logo
Beyond the Courtroom: Fali Nariman's legal legacy

Beyond the Courtroom: Fali Nariman's legal legacy

Indian Express25-04-2025

'The characteristic features of Indian culture have long been a search for ultimate verities and the concomitant disciple-guru relationship' – these are the first words of Autobiography of a Yogi written by Indian spiritual leader Paramahansa Yogananda, originally published in 1946.
Close to eight decades later, a manifestation of these very words came to public notice in the relationship between the late Fali S. Nariman, a towering figure in Indian Jurisprudence and Subhash Sharma, his trusted lieutenant for nearly 40 years.
In fact, Sharma had read out a 1952 speech of Yogananda to Nariman five hours before the eminent lawyer breathed his last on February 21 last year. 'I started crying after reading the speech…looking at me, Fali started weeping too,' Sharma told The Indian Express.
Months after his death, Sharma meticulously curated a book with a selection of Nariman's most influential speeches.
'Beyond the Courtroom' showcases the vast breadth and depth of Nariman's constitutional expertise through his illuminating lectures and articles. It even goes a step further outlining the jurists views on the state of Indian Democracy. From making arguments on why a new constitution is impossible today, to stating why a strong opposition is needed for the betterment of democracy, this book covers a wide range of subjects.
'The first lesson about written constitutions is that they don't function on their own. A special effort must be made by their custodians – those entrusted with their functioning – to work them,' reads a chapter titled 'The Silences in our Constitutional Law'.
This chapter stood out as it speaks about how the Silences of the constitution were interpreted and in turn its provisions broadened by the Judiciary. This reinterpretation, argued Nariman, has made the document a 'dynamic, living' one.
Nariman speaks about the evolution of Article 368 of the constitution (power of Parliament to amend constitution) to drive home the point of the dynamism of the constitution and bringing to the fore the tussle between the Parliament and the Judiciary.
He begins with how within a year of the constitution being brought into force, the Parliament passed the first amendment of the Constitution which dispensed with the payment of compensation for taking over large estates (zamindaries). Article 31A and 31B were introduced which provided that legislations for agrarian or land reforms were outside the protection of the fundamental right to property. 'Article 31 B was an innovation,' says Nariman, as it protected enactments included in the ninth schedule of the constitution from being declared void on the basis of infringement of fundamental rights.
In 1971, he points out, came more amendments, all meant to further limit the power of the constitution and increase that of the parliament by limiting which laws Courts could declare void if passed in contravention of fundamental rights.
Nariman traces the history of this tussle all the way to the Basic Structure Doctrine in 1973 where it was finally decided by a 13 judge bench held that the power of the Parliament to amend the Constitution couldn't alter its 'basic structure'. In the next chapter Nariman says: '…the only final interpreter of the Constitution is the judiciary' pointing out the active role that he feels judges must play in bringing life to the document.
Divided into five sections (Nation, Judiciary, Constitution, Law and Arbitration), the book also offers advice for young lawyers, tackles ethical questions and is sprinkled with quips throughout – usually towards the end of each chapter.
'Paramhansa used to think Mahatma Gandhi was a prophet…for me, Nariman was a prophet,' Sharma told The Indian Express. 'I've always felt this deep spiritual connection with him. I can't put a finger on it, but I always somehow felt close to him.'
Sharma is a well-known name in the legal circles and has been the devoted gatekeeper for Nariman's offices. As his junior since 1986, Sharma's name appears in virtually every case handled by Nariman. It was Sharma who would be the first point of contact for lawyers or litigants to Nariman's office since the veteran neither carried a cell phone nor directly accessed his email account.
Sharma considers it a stroke of serendipity that he got a chance to work with Nariman. After the book was published in early 2025, he kept a copy on the shrine of Yogananda – who was revered by both – in Forest Lawns, Los Angeles.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Since 1960, poll rolls being shared with parties: CEC Gyanesh Kumar
Since 1960, poll rolls being shared with parties: CEC Gyanesh Kumar

Time of India

time22 minutes ago

  • Time of India

Since 1960, poll rolls being shared with parties: CEC Gyanesh Kumar

NEW DELHI: In a first but indirect rejoinder to Rahul Gandhi's allegations of enrolment of fake voters for Maharashtra polls, chief election commissioner Gyanesh Kumar underscored the statutory sharing of electoral rolls with all recognised political parties year after year since 1960, with a provision for them to make claims, objections and appeals. Delivering the inaugural address at the International Conference on Electoral Integrity (IDEA) in Stockholm on Tuesday, Kumar described the annual roll revision exercise in India as "the world's most rigorous and transparent", adding that it reinforced the accuracy and integrity of the electoral process. He noted that "this robust mechanism plays a vital role in upholding electoral credibility across the country, year after year". Rahul recently reiterated his charge that BJP owed its landslide win in Maharashtra last year to an unusual surge in number of voters after Lok Sabha polls. Officials in Election Commission, speaking anonymously, had dismissed the charge, saying addition of votes in Maharashtra was less than the increase in number of voters for Telangana and Jharkhand polls which were won by Congress and its allies. Congress kept up its protest, while also emphasising that EC officials had not spoken "on record". by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 오스템 임플란트 받아가세요 임플란터 더 알아보기 Undo Apprising the participants - representing election management bodies (EMBs) of around 50 countries - about the massive scale of Indian elections conducted under the watch of political parties, candidates, observers and the media, the CEC said the poll panel, with over 20 million personnel, including polling staff, police forces and observers, "becomes the world's largest organisation, surpassing the combined workforce of several national govts and major global corporations and ensures that India's nearly one billion electors are freely able to exercise their franchise". Kumar traced the evolution of Indian elections over the decades, noting how the system has adapted to increasing complexity while staying rooted in constitutional values. "From 173 million electors in 1951-52 to 979 million in 2024, and from just 0.2 million polling stations in the early years to over 1.05 million today, India's electoral journey has demonstrated both institutional foresight and unmatched scale," he said. Kumar added that 743 political parties and 20,271 candidates contested elections across the country using 6.2 million EVMs. Reflecting on the inclusive design of Indian elections, Kumar said the electoral process serves first-time voters, senior citizens aged 85+, persons with special abilities, third-gender electors, and voters in the most inaccessible regions with equal care and commitment. From polling booths with a single elector to highest altitude stations like Tashigang in Himachal Pradesh, India's commitment to leaving no voter behind is reiterated as a constitutional principle rather than a logistical challenge, he said.

Asked Modi to stop Hasina from speaking, he said not possible due to social media: Yunus
Asked Modi to stop Hasina from speaking, he said not possible due to social media: Yunus

Time of India

time28 minutes ago

  • Time of India

Asked Modi to stop Hasina from speaking, he said not possible due to social media: Yunus

LONDON: Chief adviser to the interim Bangladesh govt, Mohammad Yunus , told delegates at Chatham House Wednesday he had asked Prime Minister Narendra Modi to stop ousted Bangladesh PM Sheikh Hasina from 'speaking' after she fled to India but Modi replied that it was not possible because of social media. 'I said to PM Modi: 'You want to host her? I can't force you to abandon that policy, but please help us in making sure she doesn't speak to Bangladeshi people the way she is doing as the whole of Bangladesh gets very angry.' India is not doing what I asked. Modi's answer was: 'It is social media, we can't control it.' What can you say? It's an explosive situation. You can't just walk away by saying it's social media,' Yunus said. 'We want to build the best relationship with India – but somehow things go wrong all the time because of all fake news coming from the Indian press,' he said. 'Some people say it has connections with policy makers at the top. This is what makes Bangladesh very jittery. A whole barrage of things keep happening in cyber space.' Yunus said Awami League didn't need to be part of the 2026 elections as 'it isn't a political party'. He pledged to hold 'the most beautiful election ever'. 'If they can kill young people on the street, make people disappear, steal money, would you call them a political party? None of them has ever expressed remorse. For the safety of politics of this country, the nation has decided that, for time being, the activities of Awami League will be suspended until the trial is over,' he said, referring to the trial of perpetrators of violence under the Hasina regime. 'We have not banned Awami League. ' Protests marked Yunus' visit to Chatham House. 'How can he ban the Awami League? He is not even elected. He has no authority,' said one of the Bangladeshi diaspora protesters outside, chanting, 'Yunus terrorist'. One held a placard calling for the release of former Iskcon monk Chinmoy Prabhu.

Crippled by Op Sindoor strikes, Pak eyeing Germany for air defence upgrades
Crippled by Op Sindoor strikes, Pak eyeing Germany for air defence upgrades

India Today

timean hour ago

  • India Today

Crippled by Op Sindoor strikes, Pak eyeing Germany for air defence upgrades

Rattled by the devastating impact of BrahMos missile strikes during India's Operation Sindoor, Pakistan is now exploring the procurement of a new air defence system to counter future to sources, Islamabad is actively considering the purchase of the IRIS-T SLM air defence system from Germany in a bid to strengthen its aerial shield against India's supersonic cruise missiles, particularly the move comes after Pakistan's existing Chinese-origin air defence systems, including the HQ-9 and HQ-16, failed to detect or intercept Indian missile attacks during the operation. In contrast, the IRIS-T SLM system has demonstrated significant effectiveness in recent combat situations. In Ukraine, where several units were redirected from Egypt due to the ongoing war, the German-made system has reportedly shot down over 60 aerial targets since its deployment last it was said to have successfully intercepted Russian Oniks missiles, which are similar in profile to India's by Diehl Defence, the IRIS-T SLM is known for its modular and compact architecture. Each unit, estimated to cost around USD 200 million, includes radar, an operations centre, and launchers, all mounted on a 20-foot interest in the system highlights its urgent push to rebuild and upgrade its air defence network, particularly after key air bases were damaged by Indian missiles during Operation grappling with a severe economic crisis, Pakistan has raised its defence budget by 18 per cent this year while simultaneously scrapping domestic development projects valued at 1,000 billion Pakistani the past month, the country has secured financial assistance totalling USD 1.8 billion from the International Monetary Fund (IMF) and the Asian Development Bank (ADB) to address its fiscal Germany's Diehl Defence, the maker of the IRIS-T SLM, is also involved in a major Indian defence initiative. The company is collaborating with Thyssenkrupp Marine Systems on Project 75I, a Rs 70,000 crore programme to build six submarines for the Indian Indian-German collaboration also includes the development of the Interactive Defence and Attack System (IDAS), which will be integrated into the India's Reliance Defence has announced a partnership to manufacture Vulcano 155mm precision-guided artillery shells domestically. The initiative is expected to generate revenues of approximately Rs 10,000 crore, with over 50 per cent of the components to be produced indigenously.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store