Fali S Nariman, The Jurist Who Stood Up To Indira Gandhi — All You Need To Know

From Indira Gandhi's declaration of Emergency to the recent SC verdict on Article 370, Nariman never minced words when it came to preserving the sanctity of Constitution. Here's all you need to know

Nariman wrote in his autobiography: "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."

Source : PTI

Eminent Jurist and Senior Advocate Fali S Nariman passed away at 95 on Wednesday at around 12:45 am. A distinguished Constitutionalist, Nariman was awarded Padma Bhushan in 1991 and Padma Vibhushan in 2007. A staunch supporter of civil rights and secularism, Nariman wrote in his autobiography: "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."

Nariman argued several important cases that turned into landmark judgements in India's judicial history. From Indira Gandhi's declaration of Emergency to the recent verdict by the Supreme Court on Article 370, Nariman never minced words when it came to  preserving the sanctity of the Indian Constitution. Here's all you need to know about the late jurist.

Who Was Fali S Nariman?

Nariman was a Senior Supreme Court Lawyer and a former Rajya Sabha MP. After graduating from the Government Law College, Mumbai, Nariman began his practice in Bombay High Court. Later, he shifted to Delhi after he was appointed as the Additional Solicitor General (ASG) by the Indira Gandhi government. 

Along with Padma Bhushan and Padma Vibhushan, Nariman was also awarded the Gruber Prize of Justice. He was also a nominated member of Rajya Sabha from 1999 to 2005.

He has also served as the President of the Bar Association of India from 1991 to 2010.

He also served as the President of the International Council for Commercial Arbitration from 1994. Nariman was also appointed the Vice-Chairman of the Internal Court of Arbitration of the International Chamber of Commerce in 1989. He also acted as Chairman of the Executive Committee of the International Commission of Jurists in Geneva from 1995 to 1997.

The Time When He Stood Up To Indira Gandhi

When the then Prime Minister Indira Gandhi declared Emergency, Nariman resigned from the post of Additional Solicitor General of India to register his protest against the decision by the government.

Argued Against NJAC 2014:

Nariman also argued against the National Judicial Appointment Commission (NJAC). He put up strong arguments against NJAC, maintaining that it would compromise the independence of the judiciary and give primacy to the executive.

He argued that the right to appoint judges form the basis of the independence of the judiciary and was part of the basic structure of the Constitution.

Collegium System:

The veteran lawyer also appeared for the famous 'Supreme Court Advocates on Record Association vs Union of India, 1993' case that led to the current collegium system of appointing Judges to the Supreme Court and High Court. 

However, he was also a staunch critic of the collegium system and called it the lesser devil.

"A case I won- but would prefer to have lost. He further said "I don't see what is so special about the first five judges of the Supreme Court...They are only the first five in seniority of appointment- not necessarily in superiority of wisdom."

He further suggested that all the judges of the Supreme Court should 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.

He said that the closed circuit network of five judges should be disbanded.

TMA Pai case:

Another landmark case in which Nariman appeared was the TMA Pai case that decided on the scope of minority rights under Article 30 of the Constitution.

Narmada Bachao Andolan:

Nariman represented the Gujarat government in the Narmada Rehabilitation case. But, after news reports of attacks on Christian community and burning of Bible copies, he resigned from the case.

Secured Bail For Late Former Tamil Nadu CM J Jayalalitha:

He represented the former chief minister Jayalalitha and obtained bail for her from the Supreme Court in 2014 who was convicted for possessing assets disproportionate to her known sources of income.

Personal Life:

Nariman was born in 1929 in Myanmar. He did his schooling from Shimla's Bishop Cotton School. He did his graduation from St. Xavier's College in Mumbai in Economy and History. 

His son Rohinton Nariman is a senior advocate and was a judge of the Supreme Court. His autobiography 'Before Memory Fades' is a widely read book among law students. He has also authored 'God Save the Hon'ble Supreme Court', 'Harmony Amidst Disharmony', 'India's Legal System: Can It Be Saved?', 'You Must Know Your Constitution'.