Supreme Court judge Justice BR Gavai, while calling eminent jurist Fali S Nariman custodian of constitutional values, defender of justice and advocate for the rule of law, said that Nariman’s legacy provided a lens to understand the larger role of lawyers in a constitutional democracy.
Speaking at the Fali Nariman Memorial lecture focused on theme ‘Fali Nariman’s Role in Shaping Constitutional Jurisprudence,’ Justice Gavai said that Nariman made an exemplary contribution to the legal profession through his steadfast commitment to justice.
The memorial lecture was organised by the Bombay Bar Association in the memory of Nariman who passed away in February this year.
Justice Gavai said that Nariman was more than an eminent lawyer. He emphasised on the role of lawyers in constitutional democracy and shaping constitutional discourse.
Nariman noted that beyond their formal role in the courtroom, lawyers served as catalysts for social transformation by influencing public policy and drawing attention to pressing social issues.
He was part of a pioneering generation of lawyers who shaped India’s legal system after the Constitution came into force.
This generation had an exceptional challenge of responsibility of interpreting and applying the law directly from the text of the Constitution. Their contributions were instrumental in transforming the Constitution from a written document into a living, organic, dynamic framework of governance.
Speaking about Nariman’s illustrious career, Justice Gavai said Nariman was a staunch defender of the basic structure doctrine and independence of judiciary, who argued several cases relying on this principle.
He said at Nariman’s advocacy in the Second Judges Case, Third Judges Case and the NJAC judgment were instrumental in preserving the autonomy and independence of the judiciary in India.
Speaking about Nariman’s role in cases involving fundamental rights of citizens, he referred to Air India v. Nergesh Meerza case, where Air India’s guidelines of terminating services of air hostess after first pregnancy were challenged. Justice Gavai pointed out that despite appearing for Air India, Nariman convinced the management to do away with this arbitrary guideline.
Calling Nariman a steadfast advocate for secularism and minorities’ rights. Justice Gavai mentioned Nariman’s contribution to shaping India’s constitutional jurisprudence on minority rights by appearing in cases such as Bijoe Emmanuel v. State of Kerala and T.M.A. Pai Foundation v. State of Karnataka.
He said Nariman’s dedication to the values of the Constitution was such that even in his last date he was occupied in writing a chapter titled: values of the preamble for a book which the Supreme Court of India published to mark the 75th anniversary of its foundation. He submitted a chapter by e-mail a couple of hours before he took his last breath.
According to Justice Gavai, Nariman’s life served as an enduring source of inspiration. He shaped public discourse through his role as a Member of the Rajya Sabha, wrote books and articles, gave interviews on key issues and mentoref young members of the Bar and law students.
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Speaking at the Fali Nariman Memorial lecture focused on theme ‘Fali Nariman’s Role in Shaping Constitutional Jurisprudence,’ Justice Gavai said that Nariman made an exemplary contribution to the legal profession through his steadfast commitment to justice.
The memorial lecture was organised by the Bombay Bar Association in the memory of Nariman who passed away in February this year.
Justice Gavai said that Nariman was more than an eminent lawyer. He emphasised on the role of lawyers in constitutional democracy and shaping constitutional discourse.
Nariman noted that beyond their formal role in the courtroom, lawyers served as catalysts for social transformation by influencing public policy and drawing attention to pressing social issues.
He was part of a pioneering generation of lawyers who shaped India’s legal system after the Constitution came into force.
This generation had an exceptional challenge of responsibility of interpreting and applying the law directly from the text of the Constitution. Their contributions were instrumental in transforming the Constitution from a written document into a living, organic, dynamic framework of governance.
Speaking about Nariman’s illustrious career, Justice Gavai said Nariman was a staunch defender of the basic structure doctrine and independence of judiciary, who argued several cases relying on this principle.
He said at Nariman’s advocacy in the Second Judges Case, Third Judges Case and the NJAC judgment were instrumental in preserving the autonomy and independence of the judiciary in India.
Speaking about Nariman’s role in cases involving fundamental rights of citizens, he referred to Air India v. Nergesh Meerza case, where Air India’s guidelines of terminating services of air hostess after first pregnancy were challenged. Justice Gavai pointed out that despite appearing for Air India, Nariman convinced the management to do away with this arbitrary guideline.
Calling Nariman a steadfast advocate for secularism and minorities’ rights. Justice Gavai mentioned Nariman’s contribution to shaping India’s constitutional jurisprudence on minority rights by appearing in cases such as Bijoe Emmanuel v. State of Kerala and T.M.A. Pai Foundation v. State of Karnataka.
He said Nariman’s dedication to the values of the Constitution was such that even in his last date he was occupied in writing a chapter titled: values of the preamble for a book which the Supreme Court of India published to mark the 75th anniversary of its foundation. He submitted a chapter by e-mail a couple of hours before he took his last breath.
According to Justice Gavai, Nariman’s life served as an enduring source of inspiration. He shaped public discourse through his role as a Member of the Rajya Sabha, wrote books and articles, gave interviews on key issues and mentoref young members of the Bar and law students.
The post appeared first on .