Revered As Bhishma Pitamah By Indian Legal Community: Remembering Fali S. Nariman Before Memory Fades

ss“Our arrival in New Delhi marked the first turning point in my life - landing as a refugee from Burma, uprooted from hearth and home...”

“Our arrival in New Delhi marked the first turning point in my life - landing as a refugee from Burma, uprooted from hearth and home,” said Fali S. Nariman in his autobiography Before Memory Fades by Hay House Publishers.

Image courtesy: Before Memory Fades, Hay House Publishers

Nariman was born on the tenth day of January 1929 at the General Hospital in faraway Rangoon (now Yangon, a part of the then British India).  Nariman fondly described his childhood as "a cloudlessly happy one," nurtured by his Parsi parents' love as their cherished only child, 'Baba'.

The situation changed dramatically in December 1941, when he was 12 years old. It was then that the Japanese bombed Rangoon, subsequently invading and rapidly overtaking Burma— a turning point in his life that led to his journey to New Delhi and beyond.

A student of the Bishop Cotton School in Shimla to St. Xavier's College, Mumbai, Nariman pursued a BA in Economics and History before attaining legal education at the Government Law College, Mumbai.

In 1951, Nariman joined the ever-revered chambers of Sir Jamshedji B. Kanga. In his honour he writes in his book, “Naming lawyers - great and famous, and yet so different - remind me that when you mention a famous race horse, they always ask you, 'From which stable?' The stable is important. It establishes the ancestry and the breed. When you name a lawyer who has done well, people ask: 'From which chamber?' The chamber is important. It establishes the hierarchy and cultural tradition in which the lawyer has been reared. We who started our careers in Kanga's chamber were and are always proud to have belonged to it. Its leader was its most humble member.”

When you mention a famous race horse, they always ask you, 'From which stable?' The stable is important. It establishes the ancestry and the breed. When you name a lawyer who has done well, people ask: 'From which chamber?' The chamber is important. It establishes the hierarchy and cultural tradition in which the lawyer has been reared. We who started our careers in Kanga's chamber were and are always proud to have belonged to it.

Image courtesy: Before Memory Fades, Hay House Publishers

Such was the legacy of Fali S. Nariman as well. Nariman's legal career was marked by his appointment as a Senior Advocate in the Supreme Court of India in 1971, after 22 years of practice in the Bombay High Court. His role as Additional Solicitor General of India from May 1972 to June 1975 was pivotal, especially as he resigned following the declaration of Emergency in June 1975, demonstrating his principles and dedication to legal integrity. Nariman's involvement in landmark cases, including the infamous Bhopal Gas disaster and significant constitutional cases like Golaknath and S.P. Gupta, underscored his legal acumen and commitment to justice.

His accolades, including the Padma Bhushan in 1991 and the Padma Vibhushan in 2007, reflect the government's recognition of his invaluable contributions to law and society. The Gruber Prize for Justice in 2002 further acknowledged his global impact on justice and legal excellence.

Nariman's influence extended beyond the courtroom; he was a nominated member of the Rajya Sabha from 1999 to 2005, and held prestigious positions in various international legal organizations, advocating for legal reform and accountability. His advocacy for transparent judicial appointments underscored his commitment to a fair and unbiased legal system.

Personal life was as rich and fulfilling as his professional journey; married to Bapsi F. Nariman since 1955, the couple raised a family in New Delhi, with their son Rohinton Nariman following in his father's legal footsteps to become a Supreme Court Judge and Solicitor General of India.

Fali Nariman's legacy, immortalized in his autobiography "Before Memory Fades," continues to inspire generations of lawyers and jurists. His passing on 21 February 2024, at the age of 95, marked the end of an era but the everlasting impact of his contributions to Indian and international law will remain a beacon of excellence and integrity.

His passing on 21 February 2024, at the age of 95, marked the end of an era but the everlasting impact of his contributions to Indian and international law will remain a beacon of excellence and integrity.

References: Fali S. Nariman, Before Memory Fades, An Autobiography published by Hay House Publishers (India) Pvt. Ltd. and Wikipedia