Fali Sam Nariman was the conscience keeper of the Constitution. That’s the role that fell upon him in an unparalleled sterling legal career which commenced in the year 1950.
For him, constitutional morality and constitutional democracy was everything. He was an indefatigable warrior forever ready to protect and preserve, not just the Constitution, but its values. This was his paramount purpose in life. That is the role, which as I said, fell upon him and also a role for which he had unbounded energy. He fought battle after battle in court, spoke and wrote extensively and never shied away from any debate in the media to preserve and protect our precious heritage, which is our constitutional democracy.
He understood that for a constitutional democracy an independent judiciary was a must. He was clear that the National Judicial Appointments Commission Act, 2014 posed the most serious threat to the independence of judiciary which would have an everlasting adverse impact on India’s Constitution. I remember seeing him from the closest quarter possible arguing against the NJAC Act before the Constitution Bench of the Supreme Court.
Not a point was missed, not an argument overlooked, not a judgment discarded without analysis. I was witnessing the relentless working of the sharpest of the legal minds in our living memory, leaving no stone unturned to protect the independence of the judiciary. Before I was to address the Constitution Bench, he told me to read out the provisions of the UK’s Constitution Amendment Act 2005 which endorsed judicial Independence. It came as both an astounding revelation and a most humbling experience that he had not just read and mastered his own brief, but had read and culled out the most important points in my brief as well.
There was another remarkable side of Fali. Despite the pressures of his court work, he would sit in the lunchroom of the Supreme Court and eat his modest lunch lovingly made by his wife Bapsi. During the course of him nibbling his lunch, he would provoke a fascinating debate at the lunch table, regale lawyers with anecdotes, memories and quotes. Some of us lawyers used to lovingly call him “The Pope”, an expression I did not like. I would have preferred to call him the “Pontiff of the Constitution”.
It is difficult having seen Fali so closely to convey to the reader, the man he was. No amount of words can describe his pulsating energy, his endless enthusiasm to protect fundamental rights. I personally remember Fali taking pains to come for both my book launches – those were books on judicial appointments and judicial independence – both topics very close to his heart. Fali, despite his busy schedule, turned up because for him independence of the judiciary was critical for any functioning constitutional democracy and he felt a pressing need to educate others on this aspect of our Republic.
As I pen this article, I can see snippets of files on social media showing his interviews with various anchors in recent months. I also see on Twitter, a letter written to Prashant Bhushan on winning the matter before the Constitution Bench on the electoral bond issue. It is important to remember that Fali was 95 and he was battle ready for any important issue in court or in the media. And he never failed to praise the next generation of lawyers emulating the work he had trailblazed.
This is why I said it is impossible for words to measure the man who was a constitutionalist, a humanist, an Indian to the core, and the patriot forever ready to protect the fundamental values which made this nation. As memories mingle with the moistness of my eyes, I can only repeat what Shakespeare said:
“His life was gentle, and the elements so mixed in him, that nature might stand up. And say to all the world, This was a man”.
Forever, a champion for human liberties, he wrote a poignant letter to Prashant Bhushan, just five days back where he concluded thus:
“I do hope that this will enable the Supreme Court – at some point in future – to strike down the no-bail-for-now provision in recently enacted laws. Meanwhile, I wish you more grease to your elbow”.
That was Fali speaking not just to Prashant Bhushan, but to the next generation of lawyers and judges exhorting them to protect human liberties.
“Till memory fades” Dear Fali, you will always remain in our hearts.
Santosh Paul is Senior Advocate, Supreme Court of India. He is the author of `Choosing Hammurabi: Debates on Judicial Appointments’ (LexisNexis), `Appointing our Judges: Forging Independence and Accountability’ (LexisNexis) and `The Maoist Movement in India: Perspectives and Counter Perspectives’ (Routledge). Views are personal, and do not represent the stand of this publication.
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