Amidst Challenging Times, Fali S. Nariman’s Legal Voice Echoed in & Beyond the Courtroom, Notes Chief Justice D. Y. Chandrachud

(Judicial Quest News Network)

Chief Justice of India DY Chandrachud while remembering Fali S.Nariman delivered a heartfelt speech at a full-court reference to the eminent jurist, Surrounded by the Legal Fraternity from the Bar and the Bench, Accompanied by Senior Advocates and Family Members.

The Supreme Court on Thusrday (April 4) in an event of profound significance, covened a full court reference in the memory of late jurist and senior advocate Mr. Fali S. Nariman who passed away on February 21.

CJI referred to nariman’s noteworthy contributions to the second, Third and Fourth Judges Cases on Judicial appointments in 1993,1998 and 2014, the Chief Justice of India today said “His clients as he would say was the independence of the judiciary”

He further said that the ultimate test of a moral person is their willingness to raise a voice for justice even when it means rocking the boat (in this case he would say, the aircraft), and Nariman was always willing to speak for what was right and just.

He argued cases on the rights of minority educational institutions under Article 30 of the Constitution, culminating in the seminal TMA Pai Foundation v. State of Karnataka decision. Away from Delhi, he was also a seasoned lawyer before the various Tribunals established under the Inter-State River Water Disputes Act, 1956, representing the State of Karnataka for over thirty years in the Cauvery water-sharing dispute.
The Chief Justice of India (CJI) Offered Insights into Mr. Nariman’s Remarkable Persona and Contributions, Emphasizing His Unwavering Moral Principles, Indomitable Courage, and Utter Dedication to His Values.

The universe of infinity or the infinity of the universe- whichever way we perceive it – defies prose and verse. The values which Fali Nariman embodied- unflinching ethics, indomitable courage and an unwavering pursuit of principle provide a balm to the soul of the profession. In the Illiad, Homer compares people to leaves, noting that in the winter they are blown to the earth and as spring comes again, the budding wood grows once more, causing Homer to state, “And so with men: one generation grows, another dies away.”

CJI further said that Mr. Nariman’s scholarly path, he achieved with several honours, reaching a pinnacle with his unparalled achievement in the Bar Council’s Advocate Exam, where he secured the top position. His upbringing in India was marked by over coming formidable obstacles, as his schooling at Bishop Cotton School in Shimla and St. Xavier’s College in Mumbai established the cornerstone for his later triumphs. At the government law college, Mr. Nariman bagged the Kinlock Forbes Gold Medal in Roman Law Jurisprudence, thus showing early signs of the jurist in the making.

The early years of Mr Nariman’s career were spent, like many of us, carefully observing and assisting senior counsel. He joined the chamber of Sir Jamshedji Kanga in Bombay. The chamber had an assembly line of brilliant juniors, – including Marzban Mistree, Rustom J Kolah, Hormasji M Seervai, Khursedji H Bhabha, Soli Sorabji, Jal Vimadalal, and Nani Palkhivala.The CJI further said that Mr.Nariman’s commitment to integrity and excellence in the legal field, he recounted from the jurist’s renowned book ‘Beforwe Memory fades’ where Nariman stressed the significance of establishing oneself through integrity and ability within the legal community.

Fali Sam Nariman was born on 10, January 1929; he was a senior Advcoate to the Supreme Court of India from 1971 and was the President of the Bar Association of India from 1991 to 2010.

Through out his career Nariman held various prestigious positions, including serving as Additional Solicitor General of Inda (1972-1975) and as a Rajya Sabha Member (1999-2005).He had been associated with several legal bodies and institutions, including the international Commission of Jurist the Indian law Institute.

With the imposition of the Internal Emergency in June 1975, Mr Nariman resigned as Additional Solicitor General. As Martin Luther King Jr. once mused, “Cowardice asks the question, ‘Is it safe?’ Expediency asks the question ‘Is it politic?’ Vanity asks the question ‘Is it popular?’ But Conscience asks the question, ‘Is it right?’ Mr Nariman was guided by only one question. In his later years Mr Nariman often described how, in the days following his resignation as Additional Solicitor General, visitors to his house dried up to a trickle. However, his continued accomplishments at the Supreme Court are a testament not only to his enduring legal prowess that saw him through turbulent times, but also to that finest tradition of the Bar in rising above the disagreements of the day to unfailingly serve their clients, assist the Court, and work towards our nation’s betterment.

The quality of balancing greatness while stasaying down to the earth was embedded in Mr. Nariman.The CJI lauded his consent endeavour to seek growth, especially at an age where people let their achivements overtake their conscience.

“Despite scaling these incredible heights, Mr Nariman always maintained that greatness and modesty go hand in hand. He was a man truly in the mould of his mentor Sir Jamshedji Kanga who famously even at the age of 92 always insisted, “I am still learning!”

Mr Nariman’s contributions to the legal profession transcended the Court. He was the President of the Bar Association of India from 1991 to 2010, and a Member of the International Commission of Jurists from 1995 to 1998. He also served as Vice-Chairman of the Internal Court of Arbitration of the International Chamber of Commerce and as a Member of the London Court of International Arbitration. Public law became a part of his flesh and blood.

Fali Nariman’s life straddled time and roles of personality. He embodied the fierce and unwavering commitment to the rule of law which has defined the position of the Bar after 1947. As an inveterate lawyer, Fali Nariman was that and more. He was a mentor to many on the Bar and the Bench. He had perfected the fading art of letter writing. He would share an article or eagerly enquire about areas of emerging interests like technology in which he was a self-confessed beginner.