New Delhi: Renowned Jurist and Constitutional Lawyer Fali S Nariman passed away Wednesday February 21, 2024. He was 95.
A strong supporter of Civil Liberties and Secularism, Nariman was a distinguished public voice whose critical opinions about judicial developments carried much weight.
Fali S Nariman had been associated with several landmark cases, including the famous National Judicial Appointments Commission (NJAC) verdict, during his long career as a lawyer.
Fali Nariman also appeared in the important Supreme Court Advocates on Record (AoR) Association vs Union of India, 1993 case - which ultimately led to the intorduction of collegium system, T.M.A. Pai case relating to the scope of minority rights under Article 30 and others.
Nariman was also one from the few among the legal fraternity who had criticised the SC Judgement on Article 370 case.
The State of Jammu and Kashmir was granted Special Status under the Article 370. The Narendra Modi abolished it in August 2019. The government’s decision was challenged in the Supreme Court. The SC however upheld the government’s decision.
Fali S Nariman was born on January 10, 1929 in Rangoon to Parsi parents Sam Bariyamji Nariman and Banoo Nariman. Fali did early schooling in Shimla and completed graduation from Government Law College, Mumbai.
He started practice as a lawyer at the Bombay High Court. He was appointed as a Senior Advocate in the Supreme Court of India in 1971. His son, Rohinton Nariman, was a judge of the Supreme Court.
In June 1975, he resigned as the Additional Solicitor General of India to protest against the decision of the Indira Gandhi government to declare Emergency.
Fali S Nariman was awarded Padma Bhushan in 1991 and Padma Vibhushan in 2007 and Gruber Prize for Justice (2002). He was a nominated member of the Rajya Sabha, the Upper House of the Indian Parliament, from 1999–2005.
Condolence messages are pouring in after the demise of Fali S Nariman. Prime Minister Modi called Fali S Nariman 'one among the most outstanding legal minds and intellectuals' and said he is pained by his death.
"Shri Fali Nariman Ji was among the most outstanding legal minds and intellectuals. He devoted his life to making justice accessible to common citizens. I am pained by his passing away. My thoughts are with his family and admirers", he wrote in his condolence message.
In his condolence message, Congress President Mallikarjun Kharge termed Fali Nariman's death "a huge loss to the legal system".
"The passing away of eminent jurist, senior advocate, and a fierce votary of Constitutional Civil Liberties, Fali S Nariman is a huge loss to the legal system. A Padma Vibhushan recipient, his unwavering commitment to his principles remained steadfast and admirable. My deepest condolences to his family, friends and compatriots. May his soul rest in peace", Kharge wrote.
Senior Congress leader and Wayanad MP Rahul Gandhi remembered the contributions of Fali S Nariman following his death and also said he was an inspiration for jurists.
"His contributions have not only shaped landmark cases, but have also inspired generations of jurists to uphold the sanctity of our Constitution and civil liberties. May his commitment to justice and fairness continue to guide us, even in his absence", Rahul wrote.
Condoling the death of Fali Nariman, Faizan Mustafa, academic and legal scholar, wrote:
"Nation’s legendary conscience keeper Fali Nariman who had resigned as ASG on the imposition of emergency in 1975 is no more with us. He never hesitated in criticising even the SC. It is a huge loss for the legal fraternity. May God rest his soul in peace."
In his condolence message, Delhi Chief Minister Arvind Kejriwal wrote:
"Shocked to learn that eminent jurist and distinguished constitutional lawyer Shri Fali Nariman has passed away. His wisdom was one of the building blocks of our nation's legal system. His demise is a huge loss, but his legacy will remain immortalised in the hearts and minds of all Indians. His works will continue to inspire us."
According to senior SC Lawyer Prashnat Bhushan, Nariman was active till he breathed his last. Bhushan also shared on social media Nariman had sent to him just five days ago.
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