Fali Nariman Was A Custodian Of Constitutional Values : Justice BR Gavai

Justice B.R. Gavai on Friday (December 06) delivered an address at the inaugural Fali Nariman Memorial Lecture, focusing on the theme 'Fali Nariman's Role in Shaping Constitutional Jurisprudence'.In his speech, Justice Gavai remarked that Fali S Nariman made an exemplary contribution to the legal profession through his steadfast commitment to justice. Justice Gavai said that Nariman was more than an eminent lawyer. He described him as a custodian of constitutional values, defender of justice and advocate for the rule of law. Justice Gavai remarked that the legacy of Mr. Nariman provides a lens to understand the larger role of lawyers in a constitutional democracy.He emphasized the role of lawyers in constitutional democracy and shaping constitutional discourse. He noted that beyond their formal role in the courtroom, lawyers serve as catalysts for social transformation by influencing public policy and drawing attention to pressing social issues.Justice Gavai noted that Mr. Nariman was part of a pioneering generation of lawyers who shaped India's legal system after the Constitution came into force. He said that this generation had an exceptional challenge of responsibility of interpreting and applying the law directly from the text of the Constitution. He expressed that their contributions were instrumental in transforming the Constitution into a living, dynamic framework of governance. Justice Gavai then discussed some important and landmark cases where Fali S Nariman appeared.He noted that Nariman appeared as a junior counsel in s Golaknath vs. State of Punjab, where he assisted senior counsel A. K. Sen and N. A. Palkhivala. Mentioning the Minerva Mills case, Justice Gavai pointed out that Nariman contributed to the team that firmly entrenched the doctrine of basic structure in India's constitutional jurisprudence. He asserted that Mr. Nariman was a staunch defender of the basic structure doctrine, arguing several cases that relied on this principle.Justice Gavai also expressed that Mr. Nariman was a staunch advocate for the independence of judiciary.He observed that Nariman's advocacy in the Second Judges Case, Third Judges Case and the NJAC judgment were instrumental in preserving the autonomy and independence of the judiciary in India.Justice Gavai further talked about Mr. Narima's role in cases involving fundamental rights of citizens. Referring to Air India v. Nergesh Meerza case, where Air India's guidelines of terminating services of air hostess after first pregnancy were challenged, Justice Gavai pointed out that despite appearing for Air India, Nariman convinced the management to do away with this arbitrary guideline.On rights of minorities, Justice Gavai remarked that Mr. Nariman was a steadfast advocate for secularism and minorities' rights. He mentioned Nariman's contribution to shaping India's constitutional jurisprudence on minority rights by appearing in cases such as Bijoe Emmanuel v. State of Kerala and T.M.A. Pai Foundation v. State of Karnataka. Justice Gavai commented that Mr. Nariman lived up to the spirit of the Constitution. He referenced Nariman's resignation as Additional Solicitor General of India after the imposition of emergency in June 1975. He noted that Nariman criticized the Supreme Court's controversial ADM Jabalpur ruling during the Emergency, calling it one of the Court's most deplorable judgments. He also referred to the the Karnataka-Tamil Nadu water dispute case, where Nariman represented Karnataka and told the Court he would not argue for the State until the Supreme Court's order to release water to Tamil Nadu was followed.Justice Gavai also mentioned Nariman's controversial decision to represent Union Carbide Corporation in the wake of Bhopal gas tragedy. He acknowledged that while Narimna's involvement in the case remains a controversial chapter, it also reflects the ethical complexities of legal practice, where personal conscience and professional duty often come into conflict.In the end, Justice Gavai commented that Mr. Nariman shaped public discourse through his role as a Member of the Rajya Sabha, writing books and articles, giving interviews on key issues and mentoring young members of the Bar and law students.

Fali Nariman Was A Custodian Of Constitutional Values : Justice BR Gavai

Sanjana Dadmi

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