The passing of a nonagenarian is not widely mourned, but his friends, admirers and juniors felt that at 95 Fali S Nariman was gone too soon. The thinking of a generation of lawyers was shaped by the way this great counsel argued his cases as well as the issues he championed.
The legal landscape, shaped by his persuasive arguments and advocacy for crucial issues, mourns the passing of a leader of the Bar.
Nariman championed the court's authority to appoint judges, considering it vital for safeguarding judicial independence. Despite his pivotal role in shaping the Collegium, he did not shy away from criticizing its decisions.
In his writings, Nariman empha-sized the need for the judiciary to maintain its independence while advocating for a system of judicial accountability to assure citizens. In 1975, during the Emergency, he resigned as additional solicitor general in alignment with his conscience.
Nariman’s character stood out for its independence, unwavering integrity, and a staunch commitment to constitutional principles, setting a high standard for others to follow. His passing is particularly poignant at a time when dissenting voices face challenges in a shrinking space.
Throughout his long and impactful career, Nariman engaged deeply with the public sphere, especially during the formative years of India’s Constitution. His lifelong mission was to uphold consti-tutional principles, with a particular focus on the right to dissent in a diverse nation.
Notable for his aggressive and confident style as the leader of the Bar, Nariman’s charisma stemmed from a direct approach to the law. His commitment to secular values and liberal ideals left an indelible mark on modern India.
History will recognize Nariman’s contributions, including his role as a legal advisor to state govern-ments and politicians. Whether representing Karnataka in water disputes, Gujarat in the Narmada Rehabilitation case, or advising J. Jayalalitha, Nariman was the go-to legal expert. In his passing, the nation loses a public intellectual who fearlessly spoke his mind, followed his conscience, and acknowledged his mistakes. Fali S Nariman leaves behind a legacy where a gentle comment or anecdote illus-trated a larger truth, solidifying his impact on India’s legal and intellectual landscape.
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