The country may have lost a colossal mountain in the legal landscape in the form of Fali Nariman, but the rivers that flow from it continue, feels Miriam Fozia Rahman.
—
AS I begin to write about the eminent jurist Fali S. Nariman, allow me to express my admiration for this legal luminary. In our fledgling days within the legal profession, A.S. Chandhiok wisely advised us against idle moments spent sipping chai and munching samosas in the canteen.
Instead, he urged us to seek out opportunities to listen to seasoned practitioners such as Nariman. These moments were akin to discovering gold and missing them would be a regret echoing through the years.
The universe is rarely lazy for a coincidence to occur, which is to say, two events are more often than not linked to each other and not random. In this case, the great Fali S. Nariman, the foremost legal luminary, possessed a name that directly means ‘brightness’.
Dr Rajeev Dhavan’s succinct tribute to Fali Nariman: “He was the greatest lawyer jurist of our time. Others abide our question; he is free.” These words encapsulate the essence of Nariman’s legal prowess and the freedom he embodied in his craft.
Indira Jaising eloquently observes that the recent demise of senior advocate Fali Nariman, on February 21, 2024, at the remarkable age of 95 years, signifies the departure of the pioneering generation of lawyers who commenced their practice after the Indian Constitution came into effect.
As I pen down my tribute to this remarkable figure, may the words flow effortlessly, resonating with the weight of honour and remembrance. These sentiments linger, a testament to the impact left by Fali Nariman’s legacy as these are the words I sit with after receiving the news.
The universe is rarely lazy for a coincidence to occur, which is to say, two events are more often than not linked to each other and not random. In this case, the great Fali S. Nariman, the foremost legal luminary, possessed a name that directly means ‘brightness’.
Also read: The undying flame of Fali S. Nariman
Born during the dark times of colonialism, he was in his youth at the time of India’s independence, unaware of what this freedom had in store for the country and himself. He grew up in India, budding with the country’s Constitution, giving meaning to it and gaining meaning from it.
His unwavering commitment to the secular nature of the Constitution was manifest in his litigation and written works. He ‘lived and prospered’ in a secular country and longed to die in the same.
Did he have the fortune to live long enough to see this dream fulfilled or is the curtain drawn collectively on a great lover of secularism and secularism itself?
He noted that the situation today can be drawn a parallel to the Emergency of 1975. However, he admitted that the current challenges are less obvious. Importantly, he pointed out a significant difference: today, there is a worrying rise in anti-Muslim and anti-minority sentiments, which he felt contradicts India’s international reputation.
His impact on the legal landscape of the country is profound. In his book You Must Know Your Constitution, he emphasised the importance of the Constitution and acknowledged how people seem to bypass it.
He recognised the focal position of the Preamble albeit not being a part of the Constitution itself. The Preamble gives an idea of what it seeks to achieve. He believed the Preamble to be the ‘conscience of the Constitution’ as it has been rightly called by the Supreme Court.
His unwavering commitment to the secular nature of the Constitution was manifest in his litigation and written works. He ‘lived and prospered’ in a secular country and longed to die in the same.
An advocate of liberal constitutionalism, Nariman has several notable cases to his name that have shaped Indian jurisprudence.
Nariman appeared as the chief counsel in the landmark National Anthem case. A colourfully diverse country must have the space for tolerance and he ensured it got delivered. People with the Constitution in their hearts have room for individuals who respectfully forego practices and beliefs they do not subscribe to while causing no harm to the nation’s honour. He walked the line between freedom of religion and respect for the Constitution and he walked that line with grace.
In the T.M.A. Pai case, Nariman displayed his commitment to the educational rights of minorities. Appearing for them in court, he ensured that they had the right to administer and establish educational institutions of their choice with minimal government interference.
He represented the Parsi community when the Covid pandemic was at its zenith, ensuring metallic nets were installed to prevent birds from coming into contact with virus-infected bodies, thus ensuring respectful disposal of bodies in line with their religious tradition and protection of public health.
He played a role both in the I.C. Golaknath and the Kesavananda Bharati cases. The doctrine of basic structure was introduced and affirmed in his presence. He appeared as the amicus curiae in the Vishakha case that laid down guidelines on sexual harassment in the workplace.
An advocate of liberal constitutionalism, Nariman has several notable cases to his name that have shaped Indian jurisprudence.
A true defender of judicial autonomy, he could not stomach the government’s interference in the courts. He vouched for the independence of the judiciary, appearing in almost every related case, and argued in the second judges case which ended the primary function of the Chief Justice of India in the appointment of judges. ‘Consultation’ was now inferred as ‘concurrence’.
The collegium system was introduced and it would not be incorrect to assert that Fali Nariman was the pioneer of the collegium system and the greatest advocate of it.
In his book, he expressed concern over growing majoritarianism in the Indian political scene. He aligned himself with no political party, he believed that all of them indulged in majoritarian politics, creating more disparity than parity. He subscribed to coalition governments believing they provided more inclusion and better scope for discussion. Where there was inclusion, there was Fali Nariman.
Nariman was a man of high constitutional ideals and selfless devotion to the vision of the Constitution makers. He served as the Additional Solicitor General of India from 1972 to 1975 when he was compelled to resign, believing that his office did not do justice to the Constitution working for a government whose actions he disagreed with.
Also read: Looking back at the legacy of Justice Rohinton Fali Nariman
This led to him having difficulty finding accommodation in Delhi. The man stood in the face of Prime Minister Indra Gandhi! People refused to give him their place to live.
However, his relentless conviction in what was right never faltered. In the Narmada Rehabilitation case, seeing the unprecedented lethal attacks toward Christians, he showed his protest by withdrawing himself from appearing on behalf of the Gujarat government.
The country may have lost a colossal mountain in the legal landscape but the rivers that flow from it continue. There is hope that they will reach the spaces that need them.
This led to him having difficulty finding accommodation in Delhi. The man stood in the face of Prime Minister Indra Gandhi! People refused to give him their place to live.
The country will not witness greatness like that of Fali Nariman again. Those who had the honour of seeing him argue with much grace and precision in court will carry it with them and the unfortunate young lawyers who could not will hope that one day they could come close to it.
A name that inevitably comes up when brilliant jurists and inexorable advocates are mentioned is Fali S. Nariman. Certainly, his essence radiated the luminance intrinsic to both his name and character— a beacon illuminating the path for aspiring liberal constitutionalists carving the path for future advocates of justice and democracy.
