New Delhi: Fali S Nariman, a towering figure in Indian judiciary and a key architect of modern India’s legal framework, passed away on Wednesday at the age of 95. He was suffering from various ailments including heart disease.
“We regret to inform you of the sad passing away of our dear father Mr. Fali S. Nariman, aged 95, early this Wednesday morning 21st February, 2024. Burial will be held at 10 am at Parsi Aramgah, Near Khan Market, New Delhi on Thursday. Uthamna (prayer meeting) will be at 4.00 pm at the Parsi Anjuman (Dharamsala) at Bahadur Shah Zafar Marg, Opp. Feroze Shah Kotla Stadium New Delhi on Thursday,” a joint statement issued by his son, daughter and daughter-in-law said.
Nariman is survived by his son and former Supreme Court judge Rohinton Nariman, daughter Anaheeta and daughter-in-law Sanaya. His wife Bapsi Nariman died in 2020.
Born on January 10, 1929 in Rangoon, Burma (now Myanmar), Nariman’s family fled to India during the Japanese invasion when he was 12. He established himself as a brilliant legal mind, enrolling in the Bombay High Court in 1950 and quickly becoming a senior advocate by 1961. His practice spanned over 70 years, first at the Bombay High Court and then, from 1972 onwards, at the Supreme Court. Appointed as the additional solicitor general of India in May 1972, Nariman resigned from the post a day after the imposition of Emergency on June 26, 1975.
He was part of historic judicial proceedings like in the Golaknath case and the Kesavananda Bharati case where the Supreme Court delivered path-breaking judgements that protected the rights of citizens and prevented Indian democracy from going adrift. Throughout his illustrious career, Nariman left an indelible mark with his involvement in significant cases, including the Bhopal gas tragedy, the TMA Pai case (pertaining to minority rights in educational institutions), J Jayalalithaa’s disproportionate assets case, and the National Judicial Appointments Commission case, among others. Often referred to as the “Bhishma Pitamah” of the Indian judiciary, Nariman authored several books, including “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.”
He received the Padma Bhushan in 1991 and the Padma Vibhushan, the country’s second highest civilian honour, in 2007. He was nominated as a member of the Rajya Sabha in November 1999. Rich tributes poured in, with Prime Minister Narendra Modi expressing his sadness over Nariman’s demise.
“Shri Fali Nariman Ji was among the most outstanding legal minds and intellectuals. He devoted his life to making justice accessible to common citizens.”
“I am pained by his passing away. My thoughts are with his family and admirers. May his soul rest in peace,” the prime minister said.
Chief Justice of India D Y Chandrachud remembered him as a “great giant of an intellectual” and former CJI N V Ramana calling him a “conscience keeper for judicial institutions”.
Solicitor General Tushar Mehta said not only the legal fraternity but the country has lost a towering figure of intellect and wisdom.
“The country has lost an epitome of what righteousness stood for. A doyen, paragon and a legend in his own lifetime has left us, leaving the jurisprudence enriched by his immense contribution. I have always learnt something new by merely appearing even against him,” the law officer said in his message.
As soon as a bench led by him assembled for the day, Justice Chandrachud mourned Nariman’s passing.
“Mr Attorney General, we mourn the sad demise and passing away of Fali Nariman. He was a great giant of an intellectual,” Justice Chandrachud told Attorney General R Venkataramani.
Several senior lawyers including veteran advocates Kapil Sibal, Abhishek Singhvi, Indira Jaising, Prashant Bhushan and Menaka Guruswamy paid tributes to Nariman. Nariman’s son, Rohinton Fali Nariman, retired as a judge of the Supreme Court in August 2021. Bhushan said Nariman was regarded as the ‘Bhishma Pitamah’ of the legal community.
“The passing away of Mr Nariman is the end of an era of our legal history.
“He was regarded as the ‘Bhishma Pitamaha’ of our legal community. He had seen the whole unfolding of our Constitution and the judiciary from very close quarters and he had always been engaged with almost all the important battles in the court that have taken place,” he said.
Following are some of the notable cases of which Nariman was part as a counsel or senior lawyer during his illustrious career spanning over seven decades:
*The Golaknath case of 1967: The Supreme Court held that Parliament cannot make a law which is capable of infringing the fundamental rights of citizens. Nariman appeared for an intervenor supporting the petitioners seeking preservation of fundamental rights.
*The Kesavananda Bharati case: Nariman assisted noted advocate Nanabhoy Palkhivala in the famous case that led to the path-breaking judgement which laid down the “basic structure doctrine” of the Constitution, clipping Parliament’s power to amend the Constitution. The 1973 verdict simultaneously gave the judiciary the authority to review any constitutional amendment on grounds of violation of the basic structure of the Constitution.
*The TMA Pai Foundation case: The top court recognised the autonomy of private educational institutions under Article 19(1)(g) of the Constitution, and allowed them to operate without excessive governmental interference. Nariman was one of the leading lawyers in the case.
*The SP Gupta or First judges case of 1981: The Supreme Court held that the primacy of the CJI’s recommendation in judicial appointment and transfer can be turned down on cogent grounds by the government.
However, the judicial discussions finally led to creation of the collegium system of appointment of judges to constitutional courts in 1993, when the top court came out with its judgement in the second judges case.
*The 1984 Bhopal gas tragedy case: Nariman appeared for the Union Carbide. But he was candid enough to admit later that it was a mistake. He was also instrumental in finalising a deal between the victims and the company outside court.
*The NJAC case of 2014: A constitution bench in 2015 struck down the National Judicial Appointment Commission which was tasked with the responsibility of making judicial appointments.
The top court considered the submissions of Nariman, appearing for the Supreme Court Advocates on Record Association, and quashed the NJAC on grounds that it violated the freedom of judiciary, a basic structure of the Constitution.
*Disproportionate assets case against J Jayalalithaa: The former Tamil Nadu CM hired Nariman in 2014 to represent her. The senior lawyer secured her bail.
*The Narmada Rehabilitation case: Nariman represented the Gujarat government in the case, but quit following news reports of attacks on Christians and burning of copies of the Bible.
*The Cauvery water dispute case: Nariman represented Karnataka, irrespective of regime changes in the state, in the Supreme Court in the vexed river water sharing dispute involving southern riparian states of Karnataka, Tamil Nadu and Kerala.
On September 30, 2016, the jurist had refused to argue the matter for Karnataka over his differences with the state government on non-compliance of the top court’s order asking the state to release 6,000 cusecs of water from the Cauvery river to Tamil Nadu.
*The Nabam Rebia judgement of 2016: The SC ruled the governor of a state can act only on the aid and advice of the council of ministers and the chief minister. Nariman appeared for House whip Bamang Felix. He submitted that the governor did not have the power to advance the assembly session as this could only be done on the aid and advice of the council of ministers.
*The COVID-19 case: Nariman represented the Parsi community in its dispute over the protocol and standard operating procedure for handling of dead bodies of Parsi Zoroastrian COVID-19 victims under which metallic nets were to be installed above ‘Tower of Silence’ so that birds did not feed on the corpses and carry the killer virus elsewhere. with agency inputs