INTERVIEW WITH DR. VIKAS GUPTA, PROFESSOR OF LAW AT AMITY UNIVERSITY, NOIDA

Dr. Vikas Gupta, is an Associate Professor of Law at Amity Law School Noida, Amity University. He practiced litigation till 2011 and then switched to education field to pursue his interest in teaching. He is skilled in legal research and legal writing and is an expert of Corporate and Securities law.
Q1. Sir what motivated you to pursue law as a career and start teaching?
Ans. My family belongs to the family of freedom fighters; my father who is actually a civil engineer in addition to it, did five MA’s and is gold medalist of LLM. He did his research under the supervision of LM Singhvi. I used to see him and his vision over the Fundamental Rights, especially related to the habeas corpus. I used to have many discussions with him in my childhood that fascinated me a lot. I never planned law to be my career but yes the findings of the law and the understanding of law has been a part of my interest since childhood. I have been the first student of science, and have worked on the UFO’s as a researcher. But, ultimately the law replaced every other interest and I did my Doctor of Laws, LL.D.
I practiced about a decade in the courtroom, those experiences were very good, but after a while my interest were deviated from the courtrooms to the classrooms. And that’s why I switched to teaching but still I advise plenty of my clients.
Q2. How has your experience been at Amity University?
Ans. I have had a very good experience at the Amity University because the students of the university are diverse and are different from other law colleges in which I studied. Students in the university are fresh out of school and need more guidance, so in a way the atmosphere of Amity help them get mature. I like the responsibility and challenge it poses.
Q3. Sir, please tell us about your expertise area?
Ans. I did my research on the power and functions of the board (SEBI). I found some loopholes in the legislation as well as in the practice of the board, which they have themselves confessed in their annual reports published in the month of April-May. The staggering drawback of the legislation was eye-opening and there was a question in my mind, on which I am working on from the past decade that what all circumstances or laws can be imposed and compiled on in order to slow down the market fraudulent practice of different fraudsters. It is generally said that speculation is a natural phenomenon, but I am of the opinion that natural activity can again be protected or controlled up to an extent that wide reasonable relief to the investor in regard to the investment that he made in the market, and then I think, more transparency can be achieved in the market. Also it is usually seen that the traders use to trade their securities very frequently on the advice of different market players, but I am of the opinion that doesn’t get reasonable time or apply reasonable time or apply reasonable mind to settle down the fact that is it really the right time to invest or is real time to buy or sell the securities, he or she is totally dependent upon the advice, so that mean, they can invest/buy/sell in a very short span of time. Which I think is not regulated by the SEBI. I have mentioned this in my research paper which was published in the SEBI and corporate laws in 2009, proposing a model which if applied can protect our investors from plenty of losses up to a reasonable extent.
Further the definition of frauds as discussed in India is not sufficient enough to fulfill the objective of relief to be provided by the legislation and is insufficient to be applied in the normal criminal laws or in frauds.
Q4. Sir, would you give advice to law students who want to pursue research and study? What should be the Manner of conduct? How to do research?
Ans. You will be surprised to know that these regulators are meant to protect the interest of the investors, but see the irony, this interpretation of the phrase ‘interest of the investor’ is made according to the wimps and fences of the regulator, it has never looked from the eye of the investor, what is actually the protection for the investor, if he is investing money in the market, it should grow profit, that is the first intention; secondly, if he is not gaining in the market, his principal should be protected; thirdly if he facing the losses, that should be minimum. But, yes being the teacher or student we both are confronted with plenty of those areas also which is never being questioned before the court. I think that the law which is grey has more scope to work and this kind of understanding by the fresh students and lawyers can help them to make a better professional career in this field of the subject.
Q5. Sir, you have various publications in India and international journals. What advice would you like to give to law students to start research, and start legal writing?
Ans. I personally think, to write anything, you should have the critical bent of mind. The critical thinking should not be leftism thinking, you are not advised to go against anything. It’s not about opposing the presence or absence of law but whether it is fulfilling the sole purpose or not. The question is how that sole purpose can be achieved? How the optimum utilization of a particular legislation be achieved? That kind of approach is very essential in teachers and the students, both in order to execute upon these things.
Q6. As being a Law student, internship is a major part of our college life. Please give us tips to achieve good internships? Also, is it really important to intern in a big law firm, top tier law firms?
Ans. I have a different opinion in the process of learning of professional course, I think that practical learning and academic learning in any professional course is essential to go on parallel, which is ironically not in India, I mean to say if we are teaching the law student, if a teacher is a law teacher, it should be mandatory for both of them, that they should at least give 3-4 daily hours in the court in addition to the classroom learning’s, because that makes course a professional course, professional course is not simply taught academically, student should know that how it is to be applied before the court. As we are not exposed or if we are simply restricted to the one or three month’s internship I don’t think that serves the purpose of the profession. As far as the place of internship is concerned, I think every student of law should devote two three years in the district courts, this is because the district court give the exposure to the student to learn the procedure, you won’t find the same in the high court or the supreme court. But in order to learn the procedure from the root level, student is needed to learn it from the civil courts or district magistrate courts. The bases of the FIR, the preparation of the charge sheets which are made at the root level gives the basic knowledge to the fresh graduates and lead a better professional career.
Q7. As being in the legal profession, and as professor, what do you find the biggest change coming up in the legal field in the near future?
Ans. In my personal opinion, India is over legislated and faces poor compliance and this misbalance is one of the main reasons of flared crime rate in the country. We have good laws but if it is drafted in a complicated way it leads to loophole and favoritism.
Under the legal curriculums, student should be taught how to legislate. They should know what are the principles that need to be followed while drafting legislations. The exposure benefits lawyers in the courts too. This will improve the quality of legislations and one day we won’t require so many laws. The law students shall be exempted from barriers of college and classes and allowance should be made for them to attend and learn in courts.
Q8. Do you think Judiciary is sometimes influenced by legislative i.e. the ministers and political influence?
Ans. In my opinion, it is possible but we cannot say that everything happens adversely. Positive and beneficial things are also coming from the courts. There must be a check and balance of the acts and encouragement of the good ones, not only criticism. For instance, Sabarimala case, court ordered that women have the right to worship, but it is metaphysical, the point is how it can be applied. A practice followed from several years cannot be curbed so easily even when the state government supports it when in actual sense they cannot control the law and order in the state. I stand with the decision of the court but it should be imposed along with measures to protect the condition of law and order.
Q9. Sir, what are your future plans in the legal field?
Ans. I am a researcher and have 2-3 projects with me which can bring revolution in the legal field. I think law is an opportunity and the idea of the political party changes the object of the laws. Dynamism should be motivated in the country to enhance and support research works.
Q10. Sir what is your advice to law students who aim to become researchers or legal professors?
Ans. In my opinion, teaching is a neglected profession among the young generation. But if you want to pursue such profession you need to be well qualified and clear with the laws and the basics. The clarity of thoughts provides you and edge to accelerate the study of law and teach the budding lawyers of the nation.
By-
Tanishka Grover and Priyam Kamra
Student Reporter -INBA