BEFORE MEMORY FADES - FALI S.

NARIMAN

Before Memory Fades is a personal narrative of the life of Fali S. Nariman, a senior advocate in
Supreme Court of India. A very reputed lawyer, both nationally and internationally, Nariman has
been associated with high profile cases which find a special mention in this book. The book
discusses his life right from his childhood days spent in Rangoon, shifting to Bombay due to the
Japanese takeover of Rangoon, his life thereafter in Bombay and how he decided to take up law
as a career, his subsequent practice in Bombay High Court which started in the chambers of
Jamshedji Kanga- whose humility greatly influences Nariman, his upgradation as the Attorney
Solicitor General (ASG) and his shifting to Delhi with his wife-Bapsi, his becoming a member of
the Rajya Sabha for a full term of six years, his receiving the Padma Vibhushan, etc.
He talks very highly of his marriage with Bapsi while attributing his success to the constant
support of his wife through thick and thin. He describes his grandmother with great affection and
respect as well. He also very proudly mentions the achievements of his children. This shows the
existence of a convivial relationship with his family which goes a long way in the making of a
great personality. The autobiography, however, mainly revolves around his life as a legal
practitioner while giving profound instances of his relationship with eminent judges and lawyers.
The writing style is typical of a lawyer with many footnotes and side notes within parentheses
which do not make up for a great piece of literature. But literary perfection is not what the book
seeks to achieve. It is mostly full of anecdotes of great judges and lawyers. The book has
presented his adulation for witty people and their ability to get out of difficult situations with
great ease. An elaborate description of the righteous and reformative character of judges like
Justice Krishna Iyer and Justice Subba Rao finds a lot of mention in this book. The readers get a
personified view into the legal world which is like a breath of fresh air from the usual monotony
associated with the legal field. The book also throws light on how it is essential for a lawyer to
maintain healthy contacts with people. It can land one with great opportunities. One of the many
examples elucidating this is how he got appointed as the Attorney Solicitor General (ASG) of
India. Nariman also accounts his denial of judgeship offered to him on two occasions. Once by
Justice Sorab Kotwal for Bombay High court which he could not accept due to financial reasons

and the other by Justice Y V Chandrachud, but this time, because he thought he could not
become a good judge.
The book has advice which is integral for a law student. He has also provided insight in the Inter
Water Disputes and the manner in which they are handled in India while providing suggestions
for improving them in the long term as well as short. The book thus becomes an essential read
for lawyers and law students by providing them with an insight inside the mind of a legal
luminary. His opinion of eminent personalities reflects his admiration of people with values of
integrity, humility and genuineness. His high regard for compassion and humility can be seen
from his accounts of the Dalai Lama and Mother Teresa.
The autobiography has also touched a sensitive side of law -which most people turn a blind eye
to- the conflict, the dissents and the repercussions of going against the state. This is most
elaborately described in his critique on the proclamation of Internal Emergency of 1975 due to
which he resigned from his post of ASG. The mention of his resignation has been made quite a
few times in the book. This shows his firm belief in his principles and his readiness to go to any
extent to practice them. He calls the Emergency as phoney and orchestrated by close ones to
Indira to bring a stay on the Allahabad HC Judgement 1 to not allow Indira Gandhi to hold public
office on charges of corruption. In retrospect, he says, the emergency made the many people
realize the importance of their rights to lead a civilized existence. Discussion on the plight of
transferred judges during the Emergency who dared to go against the Government shows the
situation in the judiciary. One such judge was Justice Rangarajan who has been greatly admired
in the book.
A lot of criticism was received by Nariman for his role as an advocate for Union Carbide
Corporation in the Bhopal Gas Tragedy case. An unconvincing presentation of his defense has
been made in this regard. Cases like Golakhnath 2, Kesavananda Bharati3, Bennet Coleman4 and

1 Indira Gandhi v Raj Narain, 1975 SCC (2) 159.

2 Golakhnath v State of Punjab, 1967 SCR (2) 762.
3 Kesavananda Bharati v. State of Kerala, 1973 SCC (4) 225.
4 Bennet Coleman v Union of India, 1973 SCR (2) 757.
2

St. Xaviers College Ahmedabad v State of Gujarat 5, ADM Jabalpur v Shukla6, Supreme Court
Advocates-on-Record Association v Union of India7 (which he would have preferred to lose) etc.
that have gone a long way into shaping the legal environment in the country have also been
discussed. They show how every case has a background which is essential to the forming of the
opinions of judges and how having a strict constructionist view while deciding upon cases can be
detrimental to the decision of such cases. He elucidates his concern for the judiciary while
discussing these cases.
The autobiography is marked with the presence of clarity and coherence. The shortcomings,
though, are the lack of personal perspective of Nariman on issues mentioned. The reader is left
with many anecdotes to infer this from. However, the book is much more than just a collection of
anecdotes. A close analysis of the book reveals Nariman to be a very warm and accommodative
person who respects opposing views, a quality very few eminent lawyers possess. And finally,
the book also serves as a gentle reminder of the huge impact a lawyer can have on society.

5 St. Xaviers College Ahmedabad v State of Gujarat, 1975 SCR (1) 173.
6 ADM Jabalpur V. Shivkant Shukla, 1976 SCC (2) 521.
7 Supreme Court Advocates-on-Record Association v Union of India, 1993 SCC (4) 441.
3