Eminent jurist Fali S Nariman breathed his last on Wednesday. He was 95. The doyen of the Indian judiciary was part of several major cases that not only defined his career but also changed the political landscape of the country. Nariman was part of the landmark judicial proceedings such as Golaknath case and the Kesavananda Bharati case. Verdicts in these cases by the Supreme Court helped in keeping the essence of the Indian democracy. As India remembers the eminent lawyer, here’s a look at his career-defining cases:
The Golaknath case (1967): The apex court affirmed that Parliament is precluded from enacting legislation that has the potential to encroach upon the fundamental rights of citizens. Nariman represented an intervenor advocating in favour of the petitioners who sought the safeguarding of fundamental rights.
The Kesavananda Bharati case (1973): Nariman assisted prominent lawyer Nanabhoy Palkhivala in the renowned case that resulted in the landmark verdict establishing the “basic structure doctrine” of the Constitution. This verdict effectively constrained Parliament’s authority to amend the Constitution. The 1973 judgment concurrently vested the judiciary with the power to scrutinise any constitutional amendment for potential infringement upon the fundamental framework of the Constitution.
The 1984 Bhopal gas tragedy case: Amid severe criticism, Nariman appeared for the Union Carbide. However, he later admitted that the decision to represent Union Carbide was a mistake. Nariman played a key role in finalising the out-of-court settlement between the gas disaster victims and the company.
The Second Judges Case (1993): Nariman was involved in both the NJAC verdict and the SC AoR Association case, which played significant roles in shaping the establishment of the Supreme Court Collegium system.
The TMA Pai Foundation case (2003): In this case, the apex court recognised the autonomy of private educational institutions under Article 19(1)(g) of the Constitution, and allowed them to operate without excessive interference from the governmental. Nariman was one of the prominent lawyers in the case.
(With inputs from PTI)