“Hazaron saal Nargis apni be-noori pe roti hai; Badi mushkil se hota hai chaman mein didawar paida.” (For thousands of years, the (eye-shaped) Narcissus laments its blindness; With a great difficulty, the one with true vision appears in the garden (to praise its charm).
Renowned Urdu poet, Allama Iqbal composed this meaningful couplet in praise of the true visionaries, who are capable of redressing the afflictions suffered by those, who are not cared about. The aphorism fits well to the noble attributes of Fali Sam Nariman, the peerless doyen of legal fraternity.
How shocking and painful was the news of Fali’s sad demise on February 21, 2024. However, Fali was larger than life, as the noble soul transcends from the cage of biological body frame to live eternally in the hearts of the conscience-keepers, who would never let him die. As such, Fali has become immortal emotionally and spiritually.
Fali captioned his autobiography as “Before the Memory Fades”; whereas, the truth lies that his memory will never fade. This narrative is as true as death. The great son of the soil writes, ” I have lived and flourished in a secular India. In the fullness of time, if God wills, I would also like to die in a secular India.”
Fali Sam Nariman was born on January 10, 1929, in Rangoon, (now Yangon, a part of the then British India). His father’s name Sam was adopted from ‘Sam’, a mythical hero of ancient Persia. Fali has a Persian ancestry. His mother’s family (the Burjorjees) hailed from Burma ( now Mynamar). His father Sam Nariman, came to Rangoon from Bombay (now Mumbai), in the year 1927, to establish a branch office of New India Assurance Co. Ltd. Here he met and fell in love with his mother, Banoo Burjorjee (16 year younger than him). They married in the year 1928, setting up home in Rangoon.
Fali began his legal career by enrolling himself as an advocate of the Bombay high court in November, 1950. In a short span of eleven years, in 1961, he was designated as senior advocate. In 1972, he moved to Delhi, to practice in the Supreme Court of India. Fali remained a conscience- keeper throughout his judicial career that lasted more than seven decades.
Fali besides being a noted legal figure was a prolific author. His notable work includes, ‘Before the Memory Fades’, ‘The State of the Nation’, ‘India’s Legal System: Can it be Saved?’ and ‘God Save the Hon’ble Supreme Court’.
The veteran lawyer held numerous prestigious positions throughout his illuminating legal career. He was President of the Bar Association of India from 1991 to 2010; President of the International Council for Commercial Arbitration; Vice-Chairman of the Internal Court of Arbitration of the International Chamber of Commerce, and Chairman of the International Commission of Jurists in Geneva from 1995 to 1997. He was awarded Padma Bhushan in 1991 and the Padma Vibhushan in 2007. He had been the nominated Member of Rajya Sabha from 1999 to 2005.
He appeared in several landmark cases before the Supreme Court, which included Golaknath case (1967), Kesavananda Bharti (1973), Union Carbide in Bhopal Gas Disaster, Minerva Mills, to mention a few. He appeared in Supreme Court Advocates On- Record Association & Anr Vs. Union of India, in which the National Judicial Appointment Commission (NJAC) was struck down and the Collegium system was upheld by a five-judge Constitution Bench.
In Chapter 16 of his book, ‘Before Memory Fades’, captioned, ‘A Case I Won- But Which I Would Prefer to Have Lost’ mentions, “I don’t see what’s so special about the first five judges of the Supreme Court. They are only the five in seniority of appointment – not necessarily in superiority of wisdom or competence. I see no reason why all the judges in the highest court should not be consulted when a proposal is made for appointment of a high court judge ( or an eminent advocate) to be a judge of the Supreme Court. I would suggest that the closed -circuit network of five judges should be disbanded.”
He further points out, “…..But the extra curricular task (imposed upon five senior most judges by the judgement of the court itself), that of recommending appointment to the highest court has not been conducted with the care and caution that it deserves. There is too much ad hocism, and no consistent and transparent process of selection. As a result, the image of the court has gravely suffered.”
Fali has always been true to his conscience. In 1971, he was appointed as Additional Solicitor General by Indra Gandhi government, but resigned as protest from this post in June,1975, soon after the national emergency was declared. He continued in private practice in the Supreme Court.
Fali Nariman writes, ” After about eight years (of relinquishing the charge as ASG), Chief Justice Y.V. Chandrachud (he was chief justice of India from 1978 to 1985) invited me sometime in the early 1980s to be a judge of the Supreme Court- a direct appointment from the Bar. I thanked him but respectfully declined…..He said he was making me the offer not only after consulting all the judges of Supreme Court but at their instance, and that if I accepted I would in course of time (I was then only 53 year old) surely be chief justice of India for a very long period. Have I any regrets? I don’t think so.”
Fali Nariman once again exhibited his fearlessness when he recently criticised the verdict of the Supreme Court, in which the abrogation of Article 370 was upheld and said it is regrettable that there was no dissenting judgement.
In his recent interview with Lawyers Update, Fali Nariman commenting on Article 370 judgement had said that we have no authority to say whether the judgement is wrong or not wrong but called the verdict as “totally erroneous and bad in law”. He said that the verdict is “politically acceptable, but not constitutionally correct.” Politically, it is a good thing that a temporary provision in India’s Constitution (Article 370) has ceased to be operative. It has facilitated a complete integration of Jammu and Kashmir in to the Union of India, but the verdict lets Centre get away with violating the Constitution and federal principles.
According to him, what could have been done, was to first repeal the provisions to Article 370; thereafter, the Parliament would have complete liberty to revoked the ‘special status’ as by doing so, the requirement of the Constituent/ State Assembly’s recommendation would not be needed procedurally.”
Fali Nariman shall remain the lighthouse in the dark ocean of uncertainties and the North Star for the entire legal fraternity. Good bye Fali Sir!
