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" "...Don't be disheartened as so many have become - about quotas and reservations in education,"
Fali Sam Nariman (10 January 1929 – 21 February 2024) was an Indian legal legend, a Constitutional jurist and senior advocate to the Supreme Court of India. He is also an internationally recognised authority on international arbitration. He was also Additional Solicitor General of India, Rajya Sabha Member of Parliament of India, and President of the Bar Association of India. He has played a key role in establishing and enforcing the law in India. He had been honoured with the Padma Vibhushan, the second highest civilian award of India, and Gruber Prize for Justice.
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"A Case I Won – But I Would Prefer To Have Lost”. Criticizing his own win, Nariman said “I don’t 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.
Article 141 of the Constitution says that the law declared by the Supreme Court is binding on all courts and authorities in the territory of India. Unwillingly Article 141 has now become the thief of Judicial Time. The Laws' proverbial delays are not because there are too many laws, but because there are just too many reported judgments and orders concerning them. Cashing in on Art 141 every single case in the Supreme Court) and even in the High Courts-is dutifully printed and reported by a variety of competing reporting agencies who want their law reports to sell as widely as possible. The "judgement - factory" has become over - commercialized, and quite a large number of the 30 million cases now pending in various Courts in India can be attributed-atleast in part-to this peculiar Indian malady: "case-law diarrhoea".
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