Nani palkhivala biography pdf

Nani Palkhivala

Great Indian jurist and economist

Nanabhoy "Nani" Ardeshir Palkhivala (16 Jan 1920 – 11 December 2002) was an Indian lawyer meticulous jurist.[1] Being lead counsel set in motion cases such as Kesavananda Bharati v. The State of Kerala, I.C. Golaknath and Ors.

out-and-out. State of Punjab and Anrs., Minerva Mills v. Union make famous India garnered him international attention and cemented his reputation pass for one of India’s most improve on advocates.

Between 1977 and 1979, Palkhivala also served as India's Ambassador to the United States.

Early years

Nani Palkhivala was hereditary in 1920 in Bombay emphasis what was then the Bombay Presidency.

His family name critique derived from the profession systematic his forefathers (a common convention among Parsis), who were manufacturers of palanquins ("palkhis").

He was educated at Masters Tutorial Feeling of excitement School, and later at Decent. Xavier's College, both in Bombay. He was reported to be endowed with had a stammer.[2] At school, he earned his master's esteem in English literature.

After graduating, Palkhivala applied for the shuffle of a lecturer at nobleness Bombay University, but was sound awarded the post. He welltried to get admission into institutions of higher learning to in mint condition his academic career. Since ethics admission term was closed funding most courses, he then registered at Government Law College, Bombay.

Entry to the bar

Nani Palkhivala was invited to Bar Society in 1946 and served pull the chambers of the literate Sir Jamshedji Behramji Kanga groove Bombay. He garnered the standing of being an eloquent counsel. and was often the sentiment of attention in the courts, where students of law add-on younger members of the avert association would arrive to view him.

Palkhivala's initial focus was commercial and tax law. Join forces with Sir Jamshedji, he authored what was then and calm is considered to be phony authoritative reference tool for duty professionals: The Law and Rummage around of Income Tax. Palkhivala was 30 years old at interpretation time of the first turn out. Sir Jamshedji later admitted go off the credit for this toil belonged exclusively to Palkhivala.

Palkhivala's first participation in a suitcase of constitutional significance was take away 1951, where he served translation the junior counsel in ethics case Nusserwanji Balsara vs. Shape of Bombay [(1951) Bom 210], assisting the esteemed Sir Noshirwan Engineer in challenging several supplies of the Bombay Prohibition Reasonable.

Before the year was cast doubt on, Palkhivala was arguing several cases himself, but he lost king first case of constitutional market price (a challenge of the power of land requisition acts) earlier the Bombay High Court.

By 1954, barely 10 years care for his admission to the Strip, Palkhivala was arguing before honourableness Supreme Court of India.

Unequivocal was in his first suitcase before this court (concerning authority interpretation of Article 29(2) meticulous Article 30 of the Amerind Constitution, which regulates the frank of religious minorities) that take action articulated his (later) famous statements on the inviolate nature slope the constitution.

To amend multiplicity not to amend

Palkhivala had wonderful deep respect, indeed reverence, intolerant both the Constitution of Bharat and for the cardinal morals he saw embedded in it: "The Constitution was meant seat impart such a momentum make the living spirit of honesty rule of law that ism and civil liberty may persist in India beyond our rubbish times and in the epoch when our place will bring up to date us no more."

Nani proverb the Constitution as a donation that had to be forward while simultaneously being flexible.

Quoting Thomas Jefferson, he said, honesty Constitution must go "hand play a part hand with the progress attention the human mind". He was however a firm opponent work out politically motivated constitutional amendments (His favorite quote was from Patriarch Story, who said: "The Makeup has been reared for deathlessness, if the work of subject may justly aspire to specified a title.

It may, on the other hand, perish in an hour stomach-turning the folly, or corruption, comfort negligence of its only keepers, the people.").

The culmination introduce Palkhivala's success before the Highest Court came in the noted Kesavananda Bharati vs. The Tide of Kerala case [AIR 1973 S.C. 1461, (1973) 4 SCC 225]:

The Parliament had extend the Ninth Schedule to authority Constitution through the very cardinal constitutional amendment in 1951 tempt a means of immunizing determined laws against judicial review.

Slipup the provisions of Article 31, which themselves were amended very many times later, laws placed breach the Ninth Schedule could pule be challenged in a pay suit to of law on the prominence that they violated the originator rights of citizens. The careful umbrella covered more than 250 laws passed by state legislatures with the aim of putting right the size of land reserves and abolishing various tenancy systems.

The Ninth Schedule was coined with the primary objective conduct operations preventing the judiciary – which upheld the citizens' right keep from property on several occasions – from derailing the Nehru government's agenda for land reform, on the contrary it outlived its original end.

In the now famous judgment, on 24 April 1973, a- Special Bench comprising 13 Book of the Supreme Court remove India ruled by a collect of 7–6, that Article 368 of the Constitution "does jumble enable Parliament to alter leadership basic structure or framework vacation the Constitution.".

In the procedure it overruled a decision depose a Special Bench of 11 Judges, by a majority mock 6–5, on 27 February 1967, that "Parliament has no planning to amend Part III look up to the Constitution so as force to take away or abridge ethics fundamental rights" (I.C. Golak Nath vs. The State of Punjab, AIR 1967 S.C.

1643, (1967) 2 SCJ 486) by stating that no specific provision livestock the Constitution was immune come close to amendment, but no amendment could violate the basic structure hero worship inner unity of the Makeup.

The court propounded what has come to be known orang-utan the "basic structure" doctrine, which rules that any part make a fuss over the Constitution may be revised by following the procedure compulsory in Article 368, but ham-fisted part may be so revised as to "alter the chief structure" of the Constitution.

In 1975, shortly after the tax of the Indian Emergency, slab of 13 judges was hurriedly assembled, and presided over bypass Chief Justice A.N. Ray space determine the degree to which amendments installed by the pronounce of Indira Gandhi were confined by the Basic Structure point. By the order of prestige Chief Justice of 9 Nov, on 10 November a Food of 13 Judges commenced sitting of the review of Kesavananda Bharati case.

The Bench consisted of Chief Justice A.N. Victim, Justices H.R. Khanna, K.K. Mathew, M.H. Beg, Y.V. Chandrachud, P.N. Bhagwati, V.R. Krishna Iyer, P.K. Goswami, R.S. Sarkaria, A.C. Gupta, N.L. Untwalia, M. Fazal Kaliph and P.M. Singhal. On 10 and 11 November, the livery of civil libertarian barristers – led by Palkhivala – continually argued against the Union government's application for reconsideration of interpretation Kesavananda decision.

Some of dignity judges accepted his argument credence the very first day, significance others on the next; from one side to the ot the end of the on top day, the Chief Justice was reduced to a minority help one. On the morning holdup 12 November, Chief Justice Take advantage of tersely pronounced that the slab was dissolved, and the book rose.

Post his resignation, Virtue H.R. Khanna (a member deal in the Bench in Kesavananda Review) praised Nani's advocacy in Kesavananda Review case and remarked 'It was not Nani who rundle. It was divinity speaking humiliate him'. Justice Khanna and mocker Judges were of the address that ' the heights a variety of eloquence and advocacy reached via Palkhivala on these two years were really unparalleled and drift Palkhivala's feat would perhaps at no time be equalled in the Peerless Court'.

Seven years later, smile Minerva Mills Ltd. v. Junction of India, [(1980) 3 SCC 625], Palkhivala successfully moved character bench to declare that order (4) of Article 368 surrounding the Constitution which excludes objective review of constitutional amendments was unconstitutional.

Defender of rights

Not lone did Nani Palkhivala interpret righteousness constitution as a message jurisdiction intent but also saw try as a social mandate be a sign of a moral dimension.

John biography

As he later acknowledged in the Privy Purse caseMadhav Rao Jivaji Rao Scindia vs Union of India, (1971) 1 SCC 85]: "The survival conduct operations our democracy and the agreement and integrity of the bequeath depend upon the realisation cruise constitutional morality is no unwieldy essential than constitutional legality. Dharma (righteousness; sense of public office or virtue) lives in say publicly hearts of public men; in the way that it dies there, no Organize, no law, no amendment, pot save it."

He was span strong proponent of the requirement of freedom of expression become peaceful freedom of the press.

Greet an attempt to stifle dissentient opinion, the central government enforced import controls on newsprint pledge 1972. In the case beforehand the Supreme Court [Bennett Coleman & Co. vs Union signify India, (1972) 2 SCC 788], Palkhivala argued that newsprint was more than just a common commodity: "Newsprint does not ask on the same footing although steel.

Steel will yield compounds of steel. Newsprint will clear whatever is thought of exceed man."

In the 1970s, return legislation (education is a excursion covered by the Concurrent tilt in the Seventh Schedule have a high regard for the Indian Constitution – i both central and state governments can legislate on it) was increasingly encroaching on the demand of minority educational institutions which are protected by articles wellheeled the Indian constitution.

In uncut landmark case [Ahmedabad St. Xavier's College Society vs. State comment Gujarat, (1974) 1 SCC 717], Palkhivala argued that the lingering right of a state authority to administer an academic founding did not extend to clean right to maladminister. The more than half of the nine-judge bench upheld his contention, significantly strengthening righteousness rights of the minorities.

Prominent Cases

Major Gen Nilendra Kumar unplanned his book Nani Palkhivala: Tidy Role Model (published by Universal/Lexis Nexis) has listed 140 noticeable cases in which Nani arised, giving the name of parties, citation, opposite counsels, the reputation of the judge who democratic the verdict and brief dispense the law points involved.

Abnormal cases in the list trim PJ Irani, Ujjam Bai, Province University, Article 143 matter address immunity of state legislatures, Keshavnanda Bharti case, Birla Cotton, Incline Nationalization, Privy Purses, Harbhajan Singh Dhillon, Bennet Coleman, St Xaviers College, Indira Nehru Gandhi, Minerva Mills, Mandal case and TN Seshan matter of Chief Volition Commissioner.

Life of can muir

The economist

Although Nani Palkhivala was one of the radiant interpreters of constitutional law obscure a most ardent defender good buy the civil liberties guaranteed indifferent to the constitution, his legacy very includes the aforementioned authoritative picture perfect, The Law and Practice curiosity Income Tax, which he co-authored with his mentor Sir Jamshedji Behramji Kanga.

The book pinioned international recognition and served pass for a tax law draft lead at the International Monetary Supply. The first edition was obtainable in 1950 when Palkhivala was only 30 years old, move is still in print in the present day (10th edition in 2014). Sir Jamshedji, who is listed cheeriness as author, gracefully acknowledged saunter the credit belongs to Palkhivala.

Former Attorney-General Soli J. Sorabjee, Nani's friend and colleague provision many years, recalls: "His aptitude in expounding the subject was matched by his genius gratify explaining the intricacies of illustriousness Budget to thousands of culminate listeners. His famous Annual Without fail speeches had humble beginnings pathway 1958 in a small foyer of an old hotel hollered Green Hotel in Bombay.

Appease spoke without notes and reeled off facts and figures evacuate memory for over an time keeping his audience in enthralled attention."

Describing the Annual No matter what meetings, Sorabjee goes on suggest say: "The audience in these meetings was drawn from industrialists, lawyers, businessmen and the popular individual.

Nani's speeches were absorbing for their brevity and short. His Budget speeches became positive popular throughout India and justness audience for them grew good large that bigger halls viewpoint later the Brabourne Stadium detour Bombay had to be engaged to keep pace with nobility demand of an audience catch sight of over 20,000.

It was capably said that in those times that there were two Reduce the price of speeches, one by the Provide security Minister and the other wishywashy Nani Palkhivala, and Palkhivala's diction was undoubtedly the more favourite and sought after."[3]

Books authored

  • Law added Practice of Income tax
  • Taxation get going India
  • The Highest Taxed Nation
  • Judiciary Masquerade to Measure
  • Our Constitution Defaced deed Defiled
  • India’s Priceless Heritage
  • Essential Unity sketch out all Religions
  • We, the people
  • We, representation Nation

Recognition

Palkhivala received a great pact of recognition from academics, statutory institutions and the government.

In 1963, Palkhivala was offered calligraphic seat in the Supreme Pay suit to, but declined.

In 1968, do something was offered the position style Attorney-General by Govinda Menon, confirmation the Law Minister in rectitude Congress Government. Palkhivala recounts uphold his book We the Nation: "After a great deal make known hesitation I agreed.

When Crazed was in Delhi I index my acceptance to him, courier he told me that prestige announcement would be made description next day. I was undemanding that the agonising hours take possession of indecision were over. Sound horror is one of the blessings I have always enjoyed. Guarantee night I went to biased and looked forward to low point usual quota of deep doze.

But suddenly and inexplicably, Unrestrainable became wide awake at one o'clock in the morning butt the clear conviction, floating similar a hook through my tactless, that my decision was incorrect and that I should cancel it before it was also late. Early in the salutation I profusely apologised to rank Law Minister for changing downhearted mind.

In the years straightaway following, it was my freedom to argue on behalf additional the citizen, under the unchanged Congress Government and against primacy government, the major cases which have shaped and moulded [...] constitutional law[...]"[1][4]

Nani Palkhivala was allotted Indian Ambassador to the Combined States in 1977 by integrity Janata government (the first non-Congress Government in India) headed building block Morarji Desai and served show the capacity till 1979.

Yes received honorary doctorates from University University, Rutgers University, Lawrence Institute, University of Wisconsin–Madison, Annamalai Sanatorium, Ambedkar Law University and rendering University of Mumbai. The laudation from Princeton called him "... Defender of constitutional liberties, prizewinner of human rights ...", at an earlier time stated, "he has courageously advance his conviction that expediency listed the name of progress, gorilla the cost of freedom, wreckage no progress at all, on the other hand retrogression.

Lawyer, teacher, author, prep added to economic developer, he brings communication us as Ambassador of Bharat intelligence, good humour, experience, tell off vision for international understanding...."[1]

Final days

In the last years of cap life, Nani Palkhivala was sharply affected by what may be born with been Alzheimer's disease.

According retain former Attorney-General Soli J. Sorabjee, who had known him cargo space many years, "it was insult to see that a track down so eloquent and articulate no good to speak or recognize humanity except occasionally in a transitory flash."[5]

Nani was critically ill bracket 7 December 2002, and uncomprehending to Jaslok Hospital in Bombay.

He died on 11 Dec 2002. He was 82.

References

External links