A Fierce Sentinel of the Constitution; Eminent Jurist Fali S. Nariman Passes Away at the Age of 95

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Image Source:India Today NE

Acclaimed Constitutional Jurist Fali S. Nariman passed away this morning due to health and cardiac issues. He started his legal career as an advocate in the Bombay High Court in 1950 and soon became a senior advocate. Nariman ascended to great heights as he became the Additional Solicitor General of India from 1972 to 1975; however, he renounced his position to stand against the Emergency imposed by Indira Gandhi. He also received several accolades like the Padma Bhushan in 1991 and Padma Vibhushan (the second-highest civilian award) in 2007 for his integral contributions to Jurisprudence.

Championing Constitutional values, Nariman was a part of imperative Judgments throughout his decade-long career:

  • He represented the Union Carbide case, famously known as the Bhopal gas tragedy case, and managed to get a $470 million settlement deal for the victims. Although reflecting on the case, Mr. Nariman regretted his decision to take up the case. In an interview with Karan Thapar of The Wire, he said, “If I had to live my life all over again, as a lawyer, and the brief came to me, and I had the foreknowledge of everything that later came in, I would certainly not have accepted the civil liability case.” He further added, “One is always ambitious at that age, but I found out later – when it was too late, one can’t walk out of the case one has taken up, that it was not a case but a tragedy, and in a tragedy who is right, wrong all become marred in a great deal of justifiable emotion.”
  • Notably, he was also staunchly against the National Judicial Appointments Commission, which aimed at increasing the government’s role in the appointment of Judges in the SC by replacing the Collegium system. He called it a catastrophe and a “complete anathema to judicial independence.” He also contended the 1993 & 1998 Second & third judges’ cases where he emphasized the advice given by CJI as consultation as something important to protect the judiciary’s autonomy and convinced the SC to enforce the present collegium system.
  • He also appeared in the Golak Nath case, backing the petitioners which further said that Part III of the Constitution is outside the purview of Parliament’s power to amend the constitution under Article 368.

Speaking on Article 370 abrogation, Nariman, during an interview on The Wire, said, “It is politically welcomed but constitutionally flawed, welcome only in so far it has facilitated a complete integration of J&K into the Union of India which is a good thing but not constitutionally.” Calling the attempt to reinterpret the J&K’s constituent assembly as the legislative assembly was wrong; the constituent assembly had ceased to exist, and it’s stupid to try and convey the impression that it has become a legislative assembly.

Apart from his important observations in the field of judiciary, he was also vocal and outspoken defiant on issues like liberty pertaining to media houses. In a message to the Press Club of India regarding the defamation case on The Wire by Amit Shah, he said, “Any support extended by a political party in power to a private person’s defamation suit against another private person is condemnable and must be denounced.”

Other renowned lawyers and experts expressed grief on the passing of Mr. Nariman. Faizan Mustafa, another constitutional expert, said, “Nation’s legendary conscience keeper Fali Nariman, who had resigned as ASG on the imposition of an emergency, is no more with us. He never hesitated in criticizing even the SC. It is a huge loss for the legal fraternity. May God rest his soul in peace.”

CJI DY Chandrachud also poured his heart out while mourning the loss of Nariman. He said, “I am deeply saddened to learn of the passing away of Mr. Nariman. His voice truly represented the conscience of a generation. Fearless in the expression of his views, he wrote and spoke with clarity and candor. He mentored a generation of lawyers and judges but above all he was always a kind and affectionate father figure. A towering intellectual of our era has sadly passed on.”

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Rahul Tiwari
Rahul TiwariNews Writer
Rahul Tiwari, a law student, possesses a keen interest in politics, movies, music, and the pop culture landscape. Equipped with an unyielding spirit for writing, he navigates through his diverse interests with enthusiasm and dedication.

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