Arvind P. Datar, a distinguished Senior Advocate, commands an influential presence in India’s legal landscape, practicing primarily before the Supreme Court of India and the Madras High Court. His journey in law began in 1980 under the guidance of N. Natarajan and Ramani Natarajan. He later honed his expertise in income tax and central excise laws at Subbaraya Aiyer, Padmanabhan & Ramamani. By 1984, he had established his independent practice, focusing on taxation and company law before the Madras High Court. In recognition of his legal acumen, the court designated him as a Senior Advocate in 2000. He has enriched Indian taxation laws through representing landmark cases, and advocating legal writing excellence for convincing the court in a more professional manner.
Datar has played a pivotal role in several landmark cases. He represented Cairn Energy Plc in a Bilateral Investment Treaty arbitration at The Hague, securing a decisive victory against India’s retrospective taxation. He was also instrumental in the Supreme Court’s recognition of the right to privacy as a fundamental right in the historic S. Puttaswamy v. Union of India case.
Beyond the courtroom, Datar has shaped legal scholarship through his authoritative works. He authored the Datar Commentary on the Constitution of India and co-wrote Nani Palkhivala: The Courtroom Genius with Soli J. Sorabjee. As Editor-in-Chief of multiple editions of Ramaiya’s Guide to the Companies Act, he has significantly contributed to corporate law literature. His influence extends beyond books—he has published over 300 articles in leading legal journals. Committed to fostering legal excellence, he co-founded the Palkhivala Foundation and the Nani Palkhivala Arbitration Centre.
An ardent advocate for legal education, Datar frequently lectures at prestigious institutions, including the National Law School of India University, Bangalore, and the National Judicial Academy, Bhopal.
In an exclusive conversation with The Interview World, Datar delves into Nani Palkhivala: The Courtroom Genius, reflecting on the overwhelming public response to the book. He underscores how mastering the nuances of writing is crucial for legal professionals, where precision, clarity, and persuasive argumentation define success. He also shares key strategies for elevating legal writing to an art form.
Here are the most compelling takeaways from his insightful discussion.
Q: Could you share insights into your book Nani Palkhivala: The Courtroom Genius, which you co-authored with Soli J. Sorabjee, and how does the book capture his legacy as a legal luminary?
A: The enduring appeal of Nani Palkhivala lies in his unwavering commitment to constitutional values and his extraordinary advocacy. This book offers a rare glimpse into his working methods and distinctive courtroom style—an approach that continues to inspire generations. He remains a role model, a beacon of legal brilliance, and a defender of the Constitution.
No law student, lawyer, chartered accountant, judge, or well-informed citizen can afford to overlook this book. It meticulously chronicles the landmark cases he argued, providing rich context and background. Palkhivala’s formidable reputation as a constitutional lawyer is well-earned. Between 1965 and 1995, he shaped India’s legal landscape, arguing nearly every major constitutional case before the Supreme Court. His pivotal battles included Golak Nath, Bank Nationalisation, Privy Purses, Kesavananda Bharati, St. Xavier’s, Mandal Commission, and the Election Commission case. Beyond India, he also represented the nation in three high-profile international disputes.
But this book is more than a chronicle of cases—it reveals the people, principles, and strategies behind them. It captures the essence of Palkhivala’s legal mind, his meticulous preparation, and his ability to shape the nation’s destiny through law.
Q: How has the book Nani Palkhivala: The Courtroom Genius been received by readers?
A: Readers widely acclaimed this book, driving its sales past 40,000 copies—and the numbers continue to climb. Nani Palkhivala: The Courtroom Genius stands apart as a rare and insightful chronicle of the Supreme Court’s most pivotal judgments.
Q: To what extent does a deep understanding of writing nuances contribute to professional success, particularly in the legal field where precision, clarity, and persuasion are paramount?
A: Talking about yourself isn’t embarrassing, but I believe sharing personal experiences can inspire others to follow a similar path. Perhaps some of you will find the motivation to become writers.
My writing journey began in 1981, alongside my career as a lawyer. It has now spanned over four decades. As a young lawyer, I had no privilege of leveraging digital revolution then to access to YouTube, podcasts, or blogs, the digital tools that are available today. I chose to specialize in tax law, and back then, the best way to gain recognition and build credibility was to write consistently. Writing wasn’t just self-promotion; it was a discipline that sharpened my thinking.
When you write, you develop precision. You analyse judgments, break down complexities, and articulate your insights clearly. As a junior lawyer specializing in income tax, I often encountered conflicting rulings—Madras High Court leaning one way, Gujarat High Court another. I would dissect these cases, examine the reasoning behind the divergence, and present my own perspective. This process honed my analytical skills and deepened my understanding of the law.
Beyond intellectual growth, writing was also a financial necessity. Teaching and writing were my primary sources of income. To put things in perspective, as a junior lawyer in the Madras High Court, I started with a monthly fee of just ₹100. By 1984, that sum had risen to a “princely” ₹350. Though money stretched further in those days—a train ticket from Bombay to Pune on the Deccan Queen cost ₹9.60—it was still a meagre sum. Writing and teaching not only helped me make ends meet but also reinforced my grasp of the subject.
Q: What are some key strategies for mastering exceptional writing?
A: First, avoid random writing. If your goal is professional success, mastery, or clarity, your writing must align with your area of specialization. As a lawyer, I never wrote about land acquisition or rent control. I focused solely on tax law and constitutional law because, from my law school days, I was certain those were my fields. I also ventured into company law, having edited Ramayya for over two decades.
If there’s one lesson you should take from me, it’s this: write with purpose. Today, you have an advantage. When I started, we had to condense articles into 800–1,000 words. Writing well was one challenge; distilling ideas into that tight space was another.
The first rule: write within your chosen field. If you’re a junior lawyer and decide to specialize in trademarks or patents, then write about them consistently. Sporadic writing—one article today, another two months later, then a gap of four months—serves little purpose. Consistency matters. Write every week, every Saturday if needed. The more disciplined you are, the greater your impact.
The second rule: establish yourself as an authority before attempting a book. Start with articles. Build recognition in your field. Let people associate your name with a specific expertise. Only then should you consider writing a book.
The third rule: find your niche—the Blue Ocean Strategy or what’s known as the Zulu Principle. When I launched my independent practice in 1984, income tax law was already dominated by stalwarts—Kanga & Palkhivala, Sampath Iyengar, Chaturvedi & Pithisaria. Writing another book on the subject would have been like holding a candle to the sun. It would have made no impact.
Then, in 1986, fortune favored me. The Central Excise Act and Central Excise Tariff were introduced, and the Central Excise Tribunal was set up. Unlike income tax, central excise had little literature—apart from R.K. Jain’s book, no major reference existed. I seized the opportunity and started writing. The rest, as they say, is history.
