First, let us be real specific with words, because you have been quite loose with it. There is no "prosecution" here; we are not talking about a criminal statute. We "mimic" a prosecutor model, in the sense the DG is expected to behave independently, which is why the 26(1) order is administrative and the DG is not beholden to it. The separation of powers issue becomes a bigger issue when it's a criminal statute and the application of Article 21. The extent of the powers of the DG now as a question of law remains in a set of tagged cases before the SC, but that is in a separate issue, so let us park that.

We borrowed this form from Europe, where the same question indeed arose – the question is frequent when you do EU competition law 101. Brahm Dutt was exactly on this aspect, which was why we had a well-defined appellate structure, and a legal member was necessary and added to the members of the Commission. Is this enough? No, but the question was asked and dealt with. Is the CCI now saying it is unsure of its constitutional foundations over and above Brahm Dutt when subsequent amendments specifically raised addressed Brahm Dutt? These questions arose in Europe itself, and both ECJ and the EHCR have made decisions in competition law cases on the right to a fair trial.

Second, I spoke about the reason behind the summary procedures in the CPC and why they exist – for speed. To avoid you putting words in my mouth I am re-framing your question again - where else do you find an agency that houses within itself, both the power to "prosecute" in your words (which is take up a case on its own motion and also investigate) and the same body (not same person) also thereafter adjudicates? This point has been asked and answered on this thread already. Nevertheless, here are a few from the top of my head from last week.

I just appeared before the ED a few weeks ago on a FEMA matter – the complaint was filed by the ED, an investigation was done by the ED, and then I was heard by an adjudicating officer, who was also someone within the ED. Just a few days ago I was dealing with Estate officer order issued under Public Premises Act, after the estate division officials of a govt body filed a complaint before the Estate officer, the estate division also conducted the inspection all part of the same body, leading to Estate officer passing an order against a party. The latter act is interesting because your question has been resolved by a Supreme Court ruling. In both these laws there sits a tribunal in the form of SAFEMA for the former or, in the latter, the Principal District Court sits as an appellate body.

Third, none of this is new – like someone else already said. There are so many statutes with the exact same construct. Read the provisions of RERA, CCPA and SEBI already mentioned here. Stop wearing these competition law blinkers and read more Indian laws. RERA, CCPA and SEBI – all these have dedicated appellate authorities. It is solved by having a dedicated appellate authority to deal with any judicial infirmity of any order. Does the competition law have that? Yes. It had a dedicated one. That came through Brahm Dutt. Then it was unwound – not by the CCI, mind you.

What is happening is a clear import of US constitutional theories into the running and operation of Indian regulators, mixing with the recent Indian government moves of nixing independence of statutory bodies. Much of this is at the behest of Big Tech and domestic monopolies in India. So we come back to the important question for you – you said, "The CCI didn’t say they won’t take suo moto matters at all. They just said they’ll be judicious on when to intervene." So its clear the CCI understands it has suo moto power (which it can use judiciously – so discretion within discretion), but it announces a collateral constitutional claim anyone can make in any of their cases? Anyone with litigation muscle will raise this now – like we see many Big Tech already doing.

All that was required was formal guidelines for the initiation of cases. I agree those directly or formerly employed by the CCI should not be parties before the CCI, but why forego the power in this manner? Now let's test what the CCI has foregone on the basis of the CCI website – which is the last suo moto case taken by the CCI? There are two orders, SM 02 and 03 of 2025 (mind you, SM orders include leniency cases too). Before that we had the Meta case. Have a good look yourself. Forget having a quota of SM cases; the CCI has not started much for years. It's docile and atrophying. You really think the CCI was not getting enough information to go on its own motion?

Finally, on state enforcement, in the US, antitrust is not just the prerogative of the federal government alone. Some of the most important cases are being pursued by state AGs in both Texas and California. Even in Europe, competition law enforcement also percolates down to every national agency. This limits institutional capture at a single point, and at the same time there is a multitude of agencies which are constantly reviewing market practices. I know several senior state government officers who have quietly said filing with the CCI did not result in improved behaviour in tenders and have considered action within their own powers. It is precisely the reason why administrative blacklisting has been used more and is seen as far more effective.

In India we have one brow-beaten agency, which remains inaccessible to most, and with a record that invites no one to seriously pursue cases, as remedies, let alone monetary compensation, remain out of sight. Our regulator has been "pro-actively" learning "best practices" now for 20 odd years – perhaps it pays for some to have it in a constant state of learning or speak fecklessly on "light touch" regulation. I guess being reduced to learning also helps when you are routinely underfunded and also understaffed. Maybe that allows you to sleepwalk yourself into a constitutional crisis while you have active cases before you.

Have been applying to their internships ID but to no avail. Have two tier 1s on my CV (banking teams) and am in my last year of law school. What is the process of their internship application assessment and which banking teams in Wadia are good? Any HR email IDs people here can help with? If gotten, what are the chances of conversion?

I am in a dire and desperate need, would really appreciate any insight or help.

i learnt the phrase concealed classism today and immediately thought of the beautiful law firm dynamics where this behaviour is inculcated, encouraged and actively practiced (some particular partners come to mind who probably have specific schools of thought on how to properly do this!!). love to see law firms keeping up our traditional values!!

▮▮▮.

I had applied for an Associate position, and after reviewing my CV and experience, they called me for an interview. However, when I went for the interview, they told me that they were actually offering a 3-month unpaid Assessment position to freshers, after which they would decide whether to retain the candidate as a Trainee or Associate.

This is extremely unfair and misleading. Freshers put in significant effort, complete multiple internships, and build their experience specifically to avoid being placed in such situations. If the position is actually an unpaid assessment, that should be clearly mentioned in the job posting or communicated before calling candidates for an interview.

Calling someone for an Associate position, reviewing their CV and experience, and then offering an unpaid 3-month assessment is simply not transparent or professional.

See here for his history and background:

https://www.legallyindia.com/convos/topic/262262-some-gems-about-lalit-bhasin-and-his-congress-connections-from-old-india-today-archives

Rubbish. Time to place a few facts on the table:

1. CAM is the biggest firm in India by miles. Clients want the CAM seal of approval on any legal advice, so that there is no regulator scrutiny/legal risk. We are often left cleaning up after the other so called tier 1 firms have given horrible advice/conducted horrible diligence/botched litigations.

2. CAM as an organization never forces people to stay. People are free to leave if they are unhappy. Work and client servicing goes on.

3. No further partners are leaving. Stop spreading lies.

4. The partners who left were not billing much anyway. So there's no real harm to the firm. We have enough competent partners/teams to pick up the slack.

Lalaji doesn't care about anyone. Ask these exits are happening because of money. Be it AS, RB, SP and RC (in all probability to KCo). If you see the pattern, these all are big names and are moving to all the firms, where they can get some control and not always remain is shadows of someone. At some point, you need to respect and reward merit too.

Did anyone see this?

https://timesofindia.indiatimes.com/city/mumbai/law-grad-jumps-to-death-from-13th-floor-in-mumbai-after-women-threatened-to-frame-him-in-police-case/articleshow/133048877.cms

Does anyone know him or know what happened? ▮▮▮ This is so heartbreaking.

Who said? They did not share the budget for the role or the JD before the interview. Took around 3 rounds as far as I remember, and the JD was given only at the time of release of offer. I got through via college placement; only to reject it later. The others who joined left within a year mostly. They do bulk hiring and the JD is shit.

Rohan heads the disputes practice and has quality litigation work. He brings his immense knowledge to the table and is seen doing commendable work. The pay is better than AZB, of course. And at par with CAM, KCO. It’s the only disputes team in the firm so close to about 6-7 people are there

A reputation that exceeds him. Need not say much, being associated with the Tatas and then having the sheer willpower to go independent and start a firm that has a better if not at par culture than the Big 4 of Law. Lawyers working there are really happy and we all know how rare that is. To add to it, they’re a small happy family and are doing good work, and all with a sea facing office that the rest of us drive by and can only dream to be working in.

Shows that he was regarded as a public intellectual much before CJP. Also shows that NALSAR students were very much aware of him and are not just jumping on the bandwagon.

https://x.com/SauravDassss/status/1775415597322670565

Prosecution by itself is very boring. It can help build a basis for a career in IP litigation, but if you ever the onus will be on you to (1) not get complacent about hours: prosecution hours and litigation hours are very different, (2) keep in touch with recent case law and (3) know that you will be behind your peers on procedural laws. But if you have the drive, you can catch up easily; it is not hard.

Very few people and firms do quality media and entertainment work. If you find one, then that's a great alternative to IP litigation.

Please, please, i have just joined nujs , and at 24 age . after dropping out of a stem course in my 2nd year I had given clat and had gotten a t3 nlu and i thought i could do a lot better that's when i repeated the exam and got into nujs , I used to be reluctant science student but got interested in law and policy during my 2nd year , A year ago I met a friend who was from Calcutta University law and he said that job prospects would not be good for my age , even though I asked 2 peeps from nalsar about it who said it doesn't matter, I wanted to ask what can I do to really really shine out , I know few advocates in Calcutta HC with whom I would intern in my first year .

Any suggestions over how to navigate my college years. I would love to have a chance at litigation, but i have taken a small loan

Sure you want to call it ridiculous hyperbole, I don't want to educate you on how it is not in fact hyperbole. In good faith instead, i just want you to think about living your life as an out and about gay man or woman with a same sex partner at home in India. I wonder why very few people do live like that?

You call identitarian politics actually useless because your identity has already secured you all the good things in society, for a second think about those identities which are suppressed, identities who have to escape the public eye because one wrong look can mean havoc.

How does compensation typically progress from Principal Associate to Partner and then Equity Partner at Saraf, CAM, Trilegal, SAM, Luthra, AZB, CMS Indus Law and JSA? What are the approximate compensation ranges and percentage increases at each stage across these firms?

What nonsense. Sheer and utter nonsense. For this they’re the best Nalsar batch in the world ? For this ? We used to win Rhodes and win Jessup and Vis. We used to produce people who were serious enough about academics to be an Anup or an Alok or a Shwethaa.

But throwing a tantrum over not liking the CJI and insulting him is a bigger achievement ? Why ? Jesus this institution has to do a better job teaching its students how to think.

Nalsar admin was very, VERY scared that a Covid positive case will show up because of the lack of any distancing in the midst of heavy partying and DJ nights scheduled for that year's Carpe (which coincided with lockdowns).

Among other hilarious incidents on the first day of Carpe (in hindsight), a genuinely nice fellow was slapped in the chaos that followed Fuzzy's orders to disperse from the common areas like DOMS. The claim made by admin to defend the slap was apparently that the fellow was with his then girlfriend who had grip marks over her neck... and innocent Fuzzy thought he was protecting her. (How this relates to Covid and why Fuzzy did what he did at that particular time is still beyond me.)

Needless to say, the people involved and the student body at large made sure that that the admin heard an earful.