Nani Palkhivala, Indian jurist and civil rightsactivist who was revered in India as a top authority on constitutional law and government finance.
Born On 16-1-1920 in Bombay he was known as Nani Palkhivala—a household name, not only amongst lawyers, but throughout the length and breadth of our country. who became an authority and a guardian of our Constitution in later years
Physically he was not impressive. A young, slim boy measuring about 5 feet 7 inches in height and not having many kilos to carry. Nani Palkhivala was not born with a silver spoon in his mouth. He hailed from a humble Parsi middle-class working family. His ancestors were in the profession of making and fixing “palkhis,” namely, palanquins, to be fitted to horse carriages of those times. Hence the surname Palkhivala, which like many Parsi surnames, is associated with a particular calling or profession.
Nani Palkhivala’s schooling was in Master’s Tutorial High School in Bombay. He was a brilliant student and did extremely well despite his initial handicap of stammering which he overcame by sheer willpower. After matriculation he joined St. Xavier’s College, Bombay and completed his MA in English Literature. In younger days, he did take to music and played the violin reasonably well. But the spell of Apollo was short-lived. Music was not one of his passions in later life.
Palkhivala applied for a Lecturer’s post at Bombay University. To his surprise and regret, a Parsee girl was appointed to the post. With admission to most other courses closed, he enrolled at Government Law College, Bombay. This is one instance how destiny plays a role in one’s life.
If Palkhivala got the Lecturer’s post, we would have had a brilliant Professor but the world of law and public life would have been a loser. Nani was eternally grateful to the young lady Professor
It was not long before Palkhivala started arguing cases himself. The validity of the Administration of Evacuee Property Act and the Bombay Land Requisition Act were challenged. Nani was in the forefront of the legal challenges to these Acts which, however, were repelled by the Bombay High Court. Those familiar with the legal profession know that a lawyer often makes his mark not only by the cases he wins but by the quality of his performance in cases where the ultimate result is not favourable.
He felt that the action of the Government of India apart from being unconstitutional was in breach of constitutional morality. He firmly believed that:
“The survival of our democracy and the unity and integrity of the nation depend upon the realisation that constitutional morality is no less essential than constitutional legality. Dharma(righteousness; sense of public duty or virtue) lives in the hearts of public men; when it dies there, no Constitution, no law, no amendment, can save it.”
Freedom of expression and freedom of the press are the cornerstones of democracy, the Ark of the Covenant of our Constitution. A disingenuous attempt was made to stifle press freedom through the machinery of the import control regulations by imposing severe restrictions on the import of newsprint. This judgments is another instance of the generous protection accorded to press freedom by our judiciary.
Palkhivala had deep respect, indeed reverence for the Constitution. He realised the importance of preserving the cardinal values of the Constitution, its basic and essential features. His favourite quotation was the statement of Joseph Story, the great American jurist, who said:
“The Constitution has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour by the folly, or corruption, or negligence of its only keepers, THE PEOPLE.”
Nani, however, was at his forensic best in his arguments before the Bench which was specially constituted to reconsider Kesavananda Bharati. In the words of one of the Judges on the Bench “the heights of eloquence to which Palkhivala had risen have seldom been equalled and never been surpassed in the history of the Supreme Court”.
Decision of the Supreme Court in Minerva Mills was another of Nani’s triumphant efforts to prevent the defacement and defilement of our Constitution. His unsurpassable advocacy in the case led the Supreme Court to declare that clause (4) of Article 368 of the Constitution which excludes judicial review of constitutional amendments was unconstitutional.
Nani’s intimate knowledge of taxation law and mastery of constitutional principles were at play in the challenge to the validity of th The citation he received from Princeton University is worth reproducing as it epitomizes Nani’s basic qualities:
“Defender of constitutional liberties, champion of human rights, he has courageously advanced his conviction that expediency in the name of progress, at the cost of freedom, is no progress at all, but retrogression. Lawyer, teacher, author, and economic developer, he brings to us as Ambassador of India intelligence, good humour, experience, and vision for international understanding….”
Palkhivala has received recognition from renowned academics. In the book Working a Democratic Constitution by the eminent Granville Austin, reference to Palkhivala occurs at sixteen pages.
Palkhivala has received citations and honorary degrees of Doctor of Laws from various universities such as Princeton University, New Jersey, and Lawrence University, Wisconsin, Annamalai University, Tamil Nadu University and the University of Mumbai.
Palkhivala was ailing for a long time. It was painful to see that a person so eloquent and articulate was unable to speak or recognize persons except occasionally in a momentary flash. He answered the Inevitable Summons from his Maker on 11-12-2002. Earth received an honoured guest as Palkhivala was laid to rest.
Rajagopalachari rightly said of Palkhivala, “He is God’s gift to us”. Nani Palkhivala’s passing away has indeed left a dent in Indian humanity. Born of the sun he travelled a while towards the sun, and left the vivid air signed with his honour.
Department of Posts commemorative postage stamp on 'Nani A. Palhivala'
Issued Date 16. 01.2004
Denomination: 500 Paise
No comments:
Post a Comment