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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 … - Fali Sam Nariman
" "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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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.
"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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