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Renowned constitutional jurist Fali Sam Nariman, who left his imprint on the international legal scene with his profound wisdom, passed away in Delhi Wednesday. He was 95.
Sources close to the family told The Indian Express he died at around 1.15 am. He was not unwell and breathed his last in his sleep, they added.
Nariman is survived by his son and former Supreme Court judge Justice Rohinton Fali Nariman, daughter-in-law Sanaya, and daughter Anaheeta. His wife Bapsi Nariman passed away in 2020.
Solicitor General Tushar Mehta mourned the passing of Nariman and recalled the professional as well as personal rapport he had with the senior jurist.
“Not only the legal fraternity, but the nation has lost a towering figure of intellect and wisdom. The country has lost the epitome of what righteousness stood for. A doyen, paragon, and a legend in his lifetime, he has left us the jurisprudence enriched by his immense contribution. I have always learnt something new by merely appearing even against him,” said Mehta.
“Sharing the homemade buttermilk brought by me from my home in the Supreme Court corridors while he regaled all of us with many past anecdotes in Gujarati is a cherished memory for me though he used to come only on a few occasions in the last few years. His loving gesture of sending all the books written by him to me with his autograph will always remain a proud possession for me and even for the next generations,” he added.
“The legal fraternity is intellectually poorer today. Such intellectual giants do not die. They remain immortal through their contribution. There cannot be and will not be another Fali Nariman”.
In a statement issued by his son, daughter and daughter-in-law, they said: “We regret to inform you of the sad passing away of our dear father Mr. Fali S. Nariman, aged 95, early this Wednesday morning 21st February, 2024. Burial will be held at 10 am at Parsi Aramgah, Near Khan Market, New Delhi on Thursday. Uthamna (prayer meeting) will be at 4.00 pm at the Parsi Anjuman (Dharamsala) at Bahadur Shah Zafar Marg, Opp. Feroze Shah Kotla Stadium New Delhi on Thursday.”
Born in Rangoon (now Yangon) on January 10, 1929, to Sam Bariyamji Nariman and Banoo Nariman, Nariman studied in Shimla before his family moved to Bombay (now Mumbai). Nariman graduated in law from the Government Law College, Bombay, in 1950, and started his law practice at the Bombay High Court, the same year in which the Constitution came into effect in Independent India. In 1971, he became a Senior Advocate in the Supreme Court.
A junior of the veteran Jameshedji Behramji Kanga, Nariman practised in the Bombay High Court for 22 years before moving to Delhi. In 1971, he became a Senior Advocate in the Supreme Court. The next year, he was appointed the Additional Solicitor General of India by the then Congress government. However, two days after Emergency was imposed, Nariman, by his own admission despite being “Law Officer No 3” resigned from his post.
After that, while Nariman did not take up another government post, he spearheaded virtually every leading constitutional law case for the next two decades. For over seven decades, he had been among India’s most sought-after lawyers. Despite making few appearances, since 2020, his status and the long innings have earned him an enduring place as a lodestar.
He had been part of several landmark cases which paved the way for the evolution of Indian constitutional law. The late jurist also had his firm opinions on issues and his writings are a treasure house of wisdom.
His biggest imprint on constitutional law that continues today is found in the three cases that established and cemented the Collegium system of appointing judges — the 1993 Second Judges case; the Third Judges case in 1998, and the 2015 challenge to the National Judicial Appointments Commission (NJAC).
A firm believer in the independence of the judiciary, he led the charge against the National Judicial Appointments Commission Act saying it would “impede the independence of the judiciary”. He believed that the right to dissent was non-negotiable and essential to an effective democracy.
In 2012, his autobiography, Before Memory Fades, was published.
The nation honoured him with the Padma Bhushan in 1991 and Padma Vibhushan in 2007. He was also a nominated member of the Rajya Sabha from 1999 to 2005.
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