Fali Sam Nariman
Fali Sam Nariman is a distinguished Indian jurist, known for his significant contributions to Indian law and jurisprudence. Born on January 10, 1929, in Rangoon (now Yangon), British India, he has been a prominent figure in Indian legal circles for several decades. Nariman is highly respected for his legal acumen, particularly in the fields of constitutional law, international arbitration, and public interest litigation.
His legal career spans over six decades, during which he has been involved in several landmark cases that have shaped Indian law. Fali Nariman began his legal practice in 1950 at the Bombay High Court. In 1971, he was designated as a Senior Advocate by the Supreme Court of India, a title that marks a recognition of excellence in the legal profession. He has served as the Additional Solicitor General of India from 1972 to 1975.
Nariman has been honored with the Padma Bhushan in 1991 and the Padma Vibhushan in 2007, which are among the highest civilian awards in India, in recognition of his distinguished service in the field of jurisprudence. The International Bar Association bestowed upon him the Living Legend of Law Award, recognizing his outstanding contribution to the legal profession internationally and his commitment to the rule of law.
- Full Name : Fali Sam Nariman
- Fali Sam Nariman Profession : Senior Adv. of Supreme Court
- Fali Sam Nariman Date of Birth : January 10, 1929
- Fali Sam Nariman Birth Place : Rangoon (now Yangon), British India
- Fali Sam Nariman Age : 95 Years
- Fali Sam Nariman Died on : 21st February, 2024
- Fali Sam Nariman Net Worth : Not Known
- Education : LL.B From GLC, Mumbai in 1950
Beyond his practice in the courts, Nariman has contributed to the legal profession and the study of law through various roles, including serving on committees for legal reform, lecturing at law schools, and writing. He is also known for his advocacy for the independence of the judiciary and the integrity of the legal profession.
Fali Nariman's legacy includes not only his direct contributions to legal judgments and advocacy but also his influence on generations of lawyers and jurists through mentorship and example. His work continues to be cited and studied, reflecting his enduring impact on Indian law. Fali Sam Nariman says my seniors, Senior Jamsetjee Kanga was my mentor.
Fali Sam Nariman Inspiring Quotes For Lawyers
"Law is a matter of the heart, as well as the head. You have to have compassion; it is one of the greatest qualities."
"If you get angry in the courtroom, losing your temper can be a disaster. You can’t afford it because your client suffers. It all comes with age and practice."
"I’m 82 and most people retire, but lawyers never do, they only drop dead! It’s very difficult to say “I’m going to retire."
"Writing a Constitution is simpler; borrowing ideas from everywhere is nothing great. How to work the Constitution is a grave challenge and it’s fascinating."
"Law is a matter of the heart, as well as the head. You have to have compassion; it is one of the greatest qualities."
In a Bar & Bench Interview Fali Sam Nariman Said,
Fali Sam Nariman mentioned that becoming a lawyer wasn't his first choice. His dad had hoped he would go for the Indian Civil Service exam, but financial constraints made that option unviable. After getting a second-class in his Bachelor's degree and realizing he didn't have an aptitude for science or math, law seemed to be the only path left.
During his time at the Government Law College, they organized a mock Parliament, which operated with a level of efficiency (or lack thereof) similar to the actual Parliament. In this setup, the Principal assumed the role of the King, and they adhered strictly to the procedural rules. Nariman took part in the college's electoral system as a member of the Democratic Party, serving as Prime Minister in his first year, leader of the opposition in his second, and as Speaker in his third year. [1]
Fali Sam Nariman Education
Fali Sam Nariman attended Bishop Cotton School in Shimla for his schooling. He then went on to pursue higher education in Economics and History, graduating from St. Xavier's College, Mumbai. His legal education culminated with an LL.B degree from the Government Law College, Mumbai, which he obtained in 1950.
Fali Sam Nariman Career
Fali Sam Nariman has had a distinguished and influential career in the legal field, marked by his contributions to constitutional law, international arbitration, and human rights. His career highlights include:
Early Career: Nariman started his legal practice in 1950 at the Bombay High Court. With his exceptional legal skills and dedication, he quickly made a name for himself.
Senior Advocate Designation: In 1971, he was designated as a Senior Advocate by the Supreme Court of India. This title is conferred as a recognition of exceptional ability and standing in the legal profession.
Additional Solicitor General of India: Between 1972 and 1975, Nariman served as the Additional Solicitor General of India. During his tenure, he represented the government in several key cases, contributing to important legal precedents.
International Arbitration: Nariman has also earned international recognition for his expertise in arbitration. He has represented both corporations and governments in numerous international disputes, showcasing his legal prowess on a global stage.
Public Interest Litigation: Throughout his career, Nariman has been a strong advocate for the public interest, being involved in numerous cases that have significantly impacted Indian society and governance.
Legal Education and Reforms: Nariman has been deeply involved in legal education and reform. He has lectured extensively and written several books and articles on law and jurisprudence, contributing to the intellectual foundation of the legal profession in India.
Awards and Honors: In recognition of his contributions to law and society, Nariman has received numerous awards, including the Padma Bhushan in 1991 and the Padma Vibhushan in 2007, which are among the highest civilian honors in India.
Bar Association Leadership: He has played a significant role in the leadership of various legal and bar associations, advocating for the rights of lawyers and the importance of judicial independence.
Influential Cases: Nariman has been involved in many landmark cases before the Supreme Court of India, influencing the development of Indian law in areas such as freedom of speech, constitutional rights, and corporate governance.
Legacy and Mentorship: Beyond his direct contributions to law and jurisprudence, Nariman's legacy includes mentoring generations of lawyers and jurists, shaping the future of the legal profession in India.
Fali Sam Nariman's career is characterized by his unwavering commitment to justice, his exceptional legal acumen, and his significant impact on Indian law and society.
My heartfelt condolences go out to the family and friends of Fali Nariman, whose demise leaves a profound void in the legal community.
— Rahul Gandhi (@RahulGandhi) February 21, 2024
His contributions have not only shaped landmark cases, but have also inspired generations of jurists to uphold the sanctity of our Constitution… pic.twitter.com/K9Uv90csPz
Fali Sam Nariman family
Fali Sam Nariman, a luminary in the Indian legal fraternity, has had a personal life that's as respected as his professional journey. His family, particularly known through his son, Rohinton Fali Nariman, reflects a legacy of legal excellence. Here's a brief overview of his family:
Wife: Bapsi F. Nariman - Fali Nariman is married to Bapsi F. Nariman. Together, they have shared a life that has seen the ups and downs of a legal career spanning several decades.
Son: Rohinton Fali Nariman - Perhaps the most notable member of his family, in terms of public recognition, is his son, Rohinton Nariman. Following in his father's footsteps, Rohinton has had a distinguished career in law and served as a Judge of the Supreme Court of India from July 2014 until his retirement in August 2021. Before his elevation to the Supreme Court, Rohinton Nariman held the position of Solicitor General of India.
Daughter-in-law and Grandchildren: Less is publicly known about other members of Fali Nariman's immediate family, including his daughter-in-law and any grandchildren. The Nariman family, while prominent in the legal circles of India, tends to keep personal details private.
The Nariman family is highly regarded, not just for their professional achievements, but also for their contributions to the legal and judicial landscape of India. Fali Nariman's legacy, carried forward by his son Rohinton, highlights a commitment to justice, legal excellence, and the upholding of constitutional values.
Fali Sam Nariman Son
Fali Sam Nariman's son is Rohinton Fali Nariman, a distinguished jurist who has also made significant contributions to Indian law. Rohinton Nariman was born on August 13, 1956, and has followed in his father's footsteps, becoming a prominent figure in the Indian legal community. He has served as a Senior Advocate at the Supreme Court of India and was also appointed as the Solicitor General of India in 2011, a position he held until 2013.
In July 2014, Rohinton Nariman was elevated directly from being a Senior Advocate to a Judge of the Supreme Court of India, a rare and prestigious appointment. His tenure as a Supreme Court judge has been marked by several notable judgments and contributions to Indian jurisprudence. Rohinton Nariman retired from the Supreme Court on August 12, 2021, upon reaching the age of 65, which is the retirement age for Supreme Court judges in India. Like his father, Rohinton Nariman is highly respected for his legal acumen and dedication to the principles of justice and equity.
Fali Sam Nariman books
Fali Sam Nariman is a distinguished Indian constitutional lawyer and senior advocate who has served in the Supreme Court of India. He has been an influential figure in Indian law and jurisprudence and has also contributed to literature in the field of law and constitutional matters. Some of his notable books include:
"Before Memory Fades: An Autobiography": This is perhaps his most famous book, an autobiography where Nariman recounts his professional journey, including landmark cases and significant moments of his legal career. It provides insights into the workings of the Indian legal system and the evolution of law in India, making it a valuable read for both legal professionals and anyone interested in the workings of law and justice in India.
"The State of the Nation": In this book, Nariman reflects on the Constitution of India, its interpretation, the role of the judiciary, and the challenges facing the country. He offers his insights on how the Constitution lives within Indian society and the importance of protecting its core values.
"God Save the Hon'ble Supreme Court": Focused on the Indian judiciary, this book delves into the Supreme Court's role in interpreting the Constitution, its functioning, and its impact on Indian democracy. Nariman shares his thoughts on judicial independence and the challenges that the apex court faces.
"India's Legal System: Can it be Saved?": Nariman assesses the Indian legal system's condition, addressing its strengths and weaknesses. He discusses the need for reforms and suggests ways to improve the efficiency and effectiveness of legal processes in India.
"Law, Courts and Justice in India": This book offers a collection of essays and lectures by Nariman on various legal issues, including constitutional law, human rights, and public interest litigation. It provides a comprehensive look at the Indian legal landscape and Nariman's perspectives on justice and law.
Fali S. Nariman's books are not only a testament to his illustrious career but also provide valuable insights into the Indian legal system, its challenges, and the principles of justice and democracy. They are an essential read for those interested in understanding the complex interplay between law, society, and governance in India.
Fali Sam Nariman famous cases
Fali Sam Nariman, renowned for his expertise in constitutional law, international arbitration, and human rights, has been involved in several landmark cases throughout his illustrious career. While it is challenging to list all of his significant cases due to the vastness of his contributions to Indian jurisprudence, here are a few notable ones that highlight his legal prowess and impact:
Kesavananda Bharati vs. State of Kerala (1973): Although not directly involved, Nariman's contributions to constitutional law and his advocacy for the basic structure doctrine have been influenced by this landmark case, which established the doctrine that the Indian Constitution has a basic structure that cannot be altered by any amendment by Parliament.
S.P. Gupta vs. Union of India (1981): Known as the Judges' Transfer Case, this was a landmark case in which the Supreme Court of India dealt extensively with the independence of the judiciary and the powers of the President of India under Article 222 of the Indian Constitution concerning the transfer of judges from one High Court to another. Nariman's advocacy and legal commentary have significantly shaped the discourse on judicial independence in India.
Golak Nath vs. State of Punjab (1967): Though Nariman did not argue in this case, his subsequent analysis and work in constitutional law have been impacted by its holdings. This case is pivotal in Indian constitutional law, where the Supreme Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.
T.M.A. Pai Foundation vs. State of Karnataka (2002): This case dealt with the extent to which educational institutions could be regulated by the State and the rights of minorities to establish and administer educational institutions of their choice. Nariman's expertise in constitutional law and rights of minorities has been influenced by the principles laid out in this case.
Vodafone International Holdings B.V. vs. Union of India (2012): Although not a direct participant, Nariman's work in the area of international arbitration and tax law has intersected with issues similar to those in this case, where the Supreme Court ruled in favor of Vodafone, holding that the company was not liable to pay Rs 11,000 crore as demanded by the Indian government in taxes.
National Legal Services Authority vs. Union of India (2014): This landmark case, in which the Supreme Court recognized the rights of transgender persons as a third gender and affirmed their fundamental rights, reflects Nariman's lifelong advocacy for human rights and dignity for all individuals.
Union Carbide Corporation vs. Union of India (1989): Nariman played a crucial role in the settlement negotiations of the Bhopal Gas Tragedy case, one of the most catastrophic industrial disasters in history. The Supreme Court approved a settlement of USD 470 million for the victims.
S.R. Bommai vs. Union of India (1994): Although Nariman's direct involvement in this case isn't prominently noted, the case itself is a landmark judgment in Indian constitutional law regarding the misuse of Article 356 of the Indian Constitution for the imposition of President's Rule in states. The principles laid out in this case have influenced legal discussions and arguments in which Nariman has been involved, especially regarding federalism and the autonomy of states.
Reliance Gas Transportation Infrastructure Ltd vs. Reliance Industries Ltd (2010): Nariman represented Reliance Natural Resources Ltd in this high-profile corporate dispute with Reliance Industries Ltd over the terms of a contract related to gas supply. The Supreme Court's decision in this case was a significant moment in Indian corporate law.
Tata Consultancy Services vs. State of Andhra Pradesh (2004): This case, involving the classification of software for tax purposes, had significant implications for the IT industry in India. Nariman's expertise in constitutional and tax law contributed to the discourse surrounding this case.
I.R. Coelho (Dead) By LRs vs. State of Tamil Nadu & Ors (2007): This case is significant for reinforcing the doctrine of the basic structure of the Constitution, wherein the Supreme Court held that laws placed in the Ninth Schedule are not immune from judicial review and can be challenged if they violate the basic structure of the Constitution. Nariman's contributions to constitutional law have been deeply influenced by the principles upheld in cases like this.
Fali Nariman's career encompasses a broad spectrum of legal advocacy and contribution to the Indian legal system, far beyond these highlighted cases. His work has consistently aimed at the expansion of rights, the protection of the Constitution's integrity, and the enhancement of legal and judicial standards in India.
Fali Sam Nariman Died
Fali Sam Nariman, a distinguished constitutional jurist known for his extensive knowledge and impact on the global legal landscape, passed away in Delhi on 21st February, 2024 . He was 95 years old.
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.
— Narendra Modi (@narendramodi) February 21, 2024
New Delhi, Chief Justice of India D Y Chandrachud condoled the death of legal doyen and veteran advocate Fali S Nariman, saying he was a "great giant of an intellectual". Nariman died here on Wednesday at the age of 95.
"Mr Attorney General, we mourn the sad demise and passing away of Fali Nariman. He was a great giant of an intellectual," Chandrachud told Attorney General R Venkataramani as he began the day's proceedings in the apex court.
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