FALI NARIMAN BEFORE MEMORY FADES

ANWESH PANDA
ENGLISH II
215059
WINTER SEMESTER
FALI NARIMAN
BEFORE MEMORY FADES

The most important thing is not winning but taking part; the essential thing is life is not
conquering but fighting well.

INTRODUCTION
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
above the rest. The profundity of his erudition is a subject matter of great pride, not only for
people who belong to the legal fraternity but also for the entire humanity.
He was, is and will remain Indias quintessential lawyer. His autobiography called Before
Memory Fades not only inspires us but also exemplifies the predominat role a lawyer can play
in the molding of a countrys legal trajectory. Having come into litigation immediately after the
adoption of the Indian Constitution, he has grown with it to be its doyen, an unmatchable
Constitutional expert, whose name holds sway in legal circles all across the world.
The book chronicles his life in the form of chapters and stories: his initial phase in the Bombay
bar,iii his pupilage under Jamshedji Kanga,iv his Move to Delhi, The Glorious years as a
Constitutional expert, his brush with being the Additional Solicitor General Of India, the dark
hours of Emergency, some Reflections: Post Emergency, whist traversing the reader through a
discussion of the epochal constitutional cases Golakh Nath, Kesavananda Bharti and ADM
Jabalpur cases.v
His incisive analysis of a myriad of cases helps us develop a general understanding of the
niceties of law and legislation.vi Its a definitive, analytical and meticulous account of the present
state of the nation from a constitutional perspective by one of Indias most respected legal
luminaries. An ardent defender of the Constitution of India, Fali Nariman has today attained the
status of an outstanding lawyer who strongly believes in the rule of the law and stands by his
convictions. He will remain a legend for all times to come.

NARIMAN: A RACONTEUR

Nariman has come out as a master story teller, this book traces the life and career of

Nariman from his birth in Burma (I have been reliably informed and brought up to believe that I
was born on the 10th day of January 1929 in faraway Rangoon.) to the ripe age of 86, with a
queer wit and an easy, but a puckish sense of humor.vii
He narrates the details of his personal life, providing the nitty-gritties of a life well lived,
commingled with family and friends.viiiThe book is marked by his gentlemanliness and decency
as he gives 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 satisfactory.
Narimans unconditional love for his family and friends comes out alive through the pages of his
autobiography. The deep affection and adoration he holds for his wife, Bapsi is a thing of beauty.
He acknowledges her love and holds her responsible for all that the success he has achieved.
I have made something of my life it is entirely because of her; she has been my life support in
good times and bad. She has always been a most loving and loyal consort.
Laced with anecdotes, stories and raconteur, Before Memory Fades takes a detour and
highlights the lighter shades especially when Nariman reminisces the times he has spent with
varied lawyers and judges. His account of their personalities and working styles is riveting,
intriguing, highly engaging and, by and large, inspires confidence in the soundness of judicial
systems in India.
Sentiments interspersed in the autobiography tugs at the heart strings of readers when Nariman
narrates interesting instances of his life time. A particularly cute instance is when he was offered
High Court Judgeship at the age of 38 but declined the honor for financial reasons. He expresses
his emotional state so beautifully when his daughter Anaheetaix told Bapsi (Narimans wife)
Mummy, please tell daddy to accept; I promise I will not spend too much money, and will cut
down on chocolates and sweets because I would like him to be a judge. Years later, Anaheeta
presented Fali a cartoon picture which reminds Nariman of The Judge You Might Have Been.
He acknowledges the enjoyable experience of being the Additional Solicitor General for India,
citing the landmark cases he litigated. x Nariman comes across as a very amiable man who
ascribed immense importance to personal social relations and friendly encounters. The book
traverses the various convivial relations that Nariman harbored during his lifetime.

He showers encomiums and accolades on many legal luminaries, especially two Chief Justices of
the Supreme Court: V R Krishna Iyer, who according to him helped to humanize the legal
system particularly in the field of criminal jurisprudence and jail reform and K Subba Rao who
stood for the transcendental nature of Fundamental Rights and provided the right to privacy of
an individual a small but secure foothold in the chapter of fundamental rights. He says judges
are human beings and that human beings, like stars in the firmament, have blemishes. Despite
such blemishes they shine. It is to the credit of these two great men, that after taking into account
their frailties, they shine, and shine brightly, like the two pointers in the northern sky.

THE QUINTESSENTIAL LAWYER AND CRUSADER

To a common person with no appraisal of legalese and niceties of the legal fraternity, Before
Memory Fades gives an interesting depiction of events and circumstances which raise pertinent
issues related to the role of the judiciary vis-a-vis the executive and the legislative functions of
the state and the impact of the three estates of democracy in the lives of the citizens.
More significantly, Nariman delves into the unresolved issues concerning governance and the
judiciary in India: primarily, the constitution of the Bench in and selection procedure for the
Judges of the Supreme Court of India, wherein the interference of the Executive has shrouded the
independence of the Judiciary. Nariman clearly bats in favor of the autonomy/ supremacy and of
Judicial Governance while arguing out the respective roles of the Executive, Legislature and the
Judiciary thus: The Constitution, as drafted and as it exists today, has placed the judges of the
supreme judiciary in the driving seat of Governance Governance with a capital G.
With regard to the Fundamental Rights, he takes a very emphatic stand: The freedom of the
citizen is not bestowed by the Constitution of India, but guaranteed by it. Freedom is primary
and the Constitution is its safeguard; therefore, the Fundamental Rights of the citizen cannot be
compromised on any count.xi This belief is so strong in him that it led to his resignation, in
protest, from his post as Additional Solicitor General of India when the internal emergency was
declared by Indira Gandhi in 1975 and all civil liberties of the citizen were suspended.

xii

This

gesture rather shot Nariman to reach astronomical heights in terms of achieving prestigious
positions both nationally and internationally.

xiii

He was, is and will continue to remain a

crusader of individual 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. Without indulging in self-mortification, he learnt to respect his
opponents and take criticism in his stride.xiv This encapsulates the essence of his illustrious
career.xv
Nariman recalls his brush with the case where he represented the Gujarat Government in the
matter of the Narmada rehabilitation but resigned shortly after attacks on Christians in the area
and the burning of copies of the Bible In December 1998 Nariman returned the brief and said
that I would not appear for the state of Gujarat in this or any other matter.
A career that spans almost six decades has been beautifully woven by a master storyteller who
enthralls his readers by his simplicity, humility and brilliant candor.xviWith its exotic and rich
literary and cultural eloquence, Before Memory Fades is a testimony to the vibrant and
invigorating intellectual forces that go into the making of the nation today. For the common
reader it is instructive and enjoyable. Second Judges Case won by Nariman is a case where the
master luminary said, A Case I Won But I Would Prefer to Have Lost. Criticizing his own
win, Nariman said I dont see what is so special about the first five judges of the Supreme
Court. They are only the first five in seniority of appointment not necessarily in superiority of
wisdom or competence. I see no reason why all the judges in the highest court should not be
consulted when a proposal is made for appointment of a high court judge (or an eminent
advocate) to be a judge of the Supreme Court. I would suggest that the closed-circuit network of
five judges should be disbanded.
The commitment of Nariman to the cause of social justice, (Union Carbide, notwithstanding), xvii
Nariman argued in favor of Dow chemicals (the owned by Union carbide) in the
infamous Bhopal gas disaster case, which he admitted as a mistake in recent times. He was
instrumental in getting a deal between victims and the company outside court, which offered an
amount of $470 million to the victims.

Particularly enlightening is his admiration for Jawaharlal Nehru whom he gives the penultimate
word in the autobiography in order to focus upon the secular nature of India.

xviii

Secularism is

dear to him, as he reinforces its validity in the current scenario: he ends the autobiography by
saying these rather immortal words.
I have lived and flourished in a secular India. In the fullness of time, if God wills, I would also
like to die in a secular India.
His eloquent word wrings inspiration and fills the readers persona with admiration for a man,
who is so simple yet so extraordinary. His reverence for the legal system, his faith in freedom as
a human value in itself, his belief in judicial activism and the Constitution, his admiration for
courage of conviction in colleagues and his own convictions, his quiet tribute to non- violence
and humility, his erudition, shine through the pages and he endears himself to the reader for
eternity. Long Live Fali Nariman!
In nutshell 'Before Memory Fades' is an eloquently written book by Nariman, full of very
interesting anecdotes, weaving a rich survey of Indian judges, lawyers, covering a plethora of
court cases, political situations and circumstances. It is a must read for all the aspiring lawyers as
well as students cutting across all subjects and disciplines.xix

REFERENCE
FALI S. NARIMAN: AN AUTOBIOGRAPHY, BEFORE MEMORY FADES (2014).

ENDNOTES

iNariman is the recipient of the Padma Bhushan (1991) and the Padma Vibhushan (2007). He is an
internationally recognized authority on international arbitration. He is one of India's most distinguished
constitutional lawyers and has argued several leading cases.
ii Nariman is the recipient of the Padma Vibhushan (in 2007) and Padma Bhushan (in 1991), respectively the
second and third highest honors granted to civilians by the President of India. Both awards were for Nariman's
contributions to jurisprudence and public affairs. Nariman was awarded the Gruber Prize for Justice in 2002, in
recognition of his distinguished service in the field of jurisprudence and also received the Global Medal Laurel
at the International Conference of World Association of Press Councils.
iii Mr. Nariman began his law practice at the Bombay High Court and was appointed a Senior Advocate in the
Supreme Court of India in 1971, a position he retains till date.
iv His love for his mentor is something worth mentioning. He imbibed the high morals and ideals of being a
competent and humble lawyer from Mr. Kangas practice. It was him who helped Fali understand that the art of
advocacy - is to make simple what is complicated and vice versa.
v It is a commentary on the most important court cases like Shankari Prasad (1951), Sajjan Singh (1965),
Golaknath (1967), Keshavananda Bharti (1973), and Minerva Mills (1980) which laid the fundamental basis of
the Indian Constitution.
vi He argued in the famous case of the Supreme Court AoR Association, in which the Supreme Court took over
the appointment of judges in the Higher Judiciary. He also appeared in many important cases like Golak Nath,
S.P. Gupta, T.M.A. Pai Foundation, etc.
vii Fali Sam Nariman was born to a staunch Parsi family in Rangoon. Ironically enough, his father wanted him
to train as an Indian Civil Servant, but he ended up pursuing Law as a last resort, for a paucity of funds.
viiiARUNAV PATNAIK, A CONSCIENCE KEEPER, AVAILABLE AT http://blogs.timesofindia.indiatimes.com/rovingi/nariman-pay-your-dues-to/ (Last visited on February 12, 2015).
ix Nariman was blessed with two children namely Rohniton Nariman and Anheeta Nariman. He talks very
lovingly about his kids when he says Bapsi and I have been blessed with the finest and most intelligent children
that one could wish for. Rohinton Nariman currently is a judge of the Supreme court whereas Anaheeta is a
highly specialsed speech therapist.
x Example Bennet Coleman and Company Limited vs. Union Of India, Newsprint Case (1973), etc.
xi CHIRANJEET KAUR, BEFORE MEMORY FADES, AVAILABLE AT http://www.museindia.com/regularcontent.asp?
issid=35&id=2441 (Last Seen on February 12, 2015).

xiiThis autobiography gives a detailed insight of the National Emergency in 1975, when he was the Additional
Solicitor General of India. He chose to be the Additional Solicitor General of India in 1972. Fali S. Nariman
deserves all plaudits for being the only public officer in the country to have registered his protest against the
suppression of civil liberties, when he resigned from the post of Additional Solicitor General of India in
opposition to the autocratic declaration of Internal Emergency in 1975 by the Indira Gandhi government. He
handled many top notch cases and thoroughly enjoyed his brief stint.
xiii To name a few, he is an Honorary Member of the International Commission of Jurists; a past President of the
Law Association for Asia and the Pacific (LAWASIA); has been a member of the Court of the London Court of
International Arbitration (LCIA), a past Vice Chairman International Court of Arbitration of the International
Chamber of Commerce (ICC) in Paris; and a past Co-Chair of the Human Rights Institute of the IBA. He has
served as the President of the International Council for Commercial Arbitration (ICCA).
xiv The best advice that one can give with sincerity is the lesson that one has learnt oneself he says and cites
an instance when during a hearing he harshly interrupted his opponent, Kirit Raval, and was nasty to him. While
Raval did not utter a word, the Judge pulled up Nariman and said Mr. Nariman, I think it is time you retire.
Nariman was stung by the rebuke but says the Judge was absolutely right. No matter what your age and
standing at the Bar, it will just not do to be rude to your opponent.
xv Available at http://blogs.timesofindia.indiatimes.com/roving-i/nariman-pay-your-dues-to/ (Last visited on
February 12, 2015).
xvi An Autobiography reflects his concern for the welfare of the judiciary, his firm conviction in the principles
laid down by the constitution and his views on the troubled relationship between political power and the
Judiciary.(available at http://www.amazon.in/Before-Memory-Fades-An-Autobiography/dp/9381431450 , Last
visited on February 12, 2015).
xvii Nariman the lead counsel for the Union Carbide Corporation received severe criticisms while representing
the company. Tribune des Droits Humains described him as a 'Fallen Angel', questioning his reputation as a
human rights activist. In this autobiography Nariman has reproduced the letter that he wrote in response to the
published article in which he defends himself by stating that the suggestion that lawyers who are human rights
activists should not accept briefs of those who violate the human rights of others', is impractical and fraught
with grave consequences as it puts an almost impossible burden on the lawyer of pre-judging 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 by a 'lawyer of his choice - in my country, a guaranteed constitutional right.
xviiiSURAJIT BHADURI, BEFORE MEMORY FADES, AVAILBALE AT
http://www.indialawjournal.com/volume3/issue_4/book_review.html (Last Visited on February 12, 2015).
xix NEERAJ KUMAR, BEFORE MEMORY FADES, AVAILABLE AT http://jadaun.blogspot.in/2013/01/book-reviewbefore-memory-fades.html (Last visted on February 12, 2015).