India’s most respected jurist and the country’s leading constitutional expert , Fali Sam Nariman passed away in the early hours of February 21 at the age of 95.
After practicing law for 22 years in the Bombay High Court, Nariman moved to Delhi and the Supreme Court where he was a senior advocate from 1971. Appointed additional solicitor general in 1972, he famously resigned in June 1975 when the Indira Gandhi government declared a national emergency.
Subsequent decades saw Nariman argue some of the most impactful cases heard in the apex court -many resulting in landmark judgments impinging on constitutional law.
The jurist was also known for his books which covered the finer aspects of law and India’s constitution in a comprehensive and systematic manner. Among the many books he authored (including a series on arbitration) four stand out as living testaments to his contributions to Indian jurisprudence:
Nariman’s 2012 autobiography, “Before Memory Fades” mirrors his firm belief in the principles laid down by the constitution and his personal views on the troubled relationship between politics and the Judiciary. He candidly addresses some bad judgment in taking on a client – notably his defence of Union Carbide in the Bhopal Gas tragedy case—which he subsequently admitted was a mistake.
“India’s legal system: Can it be saved” (2017) examines the criminal justice system as well as aspects of contemporary jurisprudence like public interest litigation, judicial review and judicial activism. He also addresses social issues like inequality and affirmative action.
“God Save the Supreme Court” (2018) touches on the functioning of the Supreme Court of India, the government’s policies with respect to the press, the judiciary and minorities, the Supreme Court and the judiciary, politicians and Parliament, the media and its right to expression.
Nariman’s magnum opus, “You must know the Constitution '' ( September 2023) traces the history and origins of India’s constitution and examines critical cases and prominent constitutional developments up to 31 July 2023.) It is unmatched as a reference book for lay persons, students and practitioners of the law alike.
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