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After being in legal practice for 67 years, I was at first reluctant to write about my professional life because of what C K Daphtary once told me wh… - Fali Sam Nariman
" "After being in legal practice for 67 years, I was at first reluctant to write about my professional life because of what C K Daphtary once told me when I pleaded with him to write his own memoirs. “What?” he said angrily, “shall I write one like Setalvad did?” He was referring to the autobiography of a great attorney general Motilal Setalvad — in part self eulogizing. But I was getting on in age and getting forgetful as well, exemplified in that Mathew Arnold quote at the very beginning of the book: “And we forget because we must, and not because we will.” So I compromised. I wrote out the story of my life at the Bar trying to keep the old ego strictly under control. If I have not wholly succeeded, it is only because a man’s ego just cannot be suppressed!
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About Fali Sam Nariman
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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Additional quotes by Fali Sam Nariman
There is one thing about “our tiny Parsi community” that you must know, which is that to us (or at least to most of us) the one thing greater than being a Parsi is being an Indian. I am proud of the fact that our community rejected the offer made at the time of drafting of India’s Constitution — to Anglo Indians and Parsis alike — to have, for at least 10 years, one special representative in Parliament. Sir Homi Mody said in the Constituent Assembly that Parsis would rather join the mainstream of free India. And we did. We have no regrets. I must also tell you that the “tiny Parsi community” not only churns out legal luminaries, but produces geniuses in the medical field as well. As to how it is that we have been formidable in the legal and medical world, I just cannot say. But I like to think that it is because of our religion — a religion of good morals, which Parsi Zoroastrians find difficult to explain, but easy to live by.
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.
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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.
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