Beyond the Courtroom: Fali Nariman's legal legacy
'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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
News18
31 minutes ago
- News18
'Need Ties With Both India & Pakistan': US Central Command Chief Gen Kurilla
Last Updated: General Michael Kurilla, who is set to retire this summer, commended Pakistan as an 'outstanding partner' in counterterrorism US Central Command (CENTCOM) chief General Michael Kurilla recently underscored the importance of the United States maintaining relationships with both India and Pakistan. Testifying before the House Armed Services Committee, Kurilla emphasised Pakistan's critical role in counterterrorism efforts against the Islamic State-Khorasan Province (IS-KP), as reported by the Hindustan Times. General Kurilla, who is set to retire this summer, commended Pakistan as an 'outstanding partner" in counterterrorism. This statement comes at a time when India has been increasing its diplomatic efforts to highlight Pakistan's involvement in cross-border terrorism, particularly after the Pahalgam terror attack of April 22. Indian officials, including external affairs minister S Jaishankar, have consistently cautioned against equating victims and perpetrators of terrorism. Kurilla clarified that the US relationship with India and Pakistan is not mutually exclusive. 'We need to have relationships with both Pakistan and India. It is not a binary choice where having one relationship excludes the other," he stated, encouraging lawmakers to recognise the benefits of each relationship. The CENTCOM chief detailed Pakistan's actions against IS-KP, a group based in Afghanistan that he characterised as highly active in planning global terrorist activities, including those targeting the US. He explained that while the Afghan Taliban has taken action against IS-KP, many fighters have relocated to the tribal areas along the Afghanistan-Pakistan border. 'Through an excellent partnership with Pakistan, they have targeted and eliminated dozens of IS-KP members. With the intelligence we provide, they have captured at least five high-value IS-KP individuals," said Kurilla. He also highlighted Pakistan's extradition of Mohammad Sharifullah, alias Jafar, who was involved in the August 2021 Kabul airport attack that killed 13 American soldiers. Kurilla revealed that Pakistan's Chief of Army Staff, Asim Munir, personally informed him of Jafar's capture and the willingness to extradite him. General Kurilla stressed that Pakistan's partnership in countering terrorist threats in Central and South Asia 'will only become more significant as the Taliban continues to face security challenges within Afghanistan". First Published:
Economic Times
32 minutes ago
- Economic Times
Modi 3.0 has got inflation & growth right but jobs, land reforms are still a challenge
As Prime Minister Narendra Modi enters in his 12th year leading the government, India's economy stands on solid macroeconomic foundations, but economists warn that generating jobs and reviving private investment will be key challenges in the years ahead, TOI has reported. With GDP growth averaging 6.2 per cent over the past 11 years (2014-15 to 2024-25), and inflation largely within the Reserve Bank of India's (RBI) comfort zone, the government has pointed to a decade of fiscal prudence and economic stability. If the distortions of the COVID-19 pandemic years (2020-21 contraction and 2021-22 rebound) are excluded, the average growth rate stands at a healthier 7.1 per cent. Even though, the World Bank has brought down India's growth projection at a steady 6.3 per cent, New Delhi continues to be the fastest growing economy in the world, ready to get past the growing global uncertainties. Also Read: Why is India outpacing China, US, EU and Germany? 'The economy delivered an average growth of 6.2% and an inflation rate of 5% over the last 11 years, despite the pandemic,' TOI quoted Crisil chief economist DK Joshi as saying. 'The economy is currently in a healthy shape with inflation under control, corporates and banks having healthy balance sheets, a low current account deficit, and ample forex reserves. Rains and crude oil prices, which are luck factors, are expected to be favorable this year. We expect India's GDP to grow at 6.5% in fiscal 2026, with risks tilted to the downside due to weak global prospects amid heightened uncertainty.' Inflation during the Modi years averaged 5 per cent, compared with 8.1 per cent under the previous UPA government. While part of this can be attributed to better food price management and more responsive supply chains, economists also credit global factors, particularly lower crude oil June 10, 2014, when Modi took office, the Indian crude oil basket cost $107 per barrel (Rs 6,331 per barrel at Rs 59.26/$). Eleven years later, it stood at $67.38 per barrel or Rs 5,711 at Rs 85.60/$, a drop of nearly 11% in rupee Sanyal, chief economist and head of research at Bandhan Bank, highlighted the Centre's cautious approach to spending. 'India demonstrated exemplary commitment to fiscal prudence and discipline over the last one decade despite the unprecedented Covid shock. Accordingly, India's public debt profile turns out to be a strong advantage today, much in contrast to the current global trend. Lower public debt, along with better anchored inflation and current account deficit, political stability and strong domestic demand amidst the current uncertain global economic environment, has enormously enhanced India's attractiveness as a preferred investor destination over the past decade.'Despite the macroeconomic optimism, the biggest concern going forward is the lack of private sector investment and sluggish job creation. Corporates are yet to expand capacity in a meaningful way, a move seen as essential to creating new jobs, particularly in the organised say the government must revive key reforms to unlock private capital. Land acquisition laws and labour flexibility have long been seen as barriers to business investment. Early efforts in 2014 to ease land acquisition rules met with political backlash and were shelved. On labour, the government passed four major codes, but has yet to notify them, citing delays from opposition-led and the rapid rise of AI have further complicated job creation, especially in sectors where automation is replacing entry-level the BJP reliant on coalition partners after the recent election, bold reforms like strategic disinvestment and asset monetisation, key tools for funding capital expenditure, have been pushed to the back burner. However, a surge in political confidence post-election may now allow the government to revisit these decisions. India has been negotiating several free trade agreements, which are expected to bring down tariffs. Experts warn that unless land and labour reforms are addressed in parallel, Indian industry may struggle to compete under these FTAs. (With inputs from TOI)
Time of India
36 minutes ago
- Time of India
India closely watches US-China trade talks amid rare earth tensions
As trade negotiations between the United States (US) and China near a 90-day deadline, global concerns over rare earth supply chains are intensifying. The US has indicated a possible easing of technology export restrictions in exchange for improved access to rare earth shipments from China, but observers remain cautious about the likelihood of immediate progress. The rare earth dispute has prompted countries to reassess their reliance on Chinese supplies. The US has announced a $39 million investment to develop a domestic rare earth supply chain . India, while not directly involved in the negotiations, is exploring options to reduce its dependence on China, though progress remains limited. Industry impact and government response The Indian automobile and electronics sectors have started to feel the effects of supply constraints. Auto and smartphone manufacturers are reporting falling inventories of rare earth materials and magnets, with potential production cuts expected as early as June. A recent report by Crisil Ratings highlighted the risk to India's electric vehicle (EV) rollout, noting that several new EV models rely on permanent magnet synchronous motor (PMSM) platforms. While most automakers currently maintain four to six weeks of inventory, a continued shortage could impact production schedules from July. Maruti Suzuki is reported to be adjusting its production plans for its upcoming e VITARA model, reducing output targets for the July–September period due to shortages of rare earth magnets. Diversification efforts underway India has responded by stepping up support for Indian Rare Earths Limited and seeking international partnerships. At the India-Central Asia Dialogue held in New Delhi, India and five Central Asian countries expressed interest in collaborating on critical mineral exploration. They also proposed convening the India-Central Asia Rare Earth Forum to advance these discussions. While India is not a direct participant in the ongoing US-China talks, it is assessing the developments and evaluating potential strategies to secure its own rare earth supplies.
