FALI NARIMAN –BEFORE MEMORY FADES

ANWESH PANDA

ENGLISH II

215059

WINTER SEMESTER 

FALI  N ARIMAN
BEFORE M EMORY F ADES
“The most important thing is not winning but taking part; the essential thing is life is not 
conquering but fighting well.”

I NTRODUCTION

Fali Nariman needs no introduction.i A jurist par excellence, he continues to shine like a bright
star on the legal firmament.ii  His prodigious knowledge and intellectual competence is a cut
aboe the rest. !he profundit" of his erudition is a subject matter of great pride, not onl" for 
 people who belong to the legal fraternit" but also for the entire humanit".

He was, is and will remain #ndia$s “%uintessential law"er.” His autobiograph" called “&efore
'emor" Fades” not onl" inspires us but also exemplifies the predominat role a law"er can pla"
in the molding of a countr"$s legal trajector". Haing come into litigation immediatel" after the
adoption of the #ndian (onstitution, he has grown with it to be its do"en, an unmatchable
(onstitutional expert, whose name holds swa" in legal circles all across the world.

!he book chronicles his life in the form of chapters and stories) his initial phase in the &omba"
 bar,iii his pupilage under *amshedji +anga,i his 'oe to elhi, !he -lorious "ears as a
(onstitutional expert, his brush with being the Additional olicitor -eneral /f #ndia, the dark 
hours of 0mergenc", some 1eflections) 2ost 0mergenc", whist traersing the reader through a
discussion of the epochal constitutional cases 3Golakh Nath’, Kesavananda harti  and  !"# 
 $abalpur cases.

His incisie anal"sis of a m"riad of cases helps us deelop a general understanding of the
niceties of law and legislation.i #t$s a definitie, anal"tical and meticulous account of the present
state of the nation 4 from a constitutional perspectie 4 b" one of #ndia$s most respected legal
luminaries. An ardent defender of the (onstitution of #ndia, Fali Nariman has toda" attained the
status of an outstanding law"er who strongl" beliees in the rule of the law and stands b" his
conictions. He will remain a legend for all times to come.

NARIMAN: A R ACONTEUR 
Nariman has come out as a master story teller, this  book traces the life and career of 
 Nariman from his birth in &urma 53 % have been reliabl& informed and brought up to believe that % 
was born on the '(th da& of $anuar& ')*) in farawa& +angoon.$6 to the ripe age of 78, with a
%ueer wit and an eas", but a puckish sense of humor.ii

He narrates the details of his personal life, proiding the nitt"9gritties of a life well lied,
commingled with famil" and friends.iii!he book is marked b" his gentlemanliness and decenc"
as he gies fulsome praise to those whom he admires and has a high regard for, but refrains from
naming those about whom his opinion is less than satisfactor".

 Nariman$s unconditional loe for his famil" and friends comes out alie through the pages of his
autobiograph". !he deep affection and adoration he holds for his wife, &apsi is a thing of beaut".
He acknowledges her loe and holds her responsible for all that the success he has achieed.

% have made something of m& life it is entirel& because of her; she has been m& life support in
 good times and bad. -he has alwa&s been a most loving and lo&al consort.

:aced with anecdotes, stories and raconteur, “&efore 'emor" Fades” takes a detour and
highlights the lighter shades especiall" when Nariman reminisces the times he has spent with
aried law"ers and judges. His account of their personalities and working st"les is rieting,
intriguing, highl" engaging and, b" and large, inspires confidence in the soundness of judicial
s"stems in #ndia.

entiments interspersed in the autobiograph" tugs at the heart strings of readers when Nariman
narrates interesting instances of his life time. A particularl" cute instance is when he was offered
High (ourt *udgeship at the age of ;7 but declined the honor for financial reasons. He expresses
his emotional state so beautifull" when his daughter Anaheetaix told 3&apsi$ 5Nariman$s wife6
“ #umm&, please tell dadd& to accept; % promise % will not spend too much mone&, and will cut 
down on chocolates and sweets because % would like him to be a /udge”. <ears later, Anaheeta
 presented Fali a cartoon picture which reminds Nariman of “The $udge 0ou #ight 1ave een”.
He acknowledges the enjo"able experience of being the Additional olicitor -eneral for #ndia,
citing the landmark cases he litigated.x  Nariman comes across as a er" amiable man who
ascribed immense importance to personal social relations and friendl" encounters. !he book 
traerses the arious coniial relations that Nariman harbored during his lifetime.
He showers encomiums and accolades on man" legal luminaries, especiall" two (hief *ustices of 
the upreme (ourt) 2 + Krishna %&er , who according to him 3helped to humani=e the legal
s"stem 4 particularl" in the field of criminal jurisprudence and jail reform$ and K -ubba +ao who
stood for the 3transcendental nature of Fundamental 1ights$ and proided the right to priac" of 
an indiidual 3a small but secure foothold in the chapter of fundamental rights’ . He sa"s 3 /udges
are human beings and that human beings, like stars in the firmament, have blemishes. "espite
 such blemishes the& shine. %t is to the credit of these two great men, that after taking into account 
their frailties, the& shine, and shine brightl&, like the two pointers in the northern sk&.$

THE QUINTESSENTIAL L AWYER  AND CRUSADER 

!o a common person with no appraisal of legalese and niceties of the legal fraternit", “ efore
 #emor& 3ades” gies an interesting depiction of eents and circumstances which raise pertinent
issues related to the role of the judiciar" is9a9is the executie and the legislatie functions of 
the state and the impact of the three estates of democrac" in the lies of the citi=ens.

'ore significantl", Nariman deles into the unresoled issues concerning goernance and the
 judiciar" in #ndia) primaril", the constitution of the &ench in and selection procedure for the
*udges of the upreme (ourt of #ndia, wherein the interference of the 0xecutie has shrouded the
independence of the *udiciar". Nariman clearl" bats in faor of the autonom"> supremac" and of 
*udicial -oernance while arguing out the respectie roles of the 0xecutie, :egislature and the
*udiciar" thus) “The 4onstitution, as drafted and as it e5ists toda&, has placed the /udges of the
 supreme /udiciar& in the driving seat of Governance 6 Governance with a capital G”.

?ith regard to the Fundamental 1ights, he takes a er" emphatic stand) “ The freedom of the
citi7en is not bestowed b& the 4onstitution of %ndia, but guaranteed b& it. 3reedom is primar&
and the 4onstitution is its safeguard; therefore, the 3undamental +ights of the citi7en cannot be
compromised on an& count .”xi !his belief is so strong in him that it led to his resignation, in
 protest, from his post as Additional olicitor -eneral of #ndia when the internal emergenc" was
xii
declared b" #ndira -andhi in @BC and all ciil liberties of the citi=en were suspended.  !his
gesture rather shot Nariman to reach astronomical heights in terms of achieing prestigious
xiii
 positions both nationall" and internationall". He was, is and will continue to remain a
crusader of indiidual freedom and an upholder of fundamental rights.

“The most important thing is not winning but taking part; the essential thing is life is not 
conquering but fighting well.” He accepted defeat and failure alike during the course of his
 proceedings and career. ?ithout indulging in self9mortification, he learnt to respect his
opponents and take criticism in his stride.xi !his encapsulates the essence of his illustrious
career.x

 Nariman recalls his brush with the case where he represented the -ujarat -oernment in the
matter of the Narmada rehabilitation but resigned shortl" after attacks on (hristians in the area
and the burning of copies of the &ible #n ecember @7 Nariman returned the brief and said
that “# would not appear for the state of -ujarat in this or an" other matter”.

A career that spans almost six decades has been beautifull" woen b" a master stor"teller who
enthralls his readers b" his simplicit", humilit" and brilliant candor.xi?ith its exotic and rich
literar" and cultural elo%uence,  efore #emor& 3ades is a testimon" to the ibrant and
inigorating intellectual forces that go into the making of the nation toda". For the common
reader it is instructie and enjo"able. “econd *udges (ase” won b" Nariman is a case where the
master luminar" said, “ ! 4ase % 8on 6 ut % 8ould 9refer to 1ave :ost ”. (ritici=ing his own
win, Nariman said “ % don’t see what is so special about the first five /udges of the -upreme
4ourt. The& are onl& the first five in seniorit& of appointment 6 not necessaril& in superiorit& of 
wisdom or competence. % see no reason wh& all the /udges in the highest court should not be
consulted when a proposal is made for appointment of a high court /udge or an eminent 
advocate< to be a /udge of the -upreme 4ourt. % would suggest that the closed=circuit network of 
 five /udges should be disbanded.”

!he commitment of Nariman to the cause of social justice, 5Dnion (arbide, notwithstanding6, xii
 Nariman argued in faor of ow chemicals 5the owned b" Dnion carbide6 in the
infamous &hopal gas disaster case, which he admitted as a mistake in recent times. He was
instrumental in getting a deal between ictims and the compan" outside court, which offered an
amount of EBG million to the ictims.
2articularl" enlightening is his admiration for *awaharlal Nehru whom he gies the penultimate
xiii
word in the autobiograph" in order to focus upon the secular nature of #ndia.  ecularism is
dear to him, as he reinforces its alidit" in the current scenario) he ends the autobiograph" b"
sa"ing these rather immortal words.

% have lived and flourished in a secular %ndia. %n the fullness of time, if God wills, % would also
like to die in a secular %ndia.

His elo%uent word wrings inspiration and fills the readers persona with admiration for a man,
who is so simple "et so extraordinar". His reerence for the legal s"stem, his faith in freedom as
a human alue in itself, his belief in judicial actiism and the (onstitution, his admiration for 
courage of coniction in colleagues and his own conictions, his %uiet tribute to non9 iolence
and humilit", his erudition, shine through the pages and he endears himself to the reader for 
eternit". :ong :ie Fali Nariman

#n nutshell 'Before Memory Fades' is an elo%uentl" written book b" Nariman, full of er"
interesting anecdotes, weaing a rich sure" of #ndian judges, law"ers, coering a plethora of 
court cases, political situations and circumstances. #t is a must read for all the aspiring law"ers as
well as students cutting across all subjects and disciplines.xix

R EFERENCE

FA:# . NA1#'AN) A N AD!/&#/-1A2H< , &0F/10 '0'/1< FA0 5IG@6.

ENDNOTES
i Nariman is the recipient of the 2adma &hushan 5@@6 and the 2adma Jibhushan 5IGGB6. He is an
internationall" recogni=ed authorit" on international arbitration. He is one of #ndiaKs most distinguished
constitutional law"ers and has argued seeral leading cases.

ii Nariman is the recipient of the 2adma Jibhushan 5in IGGB6 and 2adma &hushan 5in @@6, respectiel" the
second and third highest honors granted to ciilians b" the 2resident of #ndia. &oth awards were for NarimanKs
contributions to jurisprudence and public affairs. Nariman was awarded the -ruber 2ri=e for *ustice in IGGI, in
recognition of his distinguished serice in the field of jurisprudence and also receied the -lobal 'edal :aurel
at the #nternational (onference of ?orld Association of 2ress (ouncils.

iii 'r. Nariman began his law practice at the &omba" High (ourt and was appointed a enior Adocate in the
upreme (ourt of #ndia in @B@, a position he retains till date.

iv His loe for his mentor is something worth mentioning. He imbibed the high morals and ideals of being a
competent and humble law"er from 'r. +anga$s practice. #t was him who helped Fali understand that “ the art of 
advocac& = is to make simple what is complicated and vice versa ”.

v #t is a commentar" on the most important court cases like hankari 2rasad 5@C@6, ajjan ingh 5@8C6,
-olaknath 5@8B6, +eshaananda &harti 5@B;6, and 'inera 'ills 5@7G6 which laid the fundamental basis of
the #ndian (onstitution.

vi He argued in the famous case of the upreme (ourt Ao1 Association, in which the upreme (ourt took oer
the appointment of judges in the Higher *udiciar". He also appeared in man" important cases like -olak Nath,
.2. -upta, !.'.A. 2ai Foundation, etc.

vii Fali am Nariman was born to a staunch 2arsi famil" in 1angoon. #ronicall" enough, his father wanted him
to train as an #ndian (iil erant, but he ended up pursuing :aw as a last resort, for a paucit" of funds.

viiiA1DNAJ 2A!NA#+ , A (/N(#0N(0 +00201 , AJA#:A&:0 A! http)>>blogs.timesofindia.indiatimes.com>roing9

i>nariman9pa"9"our9dues9to> 5:ast isited on Februar" @I, IG@C6.

ix Nariman was blessed with two children namel" 1ohniton Nariman and Anheeta Nariman. He talks er"
loingl" about his kids when he sa"s “ apsi and % have been blessed with the finest and most intelligent children
that one could wish for ”. 1ohinton Nariman currentl" is a judge of the upreme court whereas Anaheeta is a
highl" specialsed speech therapist.

x 0xample ennet 4oleman and 4ompan& :imited vs. >nion ?f %ndia, Newsprint 4ase ')@A<, etc.

xi (H#1AN*00! + AD1 , &0F/10 '0'/1< FA0, AJA#:A&:0 A! http)>>www.museindia.com>regularcontent.aspL

issidM;CidMI@ 5:ast een on Februar" @I, IG@C6.
xii!his autobiograph" gies a detailed insight of the National 0mergenc" in @BC, when he was the Additional
olicitor -eneral of #ndia. He chose to be the Additional olicitor -eneral of #ndia in @BI. Fali . Nariman
deseres all plaudits for being the onl" public officer in the countr" to hae registered his protest against the
suppression of ciil liberties, when he resigned from the post of Additional olicitor -eneral of #ndia in
opposition to the autocratic declaration of #nternal 0mergenc" in @BC b" the #ndira -andhi goernment. He
handled man" top notch cases and thoroughl" enjo"ed his brief stint.

xiii !o name a few, he is an Honorar" 'ember of the #nternational (ommission of *uristsO a past 2resident of the
:aw Association for Asia and the 2acific 5:A?A#A6O has been a member of the (ourt of the :ondon (ourt of
#nternational Arbitration 5:(#A6, a past Jice (hairman #nternational (ourt of Arbitration of the #nternational
(hamber of (ommerce 5#((6 in 2arisO and a past (o9(hair of the Human 1ights #nstitute of the #&A. He has
sered as the 2resident of the #nternational (ouncil for (ommercial Arbitration 5#((A6.

xiv “The best advice that one can give with sincerit& is the lesson that one has learnt oneself  ” he sa"s and cites
an instance when during a hearing he harshl" interrupted his opponent, +irit 1aal, and was nast" to him. ?hile
1aal did not utter a word, the *udge pulled up Nariman and said “ #r. Nariman, % think it is time &ou retire ”.
 Nariman was stung b" the rebuke but sa"s the *udge was absolutel" right. “ No matter what &our age and
 standing at the ar, it will /ust not do to be rude to &our opponent ”.

xv Aailable at http)>>blogs.timesofindia.indiatimes.com>roing9i>nariman9pa"9"our9dues9to>  5:ast isited on

Februar" @I, IG@C6.

xvi An Autobiograph" reflects his concern for the welfare of the judiciar", his firm coniction in the principles
laid down b" the constitution and his iews on the troubled relationship between political power and the
*udiciar".5aailable at http)>>www.ama=on.in>&efore9'emor"9Fades9An9Autobiograph">dp>;7@;@CG  , :ast
isited on Februar" @I, IG@C6.

xvii Nariman the lead counsel for the Dnion (arbide (orporation receied seere criticisms while representing
the compan". “Tribune des "roits 1umains  “described him as a KFallen AngelK, %uestioning his reputation as a
human rights actiist. #n this autobiograph" Nariman has reproduced the letter that he wrote in response to the
 published article in which he defends himself b" stating that the suggestion that law"ers who are human rights
actiists should not accept briefs of those who “ violate the human rights of othersB, is impractical and fraught
with grave consequences as it puts an almost impossible burden on the law&er of pre=/udging guilt; and more
important< it precludes the person charged with infringing the human rights of another such as one accused of
murder< the right to be defended b& a Blaw&er of his choice = in m& countr&, a guaranteed constitutional right.

xviiiD1A*#! &HAD1#, &0F/10 '0'/1< FA0, AJA#:&A:0 A!

http)>>www.indialawjournal.com>olume;>issueP>bookPreiew.html  5:ast Jisited on Februar" @I, IG@C6.

xix N001A*  + D'A1 , &0F/10 '0'/1< FA0, AJA#:A&:0 A! http)>>jadaun.blogspot.in>IG@;>G@>book9reiew9

 before9memor"9fades.html 5:ast isted on Februar" @I, IG@C6.