1. About Fali S. Nariman
Fali S. Nariman (1929–2024) was a distinguished Indian jurist and senior advocate of the Supreme Court of India. With a legal career spanning over seven decades, he was one of India’s most respected constitutional lawyer, widely regarded as one of the finest legal minds in the country. He was awarded the Padma Bhushan in 1991 in recognition of distinguished services in the field of jurisprudence and the Padma Vibhushan in 2007 for exceptional services in the field of public affairs.
2. Fali S. Nariman’s Advocacy
Fali S. Nariman’s legal approach was deeply rooted in constitutionalism, integrity, and intellectual honesty. He believed in upholding the spirit of the Constitution rather than merely its letter, and his arguments often reflected a commitment to justice, fairness, and the rule of law. Nariman approached the law not just as a profession, but as a tool to preserve democratic values. He was known for his clarity of thought, respect for opposing views, and ability to present complex legal ideas with simplicity and precision. His courtroom demeanor was marked by humility, civility, and a deep respect for judicial institutions.
His main areas of advocacy included constitutional law, judicial independence, secularism, and civil liberties. He played a pivotal role in several landmark cases that shaped Indian constitutional jurisprudence. He was part of the Kesavananda Bharati case (1973), which established the Basic Structure doctrine, limiting Parliament’s power to amend the Constitution. He also contributed significantly to the 2015 case that struck down the National Judicial Appointments Commission (NJAC), thereby preserving the independence of the judiciary.
A staunch secularist, Nariman often spoke out against religious intolerance and political interference in the judiciary. His attitude towards the law was also academic and reformist—he engaged in public discourse, authored influential legal writings, and mentored future generations of lawyers. Overall, his legal philosophy emphasized ethical practice, judicial independence, and the responsibility of advocates to be guardians of constitutional democracy.
3. Quotes by Fali S. Nariman
"One very important thing that young lawyers must know is that when one argues a case and later in the evening you ponder over it and say, that's what I should have said (but you never said it), that's the only regret. It could have been the winning point or something you wish you had not said, which is even worse. If you get angry at that point in the courtroom, losing your temper can be a disaster. You can't afford it because your client suffers and nobody likes you for it. It all comes with age and practice."
~ Fali S. Nariman
"We in this country also need to make sure that the doors of learning are always kept open because India still belongs to the developing world."
~ Fali S. Nariman
"After all, for whose benefit was the Constitution enacted; what is the point of making all this pother about fundamental rights? I am clear that the Constitution is not for the exclusive benefit of governments and States; it is not only for lawyers, politicians and officials, and those highly placed. It also exists for the common man, for the poor and the humble for those who have businesses at stake, for 'the butcher, the baker, and the candlestick maker'. It lays down for this land a rule of law as understood in the free democracies of the world."
~ Fali S. Nariman
"If several post-Second World War democracries have gone to seed - replaced either by dictatorships or anarchy - the reason has been that when giving themselves freedom, they neglectedto educate themselves! The lack of education lies at the root of all problems - the problems of poverty, of overpopulation, and of the intolerance that is tearing apart the fabric of our society."
~ Fali S. Nariman
"Lord Atkin once said that an impartial administration of the law is like oxygen in the air; people know and care little about it till it is withdrawn."
~ Fali S. Nariman
"Law is a matter of the heart, as well as the head. You have to have compassion; it is one of the greatest qualities. Lord Denning and Justice Krishna Iyer have both said that compassion is extraordinarily important in the law, amongst lawyers and particularly amongst Judges. One must be able to assess whether a person has something genuine to say in a case."
~ Fali S. Nariman
"We should avoid relying on high-profile lawyers (with political inclinations) because with their argumentative skills, they are able to rationalize all forms of tyranny."
~ Fali S. Nariman
"Edmund Burke used to say that the study of law ‘renders men acute’, and that ‘they are able to augur misgovernment at a distance and sniff the approach of tyranny in every tainted breeze’."
~ Fali S. Nariman
"When you mention a famous race horse, they always ask you, ‘From which stable?’ The stable is important. It establishes the ancestry and the breed. When you name a lawyer who has done well, people ask you, ‘From which chamber?’ The chamber is important. It establishes the hierarchy and cultural tradition in which the lawyer has been reared."
~ Fali S. Nariman
"Because these two judges showed to their generation of justices, and the generation after that, as to how to approach cases that came before the highest court. It is because judges with a political or social agenda are so few in number that they are long remembered. I have always considered it significant and beneficial for the development of the law in India that judges-without-an-agenda have been the more numerous."
~ Fali S. Nariman
"I generally keep up to date with recent academic writings in law and literature; and to keep myself up to date I also subscribe to and browse through the New York Review of Books – a bi-weekly feature which gives all the current publications around the world – as well as the London Review of Books."
~ Fali S. Nariman
"If we search for the main reason why we have floundered over the past 60-plus years, and why we have not been able to successfully work the Constitution - despite the genuine efforts of politicians, lawyers and a string of commissions and committees - it is only because we have not had the will to implement the Directive Principles of State Policy, principles declared fundamental to the governance of the country ... making of laws is not enough. Applying and enforcing laws - which is also the primary duty of the state - require a certain idealism, a certain awareness of constitutional norms, which, alas, over the years, those in governance have totally ignored."
~ Fali S. Nariman
"As a nominated member of the Rajya Sabha, your most important intervention was in suggesting that before investigating corruption allegations against senior officers, the CBI should get approval from the Central Vigilance Commission (CVC) rather than the government. Didn't the rejection of your proposal show that all political parties are united in shielding corrupt officers?"
~ Fali S. Nariman
"The two great institutions of state to which I have been privileged to belong do appear from time to time to compromise themselves, as you say. However, I must assure you that but for these two great institutions we would never have emerged as a vibrant democracy. The late Justice R S Pathak once used a nice metaphor when I asked him how he would like to be remembered as a judge of the Supreme Court. He told me, with becoming humility: Every judge when he leaves the court must satisfy himself that he has left a little brick of his own making in that great edifice that is the Supreme Court of India."
~ Fali S. Nariman