Nani Palkhivala was the greatest advocate that I had known. I had the good fortune to be his junior in several important cases. It was a joy to be briefed as his junior. His conferences were brief and concentrated, and marked by unfailing courtesy to juniors who were well prepared. For sheer advocacy Nani was unsurpassable. Clarity of thought coupled with precision and elegance of expression, impassioned plea for the cause he espoused, excellent court craft and ability to think on his legs rendered him an irresistible force. He was at his best in the Supreme Court in the Keshav Anand Bharti case in which he persuaded the apex court to hold that the power of amendment of the Constitution was not limited and cannot be exercised so as to damage its basic structure. I vividly remember the early morning conferences the two of us had those days in his room at the Oberoi Hotel. Both of us were in our pyjamas. At one such conference, I nervously suggested the argument about inherent limitations on the amending power based on certain articles in the US law journals. He grasped the point, but was not quite convinced. A few hours later in the Supreme Court, he expounded the doctrine brilliantly. Nani had a phenomenal memory. He could read passages from his favourite poems and prose pieces effortlessly from memory, one of them being Thomas Gray’s immortal Elegy Written in a Country Church-yard. I do not believe in reincarnation. But were I to accept it, there would be no doubt in my mind that Nani was the reincarnation of Macaulay. Indeed, he surpassed Macaulay as far as memory goes because Macaulay did not have to grapple with the intricate, complex details of the Finance Bill which he explained to thousands of his admirers in Bombay at the Brabourne Stadium who would throng to hear his budget speech. In addition to being an eminent lawyer, Nani Palkhivala was a prolific writer, the author of a classic book on Income-Tax, an economist, a diplomat, a thinker and a fine public speaker. His sincerity and commitment to spiritual values made him a moral force in our public life. The fearlessness with which he spoke out, whichever be the party in power, made him the Voice of Conscience of the Nation. And conscience for Nani was not an alibi but an ally, a constant anchor of his beliefs and actions. He kept the faith and held high the banner of Freedom and Rule of Law. In addition to law, literature was another bond between us. We enjoyed Shakespeare’s sonnets and the Victorian poets. Lamb, Chesterton, Lucas and A G Gardiner were our favourite essayists. And Dr Johnson was a constant source of reference. Philosophy was one of Nani’s loves. His knowledge of the works of Aurobindo was extraordinary and so was his devotion to Satya Sai Baba. Above all, Nani was a human being par excellence. Fame and fortune did not increase the hat size of the legendary Nani Palkhivala who was not born with a silver spoon. His genuine humility, total informality and lack of any pomposity or conceit were his endearing qualities. There was never a trace of arrogance in him. Nani had a lively sense of fun and humour and could laugh at himself. He was a wonderful host whether in his home in Bombay or in the embassy at Washington who had his eyes on all his guests. He was tender towards the bashful, gentle towards the distant, and merciful towards the absurd. Nani fulfilled Newman’s definition of a True Gentleman. Another outstanding human quality about Nani was that jealousy, or rather envy, the besetting sin, which cannot countenance the fame and success of others, never consumed him. Holier than thou attitude was alien to him. He was not the one to smile and shake your hand and thereafter stab you in the back. Backbiting and denigration of others was unknown to him. Kipling’s famous poem If contains a store of good advice which for ordinary mortals is difficult to practise in our crowded daily lives. But Nani was an extraordinary mortal who exemplified in his life at least two precepts of Kipling. He filled the unforgiving minute with more than sixty seconds worth of distance run and, what is more, he walked with kings yet lost not the common touch. He was no doubt a Man of all Seasons who bestrode the narrow world like a colossus. He was ailing for a long time. It was painful to see him unable to speak or recognize persons except occasionally in a momentary flash. He answered the Inevitable Summons from his Maker yesterday. It was a relief to him. But for me,his passing away is a deep personal loss. It leaves a void which will be very difficult to fill.
