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Synopsis

The Supreme Court today held a full court reference for Senior Advocate Fali S. Nariman who passed away recently on February 21, 2024.

Referring to Nariman's noteworthy contributions to the Second, Third, and Fourth Judges Cases on judicial appointments in 1993, 1998 and 2014, the Chief Justice of India today said, "His clients as he would say was the independence of the judiciary".

CJI further said that values which Fali Nariman embodied-unflinching ethics, indomitable courage and an unwavering pursuit of principle provide a balm to the soul of the profession.

Talking about Mr Nariman's early life, the CJI said that while Mr Nariman’s contributions to the Indian legal profession were the result of his hard work, his very presence in India was the result of unforeseen events, or as some would say, fate as after being born in the territory that was then Burma, it was the Japanese invasion of the Indo-Pacific that caused Mr Nariman’s family to migrate to India.

On Nariman's professional journey, the CJI said, "The phrase, “All roads lead to Rome” can aptly be modified for a great many Indian lawyers to say, “All roads lead to Delhi.” And so it was with Mr Nariman. Despite his longstanding loyalty to the Bombay Bar, he was gradually pulled in by the gravitational force of this Court, which is the ultimate arbiter of constitutional disputes, and the nation was better off for it."

Saying that Mr. Nariman was a spirited representative of India at international events such as the conferences of LAWASIA and the International Law Association, the CJI also touched upon his personal life saying he was an embodiment of the generous cultured traditions of the Parsis, and that he and his gracious spouse Bapsi were full of mirth.

Referring to a case where Mr. Nariman was tasked with defending Air India's policy of compelling air hostesses to retire upon their first pregnancy, the CJI said that recognising the incongruity between Air India’s policy and the prohibition on sex discrimination, found in Articles 14 and 15 of the Constitution, Mr. Nariman did not unthinkingly defend the policy but instead impressed on Air India the need to amend their ways.

While concluding his address, the CJI told the full court that he had been reliably informed that right until the night before his passing, Mr. Nariman was meticulously settling the draft of a written submission for an upcoming Constitution Bench hearing on arbitration law and his mental agility, dedication to his work, and commitment to the law remained uncompromised till the day he finally rested.