Fali S. Nariman, senior advocate and jurist, passed away early morning of February 21, 2024, aged 95. Tributes have been pouring in for Nariman, an expert in constitutional law, who was often called the Bhishma Pitamah of India's lawyers’ community.
"He was the last of a generation of lawyers from Bombay (now Mumbai) who shaped and moulded the history of constitutional law in India, a voice that stood by secular values, for the Independence of the judiciary. My deepest condolences for his family. RIP," wrote prominent lawyer and activist Indira Jaising.
Rahul Gandhi posted: "His contributions have not only shaped landmark cases, but have also inspired generations of jurists to uphold the sanctity of our Constitution and civil liberties. May his commitment to justice and fairness continue to guide us, even in his absence."
"Very sad news. He was also regarded as the Bhishma Pitamah of the Lawyer community. A great lawyer and close friend of our family. His passing away at this critical juncture is an enormous loss for our country," wrote Prashant Bhushan, Indian public interest lawyer at the Supreme Court of India.
"The passing away of eminent jurist, senior advocate, and a fierce votary of Constitutional Civil Liberties, Fali S Nariman is a huge loss to the legal system. A Padma Vibhushan recipient, his unwavering commitment to his principles remained steadfast and admirable. My deepest condolences to his family, friends and compatriots. May his soul rest in peace," said Mallikarjun Kharge, president of Indian National Congress Party.
P Chidambaram, former finance minister, wrote: "Deeply saddened to learn that Fali Nariman, the acknowledged doyen of the Bar, passed away. He was more than a lawyer practising in Courts: he was a jurist, author, chronicler of our times and a moral force in turbulent times. I salute his memory and offer my heartfelt condolences to Justice (Retd) R.F. Nariman and other members of his family."
"It is the end of an era. Fali Nariman was a living legend who will be forever in hearts and minds. He never imposed himself. I remember Fali was very proud when I did well. He had a habit of calling a spade a spade. He never minced words," said Abhishek Singhvi, senior advocate.
Fali S Nariman quotes to remember
“I have lived and flourished in a secular India. In the fullness of time if God wills, I would also like to die in a secular India.”
“Advice is nice / On it I’ve thriven / Not mother’s or other’s / But what I’ve given!”
“Teachers should have a proud place in society. In India, regrettably, they do not – as exemplified, by what I chanced to witness a few years back in Delhi. A wizened old man driving his 1938 Austin at a speed under 20 mph with a sign at the back of the car reading, ‘Please overtake me – as all my students have.’ Pathetic, but how true!”
“If you do not acquire the fine art of suppressing your ego when you are young, it will surely overtake you when you are older, after which it will become an incurable disease. What is worse is that you will also become a bit of a bore.”
“We should avoid relying on high-profile lawyers (with political inclinations) because with their argumentative skills, they are able to rationalize all forms of tyranny.”
On “the Olympic Games: ‘The most important thing in the Olympic Games is not winning but taking part; the essential thing in life is not conquering but fighting well.”
“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
“Edmund Burke used to say that the study of law ‘renders men acute’, and that ‘they are able to augur misgovernment at a distance and sniff the approach of tyranny in every tainted breeze’.”
“Lord Atkin once said that an impartial administration of the law is like oxygen in the air; people know and care little about it till it is withdrawn.”
When Fali Nariman talked of ‘re-ethicalisation' of lawyering
In his autobiography Before Memory Fades, Nariman talked of the need to reaffirm the 'moral foundation’ of the profession: “What is the 're-ethicalization' of lawyering? The basis for this movement is a belief that the legal profession is in the midst of a crisis of identity. It stands 'exiled from its old certainties' and from its central position as guardian of society. The image and self image of lawyers risks some remoulding due to the current sense of crisis, and cynicism: what he calls 'ethical bankruptcy'.
Nariman rued that the legal education system appeared to have "lost its ethical content". Indeed, he added, a practising lawyer must keep learning throughout their career, for which he suggested a three-point programme to the national bar associations:
- "Re-discover and reaffirm the profession's 'moral foundation' (that will help refurbish its image)."
- "Inculcate ethical principles in the minds of young lawyers (and do remember people learn best by example, not by precept)."
- "Promote morally responsible and responsive lawyering... 'Make lawyers good'."
(Source: Before Memory Fades: An Autobiography by Fali S Nariman)
‘Turning point’ in Fali Nariman’s life
In his autobiography Before Memory Fades, Fali S Nariman also talked about joining the Bombay Bar in 1950 - shortly after the country formally adopted the Constitution of India, on November 26, 1949 - that marked a turning point in his professional career.
He wrote: “I had no 'godfathers' in Bombay. But God helped. My father spoke about me to A. D. Shroff of Tatas. Shroff was the chairman of the New India Assurance Co. Ltd. - my father's boss. He, in turn, spoke to Dinsha Daji, seniormost partner in Payne & Co., a leading solicitor's firm in Bombay, and I was permitted to sit there as a trainee. After working for a year (1950-1951) as an apprentice with Kaikobad Lala, one of the senior partners of the firm, Dinsha Daji (a fine avuncular old gentleman) very kindly helped me to secure entry into one of the most prestigious 'chambers in Bombay - the chambers of Sir Jamshedji Kanga, whom he knew personally. This was the most important prop to my professional career."
Lessons in the ‘school of hard knocks’: Fali S Nariman
Nariman would of course go on to become a respected lawyer. Outside the courts, too, he became known for his sharp wit and remarkable facility with language. For the legion of lawyers who looked up to him, he offered these dos and don’ts of arguing a case:
“I am frequently asked by law students around the country as to how a lawyer must prepare for and argue important cases. The only appropriate answer I can offer is, 'As best as you can.'
"There are lessons to be learnt in this 'school of hard knocks' (euphemistically called 'the Bar') in which all lawyers get their training.
"Those lessons are traditionally handed down by seniors to younger members of the Bar. The most important lesson I had learnt was from C.K. Daphtary (Chandubhai). He once quite casually passed it on to me when my wife and I entertained him - and his wife, Cicily - to dinner in our flat in Bombay, more than 30 years ago. He said (and he was not the kind of man who would preach to the young), 'Always remember, Fali, it is better to spend more time thinking about a case than merely reading the brief.' This is an advice that I have found invaluable in my entire working life.
"In keeping with the time honoured tradition in the profession, let me (in my turn) set out some of the 'dos and don'ts' that I have imbibed during my sojourn at the Bar for the past 59 years. It is done in the spirit of that anonymous bit of verse that I first picked up in school:
"Advice is nice
On it I've thriven
Not mother's or other's
But what I've given!'
Here it is:
"Let your opinions be honest and responsible. Never begin a suit or an action unless you are satisfied that your client has evidence to substantiate his claim in a court of law.
"The essence of good lawyering is acquainting oneself with the relevant law, including case-law, on the subject at hand. The essence of good advocacy is to know the facts of your case, and then apply the law to those facts.
"When you argue a case in court, be clear and precise, not confused. Your mental output must flow. And for it to flow you must be well equipped and well prepared.
"Keep yourself informed and be up to date with all the reported judgments and decisions of the Supreme Court and of the high courts.
"In this way you will be useful to yourself if and when you are briefed in a case, or even when not briefed whilst watching someone argue in court, you could be helpful to him.”
(Source: Before Memory Fades: An Autobiography by Fali S Nariman)
Bapsi Contractor & another turning point in Fali S Nariman’s life
Nariman was an excellent conversationalist - a style that carried forward in his books. In his autobiography, Fali S Nariman has a chapter on Turning Points in My Life that begins with his marriage to Bapsi Contractor. Recounting a marriage invitation to Sir Jamshedji Tata, he recalls Jamshedji asking whom he was marrying and then recounting the history of the Contractors. He wrote, “He then mentioned that Bapsi's paternal grandfather had constructed Jamshedji Tata's Taj Mahal Hotel in Bombay (in 1903), and he had also built the Gateway of India. During the period when he (Kanga) was advocate general of Bombay for 13 years, he had heard the then viceroy of India (Lord Reading) declare open the Gateway of India (in 1924) and make laudatory remarks about Khan Sahib Sorabji Contractor. At this point of time, I can frankly tell you I am a long-married man - not to be confused with a much-married man! Bapsi and I celebrated our golden anniversary.”
Bapsi is known for her cookbooks, including A Gourmet's Handbook of Parsi Cuisine, Traditional Parsi Dishes, Cooking with Yogurt, and Microwave Cooking for Indian Palate. She died in 2020, at 89 years.
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