Shyam Divan

Senior Advocate

Shyam Divan, senior advocate, practices before the Supreme Court of India. His areas of practice cover constitutional law and most branches of civil litigation including banking, securities law, arbitration, administrative law and environmental law. 

He appeared in several recent constitutional cases decided by the Supreme Court of India including Jindal Stainless Ltd. v. State of Haryana, (2017) 12 SCC 1; Abhiram Singh v. C. D. Commachen, (2017) 2 SCC 629; Justice K. S. Puttaswamy v. Union of India, (Privacy)(2017) 10 SCC 1 (9 Judges); Kalpana Mehta v. Union of India, 2018 (7) SCC 1; Navtej Singh Johar v. Union of India (2018) 10 SCC 1 (decriminalising homosexuality); Justice K. S. Puttaswamy v. Union of India, (Aadhaar) (2019) 1 SCC 1; Indore Development Authority v. Manohar Lal; 2019 (14) SCALE 470 (Recusal);  Kantaru Rajeevaru v. Indian Young Lawyers Association (religious freedom) (9 Judges).         

Mr. Divan assists the Supreme Court as Amicus Curiae in a Suo Motu action initiated by the court for filling vacancies in the subordinate judiciary (Suo Motu Writ Petition (Civil) 2 of 2018) and in the Bellary case involving illegal iron ore mining in the forests of Karnataka. He also appears for the states of Haryana and Karnataka in inter-state river water disputes. 

He is the co-author of Environmental Law and Policy in India (2nd Edition, 2001, Oxford) and has authored chapters on Public Interest Litigation in the Oxford Handbook of the Indian Constitution (2016); Contours of EIA In India  in Water and the Laws in India (2009, Sage); Fragments from a Manuscript in The Constitution at 67 (2017, Supreme Court of India) and on Civil Liberties and Biometrics in Dissent on Aadhaar (2019, Orient Blackswan). 

Mr. Divan has served on the LAWASIA ExCo since 2015 and is Vice President of LAWASIA (2019-20). He serves as Co-chair of the LAWASIA Human Rights Section. He is Vice President, The Bar Association of India. 

He serves on the Board of Care India SSD Ltd.; is a Trustee at the Independent Public Spirited Media Foundation, Bengaluru; Member of the Governing Board of Centre for Policy Research, New Delhi and the Consumer Education and Research Centre, Ahmedabad.