Fali Sam Nariman | |
|---|---|
 The President, Dr.A. P. J. Abdul Kalam (left), presenting Padma Vibhushan to Shri Fali Sam Nariman on 23 March 2007. | |
| Born | (1929-01-10)10 January 1929 |
| Died | 21 February 2024(2024-02-21) (aged 95) New Delhi, India |
| Alma mater | University of Mumbai |
| Occupations |
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| Spouse | Bapsi F. Nariman |
| Children | Rohinton Fali Nariman |
Fali Sam Nariman (10 January 1929 – 21 February 2024) was an Indian jurist. He was a senior advocate to theSupreme Court of India from 1971 and was the President of the Bar Association of India from 1991 to 2010.[1][2] Nariman was an internationally recognised jurist oninternational arbitration and was also noted for his impact on constitutional jurisprudence in India.[3][4] He was honoured with the 19thLal Bahadur Shastri National Award for Excellence in Public Administration in 2018. He was one of India's most distinguished constitutional lawyers and argued several leading cases.[5] He was theAdditional Solicitor General of India from May 1972 to June 1975.[6]
Nariman was awarded thePadma Bhushan (1991),[7]Padma Vibhushan (2007)[7] andGruber Prize for Justice (2002)[2] and was a nominated member of theRajya Sabha, the Upper House of theParliament of India for a term (1999–2005).
Born in 1929 inRangoon toParsi parents Sam Bariyamji Nariman and Banoo Nariman, Fali did his schooling from theBishop Cotton School,Shimla. He then graduated in Economics and History from theSt. Xavier's College, Mumbai, followed by a law degree (LL.B.) from theGovernment Law College, Mumbai in 1950, after standing first in the Examination and being awarded the Kinlock Forbes Gold Medal and Prize for Roman Law & Jurisprudence.[6][2] His father initially wanted him to take theIndian Civil Service examination. Since he could not afford it at that time, he chose law as his last option.[8]
Nariman started his law practice at theBombay High Court. After practising for 22 years, he was appointed a Senior Advocate in theSupreme Court of India in 1971. He said that "My senior's senior, Jamsetjee Kanga was my mentor. He was like a father figure to me. He died at 93 and he is the one who, at the age of 92, told me that he was still learning. He had a tremendous memory and so does my sonRohinton. He was an Ordained Priest and so is Rohinton."[8]
Nariman was instrumental to the development of the Indian Constitution's Law. Nariman wasAdditional Solicitor General of India from May 1972 to 25 June 1975, resigning from that post upon theDeclaration of Emergency on 26 June 1975.[9]
Nariman argued in favour ofUnion carbide in the infamousBhopal gas disaster case, which he later admitted was a mistake.[10] He was instrumental in getting a deal between victims and the company outside court, which offered an amount of $470 million to the victims. He also 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 likeGolak Nath,S.P. Gupta,T.M.A. Pai Foundation, etc.[11]
Nariman was the recipient of thePadma Vibhushan (in 2007) andPadma Bhushan (in 1991),[7] respectively the second and third highest honours granted to civilians by thePresident of India. Both awards were for Nariman's contributions to jurisprudence and public affairs. Nariman was awarded theGruber Prize for Justice in 2002.[2] He dedicated his awards to his alma materBishop Cotton School in Shimla.
Nariman was aPresident-appointee member of theRajya Sabha (the upper house of theParliament of India) between 1999 and 2005.[12] He served as President of International Council for Commercial Arbitration from 1994 onwards, President of the Bar Association of India from 1991, Vice-chairman of the Internal Court of Arbitration of theInternational Chamber of Commerce from 1989, honorary member of the International Commission of Jurists from 1988, and member of theLondon Court of International Arbitration from 1988. He was appointed to the advisory board of theUnited Nations Conference on Trade and Development in November 1999, and served as chairman of the executive committee of theInternational Commission of Jurists from 1995 to 1997.[13]
Nariman represented theGujaratgovernment 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.[8]
In December 2009 theCommittee on Judicial Accountability stated that it considered that recommendations for judicial appointments should only be made after a public debate, including review by members of the bar of the affected high courts. This statement was made in relation to controversy about the appointments of justicesC. K. Prasad andP. D. Dinakaran. The statement was signed byRam Jethmalani,Shanti Bhushan, Fali Sam Nariman,Anil B. Divan,Kamini Jaiswal andPrashant Bhushan.[14]
On 17 October 2014, he appeared for the formerChief Minister of Tamil NaduJ. Jayalalitha in a conviction and obtained bail for her, which had earlier been rejected.[15]
Nariman was Hindustan Coca-Cola Beverages' legal counsel in thePlachimada dispute.[16]
Nariman was married to Bapsi F. Nariman, since 1955, and the couple had two children, a son and a daughter and lived in New Delhi.[17] His son Rohinton Nariman was a Judge of the Supreme Court of India, who had also held the post of theSolicitor General of India from 2011 to 2013.[18]
TheVis Moot East'sFali Nariman Award for 'Best Respondent's Memorandum' is named after Nariman.
Fali Sam Nariman died on 21 February 2024, at the age of 95.[19]
Nariman's autobiography is called "Before Memory Fades: An Autobiography".[4]
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