously travel and be accountable for expenses.

Q (Mayur Nayak) How did you get an idea of the research campus “Ali Gunjan”? Tell us something about Ali Gunjan.
A (Nishith Desai): In the US, I saw law firms housed in these fancy buildings, and I thought — why can’t we have something like this in India; why not make it purpose-driven and not just business-driven? The idea of a research centre (Ali Gunjan) germinated from there.
My wife bought a piece of land in Alibaug without telling me (chuckles). I thought, let us put this to use for the greater good. I was very clear that the property had to be socially useful. Right from an early age, I have always been interested in learning new things. Even today, I have a childlike attitude when it comes to looking at something new. When you spend time thinking, you can do wonders. But I don’t get some quiet time to think.
So, we decided to create an ecosystem for ideation and thinking, where one can sit, ruminate, ideate, deliberate (first within a smaller group and then, as the idea starts taking shape, discuss it within a larger group) and debate. Basically, provide an environment which nurtures the individual thinker —helps him to think big and harness the advantages of collective thinking; or a place where someone can incubate the idea you come up with.
Ali Gunjan is probably the only ‘Blue Sky Thinking and Research Campus’ in the world which is offered to professionals by invitation, without any charge or fee. Ali Gunjan is private property meant for the public good.
Q (Mayur Nayak): How did you come in contact with the BCAS?
A (Nishith Desai): It was during my stint with the CA firm that I had the opportunity to read the BCA Journals, which are most educative. I attended your Residential Refresher Courses in Mahabaleshwar, Matheran and Mount Abu in those days and made friends with accountants. I became a super Chartered Accountant without doing a CA course (chuckles). It was a great learning.
Indian Laws and Judiciary System:
Q (Raman Jokhakar): India Tax System — What is plaguing the Indian tax system?
A (Nishith Desai): At a macro level, things are good in India. But at a micro level, the system is difficult to deal with; everything still operates on the basis of suspicion and unclear regulations. Language creates the biggest problem. The drafting (of the laws) needs to substantially improve.
Q (Raman Jokhakar): Tax as Enabler — Do you feel tax aspects can be enablers instead of being a cost or impediment?
A (Nishith Desai): I believe we focus more on tax collection; less time is spent on discussing how to spend the tax money. Today, if I am not mistaken, we spend roughly US$65–70 billion on defence, US$15 billion on education, and US$20 billion on healthcare. If you ask me, defence is a bottomless pit — we need to revisit how to spend the tax money.
On the revenue side, what is important is to make laws written in a manner that (they) are understood by the common man. How can a person decide their behaviour without reading the letter of the law? The intent of the law must be expressed in clear language. Else, it becomes very difficult to bring in foreign investments. It requires a lot of effort to convince a foreign investor but more time is spent on the implementation of a project.
Another problem is now civil laws are getting converted into criminal laws. Penalties and prosecutions are disproportionate to the crime committed. GIFT City is my favourite project, as I have been associated with it from conception, but I also believe that domestic regulators and the GIFT City regulators are at a disconnect. In the last few years, many changes have happened and excitement is in the air. Sure, it will fast forward.
Q (Raman Jokhakar): Ease of Doing Business — If India were in a race of “Ease of Doing Business’, what should be done URGENTLY to elevate India to the top 10 league in terms of ease of doing business?
A (Nishith Desai): Abolish exchange controls — TODAY!
Q (Raman Jokhakar) What is one change you would like to see in the global tax system?
A (Nishith Desai): I have been championing the case for ease of doing business at a global level. For the longest time now, ‘One World, One Tax’ has been my dream. More than a decade ago, in March 2014, I made a presentation on ‘One World, One Tax’ at the Global Tax Policy Conference held in Amsterdam.
Today, a global company (aka a multinational corporation) has to comply and deal with hundreds of different countries. Why can’t we have one single global tax system with one single base and one rate of tax, say 15 per cent? We need to focus on defining a base, i.e., how income should be computed. What we did with GST, or (what) the EU did with VAT, should be done for the world.
While it is understandable that everyone should pay tax, on the other hand, governments should adhere to and guarantee that nobody is taxed twice.
Q (MayurNayak): New Laws — What are your views on the New Laws, namely, The Bhartiya Nyaya Sanhita, 2023 [replacing Indian Penal Code, 1860] and The BharatiyaNagarik Suraksha Sanhita, 2023 [replacing Code of Criminal Procedure, 1973 (CrPC)]?
A (Nishith Desai): Each legislation is framed with a certain purpose. Some of our laws are more than 100 years old. Over time, there have been changes — systemic, technological, etc. Laws need to change with time, taking in the changed scenarios. At the end of the day, what remains to be seen is whether these new laws have served the purpose for which they were framed. Some reforms are necessary but the new sanhitas are substantially the same version of the old sanhitas. I also maintain that we should not change just for the sake of change.
For me, it is about the judicious use of technology, which will create a larger and faster impact. The use of technology at every level will help to contain crime and immediate justice can be done. The use of technology in the judicial system will help deliver speedy justice. Today, e-hearings have happened — these have eased the process. Whether virtual hearings are effective will be known as time goes by, but by and large, they are (effective).
My vision for the future of justice is: Justice at the speed of thought, without any injustice. Actually, I have written a paper on that.
Q (Mayur Nayak): Appointment of Judges — What are your views on the Collegium System to appoint judges in India?
A (Nishith Desai): Appointment of judges involves a lot of subjectivity. Subjectivity in the hands of people who are competent is important. One generally assumes that Supreme Court judges are competent. There is a degree of trust. For example, perception of honesty, creativity and innovation in meting out justice when the law is ambiguous, and quality of judgement writing — are some of the things needed to be factored into.
At the same time, everything cannot be so subjective that it leads to injustice. Objectivity is also required, but bear in mind that it could be manipulated. So, it has to be a combination of both — it is like any other evaluation. Some objectivity is needed, at the same time, some subjectivity is also necessary. In general, the collegium system has worked reasonably well. I believe that the collegium system, along with some degree of objectivity, would be a good model. Remember, justice must not only be done but seem to be done also.
Q (Mayur Nayak): Arbitration in Tax Treaties — Do you think India should adopt arbitration in its tax treaties?
A (Nishith Desai): Arbitration is a necessity. Arbitration exists in investment treaties. It exists in the World Trade Organization. I agree that this requires us to surrender our sovereignty to a certain extent. However, it is not uncommon, otherwise, international systems will not work. All treaties have that. There are complicated cases or other kinds of situations where you need to appoint an arbitrator and come to an understanding.
Q (MayurNayak): Challenges by AI — Do you think the present laws are equipped to deal with new-age challenges posed by AI and other technologies? If not, what should be done?
A (Nishith Desai): Apart from legal issues, there will be ethical issues. Today, AI has already exceeded human intelligence. It is doing business at a speed faster than your thought.
AI and Robotics will soon get integrated. Once AI gets integrated with Robotics, robots will make their own decisions and act on their own. I may own a robot, but it will be independent. AI will control it.
As regards the legal aspect, I believe that there will soon be a separate ministry of AI. We will have to provide a limited liability kind of a structured company for robots. Robots may be considered a person. There will be a system for registration. Robots will be required to pay tax. They will become part of life. Tomorrow, our competitors will also include robots.
Q (Raman Jokhakar): Education and Training — What does our education and professional training lack?
A (Nishith Desai): As I said earlier, doing a Bachelor of Arts made my thinking lateral and liberal. What typically happens today is that subjects like Logic, Philosophy, etc., are not taught to other students. Everybody wants to become a Chartered Accountant (which is very good) or MBA, but subjects of Philosophy and Ethics are not taught. Consciously understanding their principles helps one make an informed decision. Philosophy is the greatest decision-making tool. It is like Mathematics. Philosophy and Mathematics at an esoteric level are similar if not identical. If your principles of Mathematics are clear, you will get the right answer, 1 + 1 = 2. If your philosophical base is clear, then your decisions will always be right — you will know what is the right thing to do, and what isn’t.
The first paragraph of a company’s annual report is the Chairman’s Statement which captures the corporate philosophy. About 60 per cent of global CEOs have a Liberal Arts background, especially in the US.
Rapid Fire Round
1. One person you admire as a role model outside the family?
Nani Palkhivala
2. Music: Hindustani or Western Classical?
A mix of both — Fusion
3. Books you have read more than once?
Discipline of Market Leaders
4. Favourite sport?
Walking, cricket
5. Your hobby, outside books, music and work?
Thinking
6. Vision for India in a few words?
Move up from Democracy to Netocracy — a Digital nation with responsible and ethical people accountable to each other with minimum hierarchy and disintermediation of agents of the people such as MPs and MLAs. They should serve as Servant Leaders. The job of technology is to disintermediate.
7. Your favourite movie?
Padosan
8. Three qualities a professional must demonstrate to himself and his clients?
Technical competency, inspirational, willing to allow other professionals to succeed
9. Skills you could have more of in hindsight?
How to make PowerPoint presentations
10. Law firm you admire?
Wachtell Lipton, Rosen & Katz
11. Favourite travel spot?
Switzerland
12. Has the profession become a business, or was it always one?
It has become more of a business now; we need to revisit that approach. In business, money comes first, and service comes next. In a profession, service comes first, and then the money comes.
13. Indispensable quality you want in new hires at your firm?
Professionalism
14. One piece of advice to young professionals?
Be of service to the society at large.
15. Secret sauce of your success?
The excitement of learning new things.
16. Purpose of wealth?
To be happy. Wealth without happiness is poverty.
17. One boon that you would ask from God?
Sarvodaya — growth of everyone in one-world family.

