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Litigation, Integrity, and the Future of Law: In conversation with Senior Advocate Malvika Trivedi

Malvika Trivedi

1. Could you share insights into your journey as a legal professional? What motivated you to pursue law?

My journey into law was shaped by a strong influence of people around me in the legal and civil services. I was fortunate to grow up in an environment where legal discussion was common and we were not only encouraged to participate but also not accept things at face value, which helped me realise that law was my true calling.

Beyond this, I always had a passion for public speaking and debating. These skills aligned well with the aspect of advocacy in law, making it a natural career choice for me. Encouraged by my family’s ethos that women should pursue professional careers, I took up legal studies at the University of Delhi. Since the beginning of my practice in 1998, I have continuously worked to hone my skills and expand my legal knowledge, facing new challenges that have made my career a deeply rewarding journey.

2. How has your diverse practice shaped your approach to legal advocacy? Are there particular areas of law that you find both challenging and rewarding?

Over two decades in legal practice, I have had the privilege of working across multiple legal disciplines, including critical constitutional matters, arbitration law, corporate and commercial laws, criminal law, intellectual property rights, insolvency law, etc. The experience across different laws and legal issues has helped me appreciate the depth of the legal profession and better equipped to deal with newer areas of laws that keep emerging in today’s world. This allowed me to see connections between different areas and develop well-rounded legal strategies.

One of the most dynamic and evolving fields I practise in is arbitration and commercial litigation. Over the years, arbitration in India has undergone significant reforms, aligning itself more closely with international best practices. This has introduced new complexities in dispute resolution but has also made the practice more efficient and effective. The constant evolution in commercial and contractual laws keeps me engaged, as every case presents fresh legal challenges that require strategic thinking and adaptability.

These areas demand precision, deep legal knowledge, and the ability to anticipate how laws will be interpreted and applied in a rapidly changing economic environment. The intellectual rigour required makes them both challenging and fulfilling aspects of my practice.

3. Could you discuss a case that stands out to you and its implications on legal precedents or public policy?

Among the many cases I have argued, one that stands out is my appearance before the Constitution Bench of the Supreme Court in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd.1 This case was a landmark in shaping the jurisprudence around the validity of arbitration agreements concerning stamp duty. The issue was whether an unstamped arbitration agreement could be considered valid and enforceable under the Arbitration and Conciliation Act, 1996.

The case had far-reaching implications on the business and legal communities, as it directly affected the enforceability of arbitration agreements in commercial contracts. It was a highly technical and complex matter requiring extensive research, preparation, and a deep understanding of both the Arbitration Act and the Stamp Act. The opportunity to argue before the Constitution Bench was a formidable yet exhilarating experience, and the case reinforced my confidence in handling intricate legal matters.

Additionally, another significant Constitution Bench case2 that I argued was the upholding of the validity of Section 6-A of the Citizenship Act, 1955. This ruling had profound implications on citizenship laws in Assam, shaping the legal discourse around migration, nationality, and constitutional rights. It underscored the balance between historical agreements (Assam Accord) and contemporary legal interpretations, making it a significant precedent in Indian constitutional law.

Landmark cases such as these not only serve as legal precedents but also shape judicial interpretation and influence policy-making. They have a lasting impact on the legal landscape and contribute to the evolution of the rule of law in India.

4. Could you recount an instance where you faced an ethical dilemma, and how you ensured the integrity of your representation?

Ethical dilemmas are an inherent part of the legal profession, and as advocates, we often find ourselves in situations where integrity and professional responsibility are tested. One principle I have always adhered to is maintaining absolute transparency—whether it concerns the strengths of the case or its weaknesses.

In one particular instance, I was approached with a case where the client had withheld critical information that could have materially altered the course of the proceedings. It would have been easy to proceed without disclosing the information, but I chose to address the issue head-on. I advised my client that honesty was paramount, not just for the case but for their credibility before the court.

As officers of the court and senior members of the Bar, there can never be any compromise on maintaining the highest sense of probity and ethical standards.

5. What role do you believe legal professionals play in advocating for broader social justice and public welfare?

The role of legal professionals extends far beyond representing individual clients. Lawyers have a profound duty to uphold justice and safeguard fundamental rights, particularly for marginalised and vulnerable communities. This responsibility became especially evident during the COVID-19 Pandemic when access to justice was severely compromised.

During this time, I, along with several colleagues, worked to ensure that those most affected by the crisis—people unable to access healthcare—had their rights protected. Whether it was arguing matters for access to oxygen and medicines or for ensuring admission of patients in hospitals or for safeguarding employment during this critical period, the legal fraternity played a pivotal role in holding authorities accountable.

Advocacy for social justice is not limited to pro bono work; it is an ongoing commitment to using legal expertise to drive meaningful change. Lawyers must act as the voice for those who cannot navigate the legal system on their own, ensuring that justice is not just a privilege for the few but a right for all.

6. In aligning your advocacy with societal progress, what principles guide your work to ensure a positive impact?

Three core principles guide my work: courage, conviction, and confidence. These attributes are essential for any lawyer who wishes to make a meaningful impact—not just in the courtroom but in shaping the legal profession and society at large.

Courage is required to take on difficult cases, challenge established norms, and stand firm in the face of adversity. Conviction ensures that my arguments are grounded in strong legal reasoning and an unwavering belief in justice. Confidence is critical in litigation, where hard work, effective persuasion and courtroom presence can influence judicial outcomes.

Additionally, I strongly believe in the importance of a meritocratic legal profession, where women and men are treated as equals and provide equal opportunity, sans préjudice. While progress has been made, there is still work to be done to ensure gender equity in the field. Advocating for a level playing field is a cause I am deeply committed to.

7. How do you perceive the future of legal practice, and what trends should practitioners prepare for?

The legal profession is undergoing a technological transformation. Over the past decade, digitisation has changed the way courts operate, with video hearings, electronic filing, and AI-powered legal research becoming more prevalent.

While I embrace these changes, I also caution against over-reliance on technology. Young lawyers must not lose sight of fundamental legal skills like analytical thinking, in-depth reading, and persuasive writing. Technology is a tool to aid human judgment and not replace it.

All of us have to learn to accept technological changes and adapt this innovation while preserving the essence of advocacy. Those who can strike this balance will be well-positioned to excel in the evolving legal landscape.

8. Have mentors or key figures influenced your journey as a lawyer? If so, how have they shaped your professional development?

Mentorship has played a crucial role in my growth as a lawyer, shaping my legal acumen, professional ethics, and approach to complex cases. I have been fortunate to work with some of the finest legal minds, whose guidance has been invaluable in navigating the intricate landscape of advocacy and jurisprudence.

One of the most valuable lessons I learnt was the technique of thoroughly reading a brief and then stepping away from it—a method that allows the mind to absorb, process, and analyse information in a way that fosters deeper understanding and creative legal reasoning. This approach has enabled me to develop well-rounded arguments, anticipate counterpoints effectively, and refine my advocacy skills.

Beyond technical knowledge, mentorship has reinforced my belief in continuous learning and professional integrity. Observing accomplished advocates through my formative years has taught me that excellence in law is not just about mastering statutes and precedents but also about evolving with changing legal landscapes, upholding ethical standards, and maintaining clarity in thought and expression. I deeply value the mentorship I have received, as it has not only strengthened my legal proficiency but also instilled in me a lifelong commitment to learning, hard work, and the pursuit of justice.

9. What advice would you offer to aspiring lawyers who wish to excel in litigation or advocacy?

My advice to young lawyers who aspire to excel in litigation or advocacy is threefold, each element forming a crucial pillar of success in this demanding yet fulfilling profession.

First and foremost, read extensively—not just legal texts, case law, and statutes, but also literature, history, and philosophy. A well-rounded intellect is essential for developing critical thinking, persuasive arguments, and a nuanced understanding of human nature. The ability to draw from diverse sources of knowledge enhances one’s ability to craft compelling arguments and approach legal issues with a broader perspective.

Secondly, be disciplined and dedicated—litigation is not a mere job but a lifelong commitment. It requires immense perseverance, patience, and an unrelenting pursuit of excellence. Young lawyers must be prepared to put in long hours, meticulously research their cases, and continuously refine their craft. Advocacy is an evolving skill, and the more one immerses oneself in it, the sharper and more effective one becomes. There are no shortcuts; sustained effort and an unwavering dedication to the law are the foundations of a successful career.

Lastly, observe court proceedings—there is no substitute for real-world experience. One of the most valuable sources of legal knowledge is the courtroom itself, where young lawyers can greatly benefit from observing senior advocates argue their matters. Effective advocacy is not just about presenting arguments but also about understanding when to press a point, to what extent, and when restraint is the better option.

Success in litigation comes not just from knowledge but from passion, resilience, and deep engagement with the profession. The journey is challenging, often requiring years of hard work before one sees the fruits of their labour. However, those who remain steadfast in their commitment to the profession and single-mindedly pursue the path, while remaining open to learning each day, will find it incredibly satisfying, both intellectually and professionally.


1. (2023) 7 SCC 1.

2. Section 6-A of the Citizenship Act, 1955, In re, 2024 SCC OnLine SC 2880.

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