"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 o… - Fali Sam Nariman

"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.

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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

For aspiring law students I would like to say in your career, never try to show off. There is a tremendous amount of knowledge to be learnt, there is a tremendous amount of experience to be had in the field of law and no one can say “I’m on top and I know everything”. No, you don’t. The moment you say, you know everything, I’m afraid that’s the beginning of your downfall. It’s a never-ending process of learning and humility is essential because you can never learn the law. At the age of 92 my senior Jamsetjee Kanga used to say “I’m still learning” and he really meant it. If an odd chap walked into his chamber, he would just pick up a case and tell us about it, he was like a wizard. He could spot the most important point in the case, unlike us.

In my view, I’m most fascinated by constitutional law. How to work the constitution is far more important than how to write it. It is much easier to write the constitution. I recall when the Foreign Minister of Bangladesh came to visit me, (to draft the Bangladesh Constitution). I was the Additional Solicitor General then. We gave them ideas and drafts were exchanged, but it didn’t last for more than a couple of years. Writing a constitution is simpler; borrowing ideas from everywhere is nothing great. How to work the constitution is a grave challenge and it’s fascinating.

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