From The Courtroom To The Classroom: Lessons For The Lawyers Of Tomorrow From The Life And Work Of M.K.Nambyar

In the history of legal profession, certain figures emerge as key guides, influencing progress with their profound wisdom and unparalleled efforts. Among such figures, Mr. M.K. Nambyar stands not just as a notable name but as an enduring source of inspiration for future lawyers. It's essential for young legal minds and law students today to explore the teachings and views of Mr. M.K. Nambyar. Though the law is complex, its foundational principles remain surprisingly straightforward—a paradox best illustrated by Mr. Nambyar's distinguished career.

To understand Nambyar's significant impact on modern law, one must recognize that much of today's legal wisdom has been influenced by pioneering figures like him. Those who admire the achievements of Mr. KK Venugopal, a legal legend himself, should also consider the legacy of his father, Mr. M.K. Nambyar, to fully appreciate the source of that formidable legal talent. While Mr. KK Venugopal's biography on his father offers a detailed look into Mr. Nambyar's life, this piece aims not to review it but to highlight the essence of Mr. Nambyar's teachings—vital lessons every aspiring lawyer should embrace.

For law students entering the legal field, the lessons from Mr. M.K. Nambyar's life and career are more than intellectual insights—they are essential tools for building a strong legal foundation. By incorporating these principles early on, law students do not just inherit a legacy; they gain a timeless guide for navigating the legal profession.

In 1950, India was barely three years old and the Supreme Court was a nascent entity established that very year, when Meloth Krishnan Nambyar, a mofussil lawyer hitherto unknown to Delhi was offered to argue the very first constitutional case in the new Supreme Court of India.

With the promulgation of the Constitution, the new parliament had passed the preventive detention laws, by which a person could be detained even before they had committed a crime, solely on the inference that their past conduct indicated that they will act in a manner prejudicial to the security of the state and the maintenance of public order. AK Gopalan, a communist was preventively detained under these laws and his case listed as the very first constitutional case in the new Supreme Court of India.

With only the freshly inked Constitution in hand, Nambyar's arguments delved into the fundamental rights and personal liberties guaranteed therein and he emerged as India's foremost constitutional lawyer. Nambyar's magnum opus, however, came twenty three years later with Keshavananda Bharati v. State of Kerala establishing the basic structure doctrine which remains a cornerstone of the Indian constitutional law.

Lesson 1- Majesty of Rule of Law :

The rule of law is the foundation upon which just and equitable societies are built. It ensures that laws are applied equally, consistently, and fairly, protecting individuals' rights from arbitrary governance. M.K. Nambyar, dedicated his career to the advocacy of the rule of law. His steadfast belief in legal principles over personal biases set a standard for aspiring lawyers. He viewed Part III of the Constitution, encompassing the fundamental rights, as a unified whole. To him, Articles 14, 19, and 21 collectively guaranteed the rule of law and due process. Article 14 ensures the right to equality, while Article 19 covers various liberties including freedom of speech and assembly. Article 21 safeguards the right to life. Together, these articles embody the principle of law that hears before it condemns, proceeding upon inquiry and renders judgment only after trial.

Lesson 2 - Constitutional Integrity:

The Constitution is the supreme legal document of a Nation. Ensuring its integrity involves defending it from misuse and ensuring that all laws and policies align with constitutional principles. Nambyar was instrumental in safeguarding the Indian Constitution during challenging times. His advocacy during the Emergency period in India, highlighted the necessity of protecting democratic principles and constitutional supremacy. Law students must learn from Nambyar that safeguarding the constitution isn't just a professional duty but a moral obligation. His unwavering commitment to preserving the Constitution's sanctity was evident throughout his Supreme Court arguments, particularly in the Golaknath case. He believed the Constitution was meant to be permanent, with its basic character being indestructible. Therefore, it cannot be amended in a way that destroys this permanent nature. His efforts ensured that certain essential features of the Constitution remained inviolable, reinforcing the paramount importance of constitutional integrity.

Lesson 3- Protection of Fundamental Rights:

Fundamental rights are enshrined in the Constitution to safeguard individual liberties and dignity. MK Nambyar's career was marked by relentless efforts to protect these rights. His legal battles, like arguing against censorship and for freedom of expression, demonstrated his commitment to defending civil liberties. Therefore, though the Constitution can be amended as per the provisions of Article 368, it can never be amended to abridge or contravene fundamental rights. These fundamental principles formed the bedrock of the formulation of the basic structure doctrine in the Keshavananda Bharati case. Although health issues prevented Nambyar from presenting oral arguments in the Keshavananda Bharati case, his meticulously crafted and settled pleadings ultimately influenced Justice H.R. Khanna's significant opinion.

Apart from underlining the importance of being vigilant and proactive in defending fundamental rights, this also highlights the impact of well-prepared written submissions. Law students should aim to master the art of drafting compelling and clear written arguments. Strive for precision, depth, and persuasion in your writings, as they can sway judicial opinion significantly.

Lesson 4- Judicial Independence:

An independent judiciary is not merely an aspiration; it is a constitutional duty. This institution must remain both independent and fair to uphold the core principles of justice. Law students must understand that safeguarding judicial independence is a collective responsibility, not just a task for judges. As future lawyers, they have an obligation to uphold this independence and ensure they do not engage in actions that could compromise the impartiality of the judiciary. They must be vigilant defenders of this principle, aware that their conduct and advocacy can significantly impact the credibility of the legal system. Nambyar recognized that public confidence in the judicial system hinges on the perception of independence. If people believe that courts are free from external pressures, they are more likely to trust in judicial decisions and the legal system as a whole.

His vision emphasizes that the legal community as a whole must be dedicated to preventing any form of undue influence, whether political, financial, or social, from encroaching on the judicial process. This dedication requires a strong ethical commitment and a willingness to challenge any attempts at compromising judicial independence. By embodying these principles, lawyers and law students alike contribute to a fair, impartial, and trustworthy legal system.

Lesson 5- Courage in Advocacy:

Advocacy requires courage to speak truth to power and defend what is just, even in the face of adversity. Nambyar's legal journey was nothing short of courageous. Whether it was standing up against formidable opponents or defending controversial positions, his career was defined by valor. Guided by conviction and courage, he rose in stature from a mofussil lawyer to a legendary constitutional visionary who paved the way for many of the freedoms that we enjoy so freely today. Aspiring lawyers must draw inspiration from his relentless spirit to confront challenges head-on without compromising on principles.

Lesson 6- Upright lawyer:

Nambyar's personal conduct is marked with consummate professionalism, high ethical standards and principles. He believed that the foundation of democracy is freedom and endeavoured arduously on a lifelong path to bring the three pillars of democracy up to the ideals of the Constitution. He possessed character acquired by experience, especially the experience of being entrusted with hopes and expectations of civil liberties of the people of India. He assumed the role of a trustee of the basic framework of society as envisaged by the Constitution and carried its burden on his able shoulders with integrity and uprightness. When he attended the inauguration of his son K. K. Venugopal's chambers on Harrington Road in Madras, he handed him a letter which read:- “God bless you all- and the building and the office- and may it grow into a prosperous and upright lawyer's office.” I might add that it grew to be a prosperous, upright and generous lawyer's office. Because K. K. Venugopal, amongst all the other things, has not only been generous with his contribution to law and his vast collection of books (which he has digitized and turned into an e-library for all to access), has been very generous in sharing his father's exemplary life with the readers.

Law students can learn invaluable lessons from Nambyar's life and legacy. They should strive to uphold the same high ethical standards and professionalism in their own careers. Furthermore, the notion of legal practice as a public trust, as exemplified by Nambyar, should inspire students to view their work as more than just a career. They should see it as an opportunity to contribute to the larger societal good, ensuring that justice remains accessible and fair for all. The generosity exhibited by K. K. Venugopal in sharing resources and knowledge is another lesson for law students – the importance of giving back to the community and fostering an environment of continuous learning and support.

The Author is a lawyer practising in the Supreme Court and a former associate to Mr. K.K. Venugopal.