Remembering Fali S Nariman: A Noble and Brilliant Jurist

I remain deeply saddened to learn about the demise of Fali S Nariman, a towering figure in the legal fraternity and a champion of constitutional and human values. He passed away at the age of 95, leaving behind a legacy of remarkable achievements and a profound impact on the country's judicial system.

Fali S Nariman was a jurist par excellence, a senior advocate of the Supreme Court since 1971, and a former President of the Bar Association of India from 1991 to 2010. He was honoured with the Padma Vibhushan, the Gruber Prize for Justice, and a nomination to the Rajya Sabha for his distinguished service to the nation.

He was a man of principles, integrity, and courage, who resigned as the Additional Solicitor General of India in protest of the Emergency in 1975. He was a master of the art of advocacy, who argued several landmark cases in the Supreme Court, such as the Kesavananda Bharati case, the S.P. Gupta case, and the Bhopal gas tragedy case. He was a mentor and an inspiration to generations of lawyers, who learned from his wisdom, eloquence, and humility.

He was not only a legal luminary, but also a humanitarian, a philanthropist, and a Parsi priest. He was a loving husband, a proud father, and a doting grandfather. He was a friend and a guide to many, who will miss his presence and his voice.

I had the privilege of knowing Fali personally and professionally for many years. I fondly remember the many lunches I shared with him and my Senior, Mr. Tehmtan Andhyajuna, another eminent senior advocate, at the India International Centre, where they regaled me with their anecdotes, insights, and humour. They were always generous with their time and their advice, and never hesitated to lend a helping hand to anyone in need. Like his friend, Fali too was a true 'tehmtan', the Parsi term for a noble person.

One of the topics that we often discussed was the finer aspects of the Indian constitution, which Fali was an expert in. He had a deep understanding and appreciation of the constitutional values and principles that shaped the Indian polity and democracy. He was a staunch defender of the basic structure doctrine, which he helped establish in the Kesavananda Bharati case, and which protects the core features of the constitution from being amended by the Parliament. He was also a vocal critic of the judicial appointments system, which he felt was lacking in transparency and accountability, and which he challenged in the S.P. Gupta case.

Fali's contributions to the Indian law are immense and invaluable. He enriched the constitutional jurisprudence and the legal profession with his brilliance and integrity. He upheld the rule of law and the dignity of the individual with his courage and compassion. He exemplified the spirit of tehmtan with his nobility and generosity.

Another aspect of Fali's personality that I admired was his love for reading. He used to say that the best way to kill time was to read. He was an avid reader of books, newspapers, magazines, and journals, covering a wide range of subjects and genres. He had a vast and varied collection of books in his library, which he generously shared with his friends and colleagues. He was always keen to learn new things and to expand his horizons. He believed that reading was not only a source of pleasure and knowledge, but also a way of improving one's skills and sharpening one's mind. He often quoted from his favourite authors and books, and suggested them to others. He was especially fond of the works of Jawaharlal Nehru, Winston Churchill, Mahatma Gandhi, and R.K. Narayan.

Fali also made exceptional contributions to the Supreme Court Advocates-on-Record Association (SCAORA) for which he was the lawyer in the case of Supreme Court Advocates-on-Record Association vs. Union of India, 1993 (4) SCC 441, where he successfully challenged the majority view in S.P. Gupta's case and established the primacy of the Chief Justice of India in judicial appointments. He was also the architect of SCAORA's successful challenge against the National Judicial Appointments Commission (NJAC) in the matter titled as Supreme Court Advocates-on-record Association & Anr. vs. Union of India ((2016) 5 SCC 1), which sought to replace the collegium system with a six-member body comprising the Chief Justice of India, two senior-most judges of the Supreme Court, the Law Minister, and two eminent persons. He was a guiding force for SCAORA and its members, who looked up to him for his leadership and vision.

I pay my heartfelt tribute to Fali S Nariman, a legend of the law and a leader of the bar. I express my deepest condolences to his family and his colleagues.

Author is Advocate, Supreme Court of India and Secretary of the Supreme Court Advocates-on-Record Association (SCAORA)

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