Nani Palkhivala-The Gentle Colossus

V.Sudhish Pai

11 Dec 2022 4:08 AM GMT

  • Nani Palkhivala-The Gentle Colossus

    December 11 marks the 20th anniversary of the passing of the one and only Nani Palkhivala. It is appropriate to remember him and light his memory on this occasion. Lawyer, jurist, expert in constitutional law, public finance and taxation, educationist, diplomat and statesman, Nanabhoy Ardeshir Palkhivala was all this and more. His was a multi-splendoured life marked by integrity...

    December 11 marks the 20th anniversary of the passing of the one and only Nani Palkhivala. It is appropriate to remember him and light his memory on this occasion. Lawyer, jurist, expert in constitutional law, public finance and taxation, educationist, diplomat and statesman, Nanabhoy Ardeshir Palkhivala was all this and more. His was a multi-splendoured life marked by integrity and versatility. Very few are called upon to play such diverse and distinguished roles and fewer still acquit themselves with great distinction and dignity. Above all he was a great human being the like of whom we rarely see. He was verily the gentle colossus who strode our national scene in the second half of the twentieth century endeavouring to infuse character, values and commitment.

    If greatness consists in the combination of character and intellect and if it is to be judged by the lasting value of work done and the impact it has had on contemporary life and times, Palkhivala is certainly one of the all-time greats. He touched life at various points leaving his benign and indelible imprint. The range of his mind and the gamut of his activities and achievements are astounding. Truly, his is clarum et venerabile nomen- an illustrious and venerable name. Rajaji called him God's gift to India. To repeat the tribute Justice Krishna Iyer paid him: "To praise Palkhivala is to paint the lily, gild refined gold and throw a perfume on the jasmine; so perfect was the man in his personal and functional capacity."

    Nani Palkhivala, a household name in later years was born at Bombay on January 16, 1920 as the son of Shaherbanoo and Ardeshir Palkhivala. He was educated at the Proprietary High School, Master's Tutorial High School and St. Xavier's College, Bombay and took the M.A. Degree in English Literature in 1942. He studied law at the Government Law College, Bombay and passed out in 1944 standing First Class first in both the first and second LL.B examinations.

    He was a marked person from the beginning, one singled out by Destiny. As a student he was brilliant. Reading was his second nature. All that he read, he absorbed and retained. Even as a young boy, he made his own notes of everything he read. For a growing lad comics did not interest him; science, philosophy, art and literature did. As a child he suffered from a terrible stammer and later from a writer's cramp. He had a scribe for his law examination because of the writer's cramp which troubled him. When the question paper was given, Palkhivala was silent for a full ten minutes making the scribe wonder whether the examinee knew any answers. It would appear that he was absorbing the questions and contemplating on the answers. Thereafter began an outpour which overwhelmed the scribe. And the examiner who corrected the answer papers noted that the candidate knew much more than himself. Palkhivala, was, of course, too modest even to allow any reference to be made to that remark. Like everything he did in life he overcame the problems with grit and determination- the triumph of the human spirit. He became one of the most eloquent speakers and prolific writers. Clarity of thought and precision of expression marked by elegance were his hallmarks. 'When he spoke the air was still, the mute wonder lurked in men's ears to steal his sweet and honeyed sentences.'

    From his early years Palkhivala had a vision of his mission in life. The pursuit for excellence ran in the blood and was inculcated even at a tender age. Palkhivala said: I had learnt when I was young that one has to strive for excellence and there is no short cut to excellence. It is just sheer hard work, dedicated work and the desire to do your level best. He said that one thing he would recommend was poverty in young age which made one appreciate human values- like love at home.

    He started practice in 1944 joining the chambers of the legendary Sir Jamshedji Kanga, that renowned nursery of many great lawyers. He passed the Advocates (O.S) examination in 1946, standing first and securing the highest marks in every paper. His rise at the Bar was meteoric.

    He used to work out Kanga's opinions and the Senior was very happy with the quality of his work. On seeing the first opinion and on learning that it was for the first time that he was drafting an opinion, Kanga was very appreciative and encouraging. In a particular case Sir Jamshedji thoroughly read the opinion drafted by Nani and made an alteration only on one point. The solicitor was quite pleased but expressed his doubt on one issue- the point on which Kanga had made the alteration. And Kanga was gracious enough to tell the solicitor that the entire opinion had been prepared by Nani and only that alteration was made by him.

    When only 29 years old, Palkhivala produced a magnum opus: 'The Law and Practice of Income Tax', a model of precision, brevity and lucidity, typical of his exposition of law in the courts. He ascribed the co- authorship of the book to his venerable senior whom he worshipped, though everyone knew that the effort was entirely his own. The first edition came out in 1950. The text of the book revealed the intellectual. J.V. Fitzgerald, an eminent English lawyer reviewing it said: "To write about the complicated subject of income tax as clearly as the authors do is in itself an achievement and the welcome which the book deserves is heightened by the admirable English style in which it is written and by the occasional flashes of humour with which the learned and distinguished authors have enlivened this grim topic.'' The book went into several editions, becoming from the beginning a standard reference on the subject. Chief Justice Chagla, while hearing income tax references, referred to it as, 'the book'; and often when a ticklish question of law arose on which precedents were silent, he would ask, "What does the book say?

    Palkhivala's big break came very early in 1948-49 in P.V. Rao vs. Khushaldas Advani, (AIR 1949 Bom 277) a case under the infamous Bombay Land Requisition Act. Though he was only the junior counsel for the petitioner he had to reply to the arguments of the Advocate General for the respondent Government and he was told only the previous evening. He prepared himself frantically through the night. The next morning he presented entirely new arguments and was able to persuade the Court to issue a writ of certiorari against the State Government- the first of its kind in the country. At the end of the case Advocate General Amin told a grateful Nani, "I did not object to your presenting new arguments in your rejoinder because I could see you were building your career." It was a rare gesture of great grace. And what a career Palkhivala built! Quite early in his career, when the chamber next to Kanga's fell vacant Chief Justice Chagla gave it to Palkhivala 'a promising, upcoming advocate' and he shifted to his own chambers. Many did not like it then, but Chagla turned out to be right.

    He taught law at the Government Law College, Bombay. His students include many who attained positions of eminence. Fali Nariman says that Palkhivala not only made the students strive to know the law, but inculcated in them a love for law. Soli Sorabjee said that Palkhivala's class was one that they always looked forward to and wished would go on beyond the allotted time. He was also the Tagore Professor of Law at the Calcutta University in 1963 and the topic of his lecture was 'Salient Features and Structure of the Income Tax Law of India'. He was a member of First and Second Law Commissions. He represented India before various fora including the World Court in the Kutch-Sind border dispute between India and Pakistan and the case relating to Pakistani terrorists hijacking an Indian Airlines flight.

    His capacity to grasp a problem or see a point with lightning speed and to handle more than one case at a time with ease and with minimum preparation was amazing. There was discipline and promptitude in all that he did. Time was always usefully spent and not a minute was wasted. As he said of his senior Kanga, it is equally true of him that he had enough intellect to succeed without industry and industry enough to succeed without intellect. The combination carried all before him and made him unsurpassable.

    Gentle in manners, unfailingly deferential to court and faultlessly polite and courteous, Nani Palkhivala was grace personified. He was a great charmer who charmed everyone including his opponents and the judges. Great was his tenacity in pursuing a point. He was extremely polite, but firm. It is said that what distinguished Palkhivala were his clarity of mind, immense capacity for research and originality. He would never be ruffled. He never offended judges. He would not be upset if they failed to understand him; he would attempt to win them over. He had the unique ability to think on his feet. If any argument was wrong he would explain why it was so. If he felt that his well thought out arguments did not take him far, he would change rails with ease and finesse. He had no difficulty in changing his arguments on the spot. Palkhivala was totally detached. While professionally he gave his best there was no personal involvement.

    He had the courage of conviction. He lived according to his own light and heeded his inner voice. Emerson said: "To be a great man you must to be a non-conformist. It is easy in the world to live after the world's opinion; it is easy in solitude to live after your own, but the great man is he who in the midst of a crowd keeps with perfect sweetness the independence of solitude." None, perhaps, better fitted that vision.

    His proverbial memory, astute intellect and phenomenal industry are well known. He had no notes while arguing cases or delivering speeches including his Budget Speeches or the prestigious Tagore Law Lectures. It was the same when he appeared even before the International Court where he orally argued India's case from a carefully prepared text which was embedded in his phenomenal memory. He hardly marked or underlined anything in the briefs he argued. But it seems that he cultivated what may be called a 'short-term memory', perhaps deliberately blanking out from his mind factual details of the cases once they were over. This was possibly because 'his mind was a storehouse of apt quotations and statistics and he did not want to overburden his memory'. He could recite verbatim lines and passages from literary and other works and reel out facts and figures with exactitude and ease. To a question whether his fantastic memory was God given or cultivated, his instant reply was, 'It is mainly God given.' It was partly cultivated too.

    His analysis of the Budget proposals in the Finance Bill became a national event. From 1957 to 1994, he did it every year, to begin with in Bombay on a small scale. In later years his speeches on the Budget were on a much bigger scale and were organized in many other places also. The speeches were full of wit and humour and he reeled off facts, figures and statistics without a single note. It is not widely known that like in the case of Winston Churchill, these extempore speeches were preceded by laborious and extensive preparation. His speeches on the Budget were, perhaps, the only event in the world where talk on a dry and mysterious subject like taxation and economic policy attracted people from all walks of life and sufficient enough to fill a sports stadium!

    A typical conference with him would begin with a brief narration of facts by those instructing him and the relevant statutory provisions would be shown which he would study with deep concentration and amazing speed. The matter would be briefly discussed then and the brief left with him. A further conference would sometimes be held on the morning of the day when the case was on board or the previous evening. He would ask for the propositions and the legal submissions to be prepared which he would recast wherever necessary or dictate a fresh draft. When the decided cases were shown to him he would quickly glance through them and select a few, the citations of which he would note at the back of the brief. His mind absorbed all the information. He expected written notes from the juniors as that would be more precise and save time. When the case reached hearing he would address the court in his inimitable style. His basics were very strong; and his facility for words and felicity of expression carried the day.

    In all his legal battles, Palkhivala had a clear and consistent strategy. He would deeply analyze the facts, compartmentalize the legal issues and on that basis would formulate the propositions that he wanted the court to accept. This intellectual ability with gifted and persuasive advocacy worked as magic and did wonders over the years, whether it was the Supreme Court or the High Courts or Tribunals all over India. His advocacy was extremely convincing, based on respect for the court and devoid of any arrogance and more importantly, administered firmly but with humility. "In the all powerful legal armoury of Mr. Palkhivala, full presence of mind coupled with fastest reflexes resulting in complete control over the on goings in court constituted the main weapons. In the courts, he was 'full concentration' in the ultimate and detested any intervention unless he himself asked a question. He never forgot to mention any point or argument that needed to be made. He always remembered to ornament his legal propositions with fine literary gems and illustrative examples which easily made obvious what he said."

    It is said that Palkhivala's arguments in the court were mercilessly intellectual; on big occasions they were also sometimes spiritual. To a question posed by a judge to corner him, he would, without a moment's thought, come out with 'there are four answers' or 'there are five answers.' His brother Behram Palkhivala once asked him how it was possible, even for a man of his intellect, to do that. Behram says: 'He gestured, stretching out his right hand and bringing it back with open fingers towards his head, and said, "I see them coming to me." When the brother asked: "All of them together?" he would say yes. A Supreme Court Judge once told Palkhivala at a private function: "I have now decided never to put such a question to you. Because, whenever I do, you straightaway reply; "there are five answers" or "there are six answers" and I am made to look so small in open court." It was, of course, said in a lighter vein. But the message was clear.

    Palkhivala appeared in and argued many landmark cases and helped shape the development and moulding of law in its various aspects, particularly in tax law and constitutional law. In Gopalan's case (AIR 1950 SC 27) giving a narrow interpretation to the concept of personal liberty it was held that the freedoms guaranteed by Art 19 were unconnected with Art 21. The mischief of this decision was laid at rest in the Bank Nationalisation case (AIR 1970 SC 564) which Palkhivala argued when the Court held that the various freedoms were not mutually exclusive. This paved the way for great strides in the development of our constitutional law. It was his signal contribution in that behalf. His best performance and achievement was in the Kesavananda Bharati case (AIR 1973 SC 1461) where he successfully enunciated the doctrine of the basic structure of the Constitution and its unamendability. The power to amend the Constitution cannot carry with it the power to destroy its essential features is, in brief, the arch of the theory of the basic structure.

    Kesavananda Bharati case is a milestone in our constitutional history and jurisprudence as also in Palkhivala's life and professional career. It is believed that if he had won only this case in his entire career he would still be remembered as one who rendered the greatest service in upholding the Constitution. The amount and quality of the preparation that went into the case was indeed stupendous and unparalleled. The hearing of that case was the longest by the largest Bench that ever sat anywhere in the world and rendered the longest judgement. The hotel room was lined with books-Constitutions across the globe were referred. Soli Sorabjee who was with Palkhivala in the case remembered the early morning conferences in 'pyjamas' and delving into mountainous material including volumes of the Constituent Assembly Debates to prepare 'short notes' for Nani who did not like long and verbose submissions.

    To a query by Justice Dwivedi as to whether judges should identify or determine the essential features of the Constitution by hunch or intuition, Palkhivala's instant reply was, 'Not by hunch or intuition Your Lordship, but by judicial perception.' And in Minerva Mills case (AIR 1980 SC 1789) where the doctrine was reiterated and applied, Nani, in response to Justice Untwalia's denunciation of socialism, almost shouted, "Not even a lunatic would ever dream of jumping across the wall from West Berlin to East Berlin."

    His magnificent contribution to our nation and humankind was nurturing and defending the spirit of liberty and fostering a culture of constitutionalism. It is his deep love for and commitment to liberty that animated his entire life and work. It is this that took him to free enterprise, for, it is liberty that facilitates the full flowering of the human personality and brings out the best in man. It is again this which made him campaign for saner, simpler and less harsh tax laws. That again saw him, by some divine intervention as he himself said, not accepting the Attorney Generalship and enabled him to espouse the cause of the people in the watershed cases –Bank Nationalization, Privy Purses and Fundamental Rights - which he passionately fought for the citizen against the Government and which moulded the constitutional law of India.

    He believed and emphasized that the Constitution represents a charter of power granted by liberties and not a charter of liberty granted by power. Constitutionalism and the rule of law facilitate a democratic system by creating an orderly framework within which political decisions are made. Democracy is not only a charter of liberty but also a warrant of duty. As Palkhivala said the right to dissent is conferred by the Constitution, the duty to dissent is dictated by the realization that in a democracy citizens have to practise obedience to the unenforceable. Discussion and dissent are the life breath of democracy. That cannot be suppressed. But no democracy can afford or support violence. Violent protest is a negation of democracy. The right to protest entails the duty to listen to other voices and shun any rigidity or intolerance. Otherwise, as Palkhivala warned, democracy would degenerate into mobocracy which gives the crown to the mob with the loudest voices, the biggest sticks and the readiest fists.

    He represented the best and noble traditions of the Bar. He was respectful but fearless. Courage goes all the way. His appearance and argument in the Supreme Court in November 1975 to dissuade the Court from reconsidering the Kesavananda Bharati decision is ample evidence of these qualities. He was at his forensic best. Justice Khanna says that Palkhivala's performance in that case and the heights of eloquence to which he rose have rarely been equalled and never surpassed. He was 'a defender of constitutional liberties, a champion of human rights, who gave generously and unsparingly of himself and his talents to the nation. He lived his principles in weather both fair and foul, especially during the Emergency when under the shadow of near tyranny, at great risk and cost, he raised the torch of freedom.'

    Milton's words would truthfully apply to him both as a man and a lawyer: ….Unmoved, / Unshaken, unseduced, unterrified, / His loyalty he kept, his love, his zeal, / Nor number, nor example, with him wrought / To swerve from truth or change his constant mind.

    It is important to note that in spite of his opposition to various governmental measures Palkhivala always wanted his clients and the citizens to obey the law. And he was particular that professionals like the lawyers inculcate that spirit of adherence. Referring to tax evasion in various forms like the creation of dummy assesses, he said: "Now, this kind of thing is very reprehensible, and if a professional man was to be a party to it, frankly, I would be surprised if he can sleep well at night. There are some limits beyond which you cannot do damage to your country...........A nation's strength lies not so much in its wealth as in character. A nation with a future has to be a nation with character. It is when character saps that you have the phenomenon of widespread evasion." As a counsel- a stickler for finer points- Palkhivala reminded lawyers that the plural of counsel is also counsel and not counsels; and said it was his function not merely to tell his client what the law was, but to advise the client. 'This is why we are called counsel and not merely advocates. In fact, it is the duty of all professional men not only to tell the client what the law is, but to advise him correctly as to what he has to do in a given set of circumstances.' He went on to add, 'You will be surprised how much you can influence the client by proper, competent advice.' He urged that lawyers should fulfil their legitimate role in national life which is well beyond looking to their self interest and keep in mind the interest of the system of administration of justice.

    One of his foremost qualities was his sense of integrity. In the Income Tax Department, for instance, he was respected at all levels not only because of his mastery of the law and practice of income tax and his outstanding success in that field, but also because of his personal integrity. It was well known that he never accepted any professional payment without issuing a receipt and his income tax returns truly reflected his income which was deemed to be fabulous. While he was highly critical of the extortionate tax rates and governmental policy, Palkhivala recorded his income fully and never deviated from the law in fulfilling his tax obligations. He, perhaps, fully believed in and practised the Holmesian dictum: "I like to pay taxes. With them I buy civilization."

    His advice was whenever there is something important, forget everything else and concentrate on it. That way it is easy to tackle any problem. One of the things that he advised was to avoid taking conflicting work. He said there is a simple formula which it is difficult to implement. Just say 'no' and stick to it. It was his lament that "the Bar is more commercialised than ever before. Today the law is looked upon not as a learned profession but as a lucrative one." He emphasised that it was necessary to educate our lawyers better and not to produce "unethical illiterates in our law colleges who have no notion of what public good is."

    As he always said a great but rare human quality is intellectual integrity- that is the matching of one's thoughts, words and deeds- speaking in support of what you believe in and acting on it without bothering whether others support the view and whether it draws praise or blame. He was always willing to be corrected if he was shown to be wrong. "The greater the genius, the more simple and common the man,'' said Einstein. Palkhivala's life and the way he conducted himself bear testimony to that. As Nani's brother and his junior at the Bar, I had occasions aplenty to watch the genius and the man walk hand in hand, remarked his brother Behram.

    Palkhivala was a very fast reader, having developed his own technique of rapid reading which over the years he perfected as an art. When papers were placed before him, he would quickly glance through them and absorb the contents. If he stopped at any page, it meant he was memorising it. He could read a full page in a few seconds and go through a book in record time without missing out on anything relevant or important. He could easily finish more than two to three books in a day. And all that he read was fully assimilated and fixed in memory. It is said that he would hold a newspaper wide open, his eyes travelling over it, then he would cut the articles he wanted to keep. He would have read the entire paper.

    Once during his visit o Britain the legal fraternity in Edinburgh arranged an address by Palkhivala which was widely attended and went off very well. He spoke on why Britain should have a written constitution. It was, of course, extempore as always and very impressive. He promised to have it dictated and sent to the Law Society. That copy matched the speech to the last word- yet another proof of his prodigious memory. There was a dinner in the night followed by a reading of Thomas Carlyle's Letters. Palkhivala a great admirer of Carlyle and well acquainted with his works kept the audience spellbound with a discourse on Carlyle's style. Listening to him the Scots were surprised that one who was only a lawyer and that too an Indian could speak so well and so knowledgeably about Carlyle.

    The story of his life and work are widely known. But what that bare story cannot and does not reflect are the great qualities of his head and heart which he never wore up his sleeve and which endeared him to all who came to know him. "Blessed is he who has found his work; let him ask for no other blessedness." He believed in and lived by this. Pleasures did not please him. He found his rest and relaxation in his work. His relaxation in his earlier days was violin, fretwork, palmistry, sketching and painting and photography. He did not believe in extra leisure and waste of time. He never joined gossip. He was dead serious. Fali Nariman says that Nani was the chap who would be wound up in the morning only to be unwound at night.

    Another great quality was his loyalty and gratitude to others, particularly those who were of help to him. So was his readiness and willingness to help persons in need without any show or publicity. It can be said that for him life was a one way street in which he considered that he had to fulfil his obligations to others without ever seeking anything for himself.

    As a man simple in his tastes and habits and without pretence, he was free from rancour, bitterness and resentment. He did not speak ill of anyone and if someone said something nasty about him he would not take it ill. He hardly spoke about himself except in those contexts when he was asked to say something. Humility raises one to the highest point of sublimity, said Emerson. Palkhivala was the standing example. His generosity was legendary, his humility all powering. When he was asked how he could remain so humble, his answer was, 'I was always aware of my own limitations.' The juniors who appeared with him would testify to this. Before fixing a conference, he, so hard pressed for time, would enquire about the convenience of the junior who had all the time at his disposal. His conferences were brief and to the point. A man with incredible ability to pick up points in a flash, during the conference he would listen with patience and respect to whatever the junior had to say. Late at night after the conference, Palkhivala himself would drive home the junior. His little nameless well-remembered acts of kindness and of love can fill pages. Palkhivala recalled that once when he was very young about two years old- he was about to help himself to a bowl of almonds when his father reminded him of the poor orphan next door and he immediately handed over the entire bowl to that boy. The incident made a deep impression on him and he treasured that lesson.

    He was a rare combination of greatness and goodness. He practised what he preached and led a life of sterling character and commitment to values. It is given to very few to attain all that he did and yet remain detached and untouched by it. He believed and said that fame is a vapour, popularity an accident, riches take wings; only one thing endures-character. His simplicity reminds us of the man in Dostoevsky's Brothers Karamazov who used to ask the birds to forgive him. He shared with Dante the view that those who are sad under the blessed sunlight deserve to be condemned to the Stygian marsh. For many years to come, memory will hold back the door and people who were fortunate to come into contact with him will recall his great qualities- his majestic magnanimity, his unfeigned simplicity, his transparent sincerity and graciousness- that made him a rare and unique person.

    Palkhivala was deeply religious and spiritual in the true sense of those words. He was proud of India's great heritage. He was an ardent believer in God and of our being mere instruments in His grand plan. He had an intense longing for spiritual knowledge–he spoke of the questing spirit of man, soaring through the unchartered dimension of human experience and searching for the reality of the Ultimate Truth. He always listened to the inner voice before taking any decision in his life. In the late fifties he was offered judgeship of the Supreme Court directly from the Bar. If he had accepted he would have had the longest tenure as a Judge of the Supreme Court and Chief Justice of India. But he declined the honour in response to his inner voice. Similarly he declined the office of the Attorney General for India for the same reason. The only position he accepted was to be India's Ambassador to the United States. But he was above all positions and his declining to hold any office enabled him, almost single-handedly, to save our Constitution.

    A number of honours came his way. He neither sought nor avoided anything. His approach to life may be summed up in his own words. "I believe in the profound truth – pessimism of the intelligence, optimism of the will! I have found that there is some guidance somewhere available to you, if only you are sincere and honest in what you are doing. At many critical stages in my life, my own mind decided upon certain things; then something else worked and I was deflected from what I had decided upon. And I find, in retrospect, that every single time my own intelligence proved wrong, the unconscious guidance I received was right. So I just take life as it comes. I continue to do my work and devoutly trust that I shall be guided to spend in the most useful way whatever years remain for me." Two of Palkhivala's favourite poems were Rudyard Kipling's 'If' and Theodore Tilton's 'Even This Shall Pass Away.' He wanted people to remember it because it had an important message that even if you are at the top of the world today, that too shall pass away. And as Kipling said he truly 'filled the unforgiving minute with sixty seconds (or even more) worth of distance run' and 'he walked with kings yet lost not the common touch'.

    By the turn of the century everything was slipping away and the inevitable happened. Palkhivala passed away full of years and honours on December 11, 2002. No man could, perhaps, have asked for more. Destiny kindly added years to his life, he wisely added life to his years. No Indian lawyer has matched his versatility or his achievements. He had once remarked that while we all join the profession to do well, we must be able to say that we stayed in the profession to do good. He would have had the enormous satisfaction that he stayed in the profession for long and did immense good.

    Being with him was being in the presence of greatness. I can testify to this from my personal experience. One felt the vibrations of greatness and goodness that he radiated. I came to know him and was in contact with him since my student days even before I joined the law course. In response to my first letter to him (when we had not even met and I was a fledgling postgraduate student) in which I asked some questions relating to the Constitution, he promptly wrote me a beautiful letter and sent me a copy of his book 'Our Constitution Defaced and Defiled' with his best wishes and signature inscribed. My meetings and interactions with him were always enlightening and inspiring. I treasure those experiences and memories.

    Paying an obituary tribute to Sir Asutosh Mookerjee on his demise, the Calcutta Law Journal regretfully wrote that "Nature which had showered so many blessings and gifts on him failed to clothe his mortal frame with physical immortality …" Much the same can be said of Palkhivala too. But then to live in the minds and hearts of those you leave behind is not to die. His life and work will continue to inspire us. It will touch other peoples' lives and stir them to speech and action.

    Palkhivala was undoubtedly a thought-leader, a path finder, the profundity of his thoughts being matched by the inimitable precision and elegance of his expression. The final picture of Nani Palkhivala that emerges is of a person in this world but hardly of the world, supremely gifted, unspoilt by success or wealth, emotional, warm and generous to a fault and deeply spiritual transcending all religious, geographical and linguistic boundaries- indeed a precious specimen of mankind.

    Every effort to inculcate in the citizens a sense of national identity, an awareness of one's rights and a commitment to one's duties would be a fitting tribute to the sacred memory of Palkhivala.

    It is said that the greatest tribute you can pay a man is to emulate him and live by his ideals, carry forward his legacy and be true inheritors of the great heritage. But as Andhyarujina once said people may try to emulate Palkhivala but they must fail because Nani was an artiste and it can be said of him as was said of Beethoven: 'He traversed all, he comprehended everything. He who follows him cannot continue, he must begin anew, for his predecessor ended only where art ends.'

    Nani Palkhivala was a pilgrim of eternity. He belonged to the class of the choice few who make things happen. Seldom has so much been packed into one human life as his and it was so very distinguished, inspiring and ennobling. He watched while others slept and saw the stars which do not see the sun. Carlyle in his French Revolution describing the battle of Valmy notes the presence of Goethe:"One of the sort called Immortal, him mark." This applies to none more aptly than Nani Palkhivala.



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