Justice. Fali S. Nariman: The Solitaire behind the Radiance of the Indian Judiciary

“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.”

This was one of the final desires of Justice. Fali S. Nariman, when he would bid goodbye to this world one last time, quoted from his autobiography, ‘Before Memory Fades.’ Whether his wish was fulfilled or not, remains a question. The world bid adieu to the noble and eminent jurist aged 95 years, on 21 February 2024.

He was finalising his written submissions in an impending Constitution Bench case the previous night. 95 is just a number and there is no better man among men than Justice. Fali S. Nariman who has proved it to the nation.

The arguments of the constitutional lawyer constitute a fundamental indispensable part of the character of the Indian Judiciary and left an indelible mark on the values and principles that is reflected via its decisions.

LESSONS THE LEGEND HAS LEFT FOR US:

His presence and profession inside the judiciary was a tool for him to constantly reinforce the ideals of fairness, honesty, transparency and justice. His interviews and public discussions exemplified that he was fair and square, such as the ones with India’s acclaimed Journalist Karan Thapar and Bar and Bench which left the nation transfixed. The aforementioned ideals were his guiding lights throughout his lifetime which aided him in reforming the very fundamentals of the Indian Judiciary.

He is the only jurist in India who left an astonishing ineffaceable imprint in the annals of the history of the Indian democracy, by resigning from the esteemed office of the Solicitor General of the Country, handing over his one-line resignation letter in 1975. His trepidating but crucial decision against the emergency promulgated by the Indira Gandhi-led government in the same year mirrored his advocacy for the freedom of the press.

His famous statements on this include: “that the Press must serve the governed, not those who govern”. 

He was an epitome of resilience when it came to criticisms and judicial roadblocks, if not an ocean. Representing Union Carbide in the Bhopal Gas Tragedy Case was indeed, a major blow to him in his entire career. His name was already equated to an unbeatable title back then, and this stirred a huge controversy, questioning his very integrity on the outside. It left a profound visceral impact on him, but he embraced it as a lesson and painted the rest without leaving the canvas empty, for us to see and remember.

His attitude is an inspiring memory to many, because to him, it wasn’t about the person he was opposing, but their actions and consequences which could affect others. His career of 70 years in a nutshell would be ‘serving as a watchdog of the Indian Constitution and its people till his death’.

A beacon of humility and perisistence, Justice. Fali S. Nariman personified the answer to the question ‘ Well I did this. What can I do next to preserve and sustain democracy?’

Justice. Fali S. Nariman is many people with many ideals unified in the mind of a single human. Painting a pen-portrait of this legend will not cease even when all the water in the pacific ocean is drawn.

His departure is a vital reminder to the Indian Judiciary and the future legal luminaries that he shall live through the legal fraternity, by holding on to and continuing to stand for what he did, resonating from the title of his book ‘God Save the Supreme Court!‘.