Fali S Nariman, one of the most eminent and respected lawyers and constitutional experts in India, passed away on February 21, 2024, at the age of 95. Nariman had a remarkable career that spanned over seven decades, during which he argued some of the landmark cases that shaped the constitutional law and jurisprudence in the country. Nariman was also a man of principles and integrity, who resigned from his post as the Additional Solicitor General during the Emergency, and never accepted any constitutional office thereafter. Nariman was an example and an inspiration for generations of lawyers, judges, and citizens, who admired his intellect, eloquence, and courage.
Nariman’s early life and education
Nariman was born in Rangoon (now Yangon) in 1929, to a Parsi family that had migrated from Gujarat. His father was a lawyer and a businessman, who had to flee from Burma with his family in 1942, due to the Japanese invasion. Nariman and his family settled in Bombay (now Mumbai), where he completed his education. He graduated in law from the Government Law College in 1950, and joined the chambers of Sir Jamshedji Kanga, a renowned lawyer and jurist. Nariman was influenced by Kanga’s style and ethics, and learned the art of advocacy from him.
Nariman’s illustrious career and achievements
Nariman started his practice at the Bombay High Court, where he soon made a name for himself as a brilliant and eloquent lawyer. He specialized in constitutional, civil, and commercial law, and appeared in several high-profile cases, such as the Bombay Municipal Corporation case, the Bank Nationalisation case, and the Golak Nath case. He also represented various eminent personalities, such as Indira Gandhi, Rajiv Gandhi, Nani Palkhivala, and Ratan Tata.
In 1972, Nariman was appointed as the Additional Solicitor General of India, the second-highest law officer of the country. He held this post for three years, until he resigned in protest against the declaration of the Emergency by Indira Gandhi in 1975. He later wrote in his autobiography, Before Memory Fades, that he felt it was his duty to uphold the rule of law and the Constitution, and that he could not serve a government that had suspended the fundamental rights of the people.
After his resignation, Nariman continued his practice as a senior advocate at the Supreme Court of India, where he argued some of the most significant and influential cases in the history of the court. He was involved in the cases that established the collegium system of appointing judges, the cases that upheld the rights of minorities to establish and administer educational institutions, the cases that defended the freedom of the press and expression, and the cases that challenged the abrogation of Article 370 and the Citizenship Amendment Act.
Nariman was also a nominated member of the Rajya Sabha from 1999 to 2005, where he contributed to the debates and discussions on various issues of national and public importance. He was also a prolific writer and speaker, who authored several books and articles on law, politics, and history. He was also a recipient of several awards and honours, such as the Padma Bhushan, the Padma Vibhushan, the Gruber Prize for Justice, and the Living Legend of Law Award.
Nariman’s legacy and impact
Nariman was not only a legal legend, but also a role model for many lawyers, judges, and citizens, who looked up to him for his wisdom, integrity, and courage. He was a staunch defender of the Constitution, the rule of law, and the democratic values of the country. He was also a mentor and a guide for many young and aspiring lawyers, who learned from his experience and expertise. He was also a humble and generous person, who helped many people in need, and donated to various causes and institutions.
Nariman’s death is a huge loss for the legal fraternity and the nation, but his legacy and impact will live on for generations to come. He will always be remembered as one of the greatest and most influential lawyers and constitutional experts in India, who enriched the law and the society with his knowledge, skills, and principles.
