“Lawyers in India never retire; they simply drop dead,” remarked Fali Nariman. He proved the truth of his saying. Agile and active for his 95 years till February 20, he was finalising his written submissions in a pending Constitution bench case till late night and quietly passed away in the wee hours of February 21, bringing the curtain down on a unique and illustrious life and career. His passing has removed from the scene perhaps the last of the great giants of the Indian Bar. In the sudden removal of this peak—Justice Krishna Iyer referred to him as the summit of the Indian Bar—we are unkindly reminded of the close proximity of death in a life so full.
Born on January 10, 1929 at Rangoon, Fali Sam Nariman studied at Bishop Cotton School in Simla and St Xavier’s College, Mumbai. He studied law at the famous Government Law College in Mumbai, where among his teachers were the illustrious Nani Palkhivala and Yeshwant Chandrachud, later chief justice of India. Fali passed with flying colours, winning the Kinloch Forbes Gold Medal in Roman law and jurisprudence.
He started general practice in 1950 in the chamber of the legendary Jamshedji Kanga, where he was attached to Khursedji Bhabha, who ‘chiselled the young juniors’. Kanga, of course, was the mentor and father figure. Soon, Nariman built up a large and lucrative practice, particularly in commercial and civil law. He assisted Nani Palkhivala in the Golak Nath case. He was designated senior advocate in 1971. In 1972, Fali was appointed Additional Solicitor General and shifted practice to Delhi. Thereafter, for over half a century, he practised continuously in the Supreme Court. He was one of its leading lights and a conscience keeper.
Fali demonstrated his courage and character when he resigned as ASG when the Emergency was imposed in June 1975. He was a young man of 46 then with a promising career, but did not hesitate to do what was right and what he believed in. He had that lovely quality—the courage of conviction—to believe in something and stand up for it. This he did again many years later when he returned the brief of the Gujarat government following the communal riots there. He was unwavering in his commitment to the values he held dear—the rule of law, secularism, independence of the judiciary and integrity and rectitude in public and private life.
He was a legal colossus—a sound lawyer and a consummate advocate. He was perhaps the finest advocate of his time. His knowledge of law and the keenness of his intellect were matched by the persuasiveness of his manner and language, his advocacy which was skilled and charming. He could reduce a proposition to its first elements and put across a point with simplicity and finesse. He splendidly performed the supreme duty of an advocate, which is to grapple with the judicial mind and try to bend it to the view he is propounding. One may not have agreed with all he said, but he was always heard with respect, whether in court or at a public gathering. ‘When he spoke the air was still, the mute wonder lurked in men’s ears to steal his sweet and honeyed sentences.’
In one case where a high court had given an order, he told the Supreme Court, “My Lords, the high court judges think that they are your lordships and have the same wide powers.” That was enough to get an order. His practice covered all branches of law. Numerous are the cases he argued in different fields in various courts. He was also a gifted public speaker and an elegant writer.
He was always very polite, but firm. Gentle in manners and unfailingly courteous, he was grace personified. Great liberality of thought and catholicity of outlook were his traits. The hero of many a battle and celebrated causes, he was a noble warrior who bore his scars and honours with a philosophic indifference. He was a strong and outstanding ethical pillar of the Bar. With his departure, the tribe has further dwindled. Many awards came his way; he was also a nominated member of Rajya Sabha, where he did exemplary work.
I knew him for more than four decades, since my days as a law student. His advice to me at our first meeting was, “Read, read and read everything under the sun.” He once recalled an advice C. K. Daphtary had given him: “It is more important to spend time thinking about the case than merely reading the brief.” Fali said he took it to heart and was greatly benefitted. A meeting with him was always rewarding and delightful. I spoke to him last on his last birthday in January, which is how it will remain.
To generations of men of law, Nairman was a beacon and an exemplar. In a tribute to Homi Seervai on his passing, Fali wrote, when they make great men, they break the mould. That equally applies to Nariman. It will be difficult to see another like him. His departure is truly the end of an era. We have to record our gratitude for a life to which we owe so much. While the west is still lighted with his radiance, it is good for us to imbibe his precept and practice. Goodbye sir, may the flight of angels lead you to your eternal rest and may your legacy abide with us.
(Views are personal)
V Sudhish Pai
Senior advocate
