Unflinching ethics, indomitable courage: CJI Chandrachud on Fali Nariman

Born on January 10, 1929, in what was then called Burma, it was the Japanese invasion that caused Nariman’s family to migrate to India, which the CJI termed ‘fate’.

An ‘outsider’ to Delhi, Nariman first practised law in Bombay. “A ‘foreigner’ in Delhi has to establish himself both in integrity and ability. Only then will the Supreme Court Bar accept [them] as one of their own. But once they do, its members are the most affectionate and loyal of all comrades,” read the CJI from Nariman’s book Before Memory Fades, stating that he had passed this test with flying colours.

After the imposition of the Internal Emergency in June 1975, Nariman resigned as Additional Solicitor General. The CJI read Martin Luther King’s speech: “Cowardice asks the question, ‘Is it safe?’ Expediency asks the question, ‘Is it politic?’ Vanity asks the question, ‘Is it popular?’ But Conscience asks the question, ‘Is it right?’ Mr Nariman was guided only by the last question,” added the CJI. Authoring numerous books and articles, Nariman ensured that legal discourse was disseminated to everyone and did not remain constrained to lawyers, said the CJI.

Attorney General for India R Venkataramani and SCBA president Adish Aggarwala also paid homage to the late jurist.

In his reference speech, AG Venkataramani spoke about how Nariman dedicated his life to social and political causes. He also recalled that the Senior Advocate celebrated constitutional milestones achieved by juniors in the fraternity.

Towards the end of the reference, CJI Chandrachud said that Nariman fought many battles – some which still needed to be fought. “In the end, it was not Mr Nariman who gave up on these battles, it was only his body. His soul will live on in the many lives he touched and the thousands more he inspired,” he said.