Nani Palkhiwala, who was born on January 16, 1920, was one of the country’s finest jurists. A constitutional expert, he fought several famous cases related to fundamental rights in India as well as abroad. He also fought cases relating to India and Pakistan before the United Nations’ special tribunal in Geneva and the International Court of Justice in Hague.
Early Life
Nani Palkhivala was born on 16th January, 1920. Yes, he was born before independence and knew that fundamental rights were extremely important for the citizens of our country.
He was born in Mumbai and he died in the same city. Nani Palkhivala was not born with a silver spoon in his mouth. He hailed from a humble Parsi middle-class working family. His ancestors were in the profession of making and fixing “palkhis,” namely, palanquins, to be fitted to horse carriages of those times. Hence the surname Palkhivala, which like many Parsi surnames, is associated with a particular calling or profession.
Nani Palkhivala’s schooling was in Master’s Tutorial High School in Bombay. He was a brilliant student and did extremely well despite his initial handicap of stammering which he overcame by sheer willpower. After matriculation he joined St. Xavier’s College, Bombay and completed his MA in English Literature.
In younger days, he did take to music and played the violin reasonably well. But the spell of Apollo was short-lived. Music was not one of his passions in later life.
Palkhivala applied for a Lecturer’s post at Bombay University. To his surprise and regret, a Parsee girl was appointed to the post. With admission to most other courses closed, he enrolled at Government Law College, Bombay. This is one instance how destiny plays a role in one’s life. Had Palkhivala got the Lecturer’s post, we would have had a brilliant Professor but the world of law and public life would have been a loser. Nani was eternally grateful to the young lady Professor and treated her to a dinner for several years.
Career as a Jurist
Nani Palkhivala did improve his life and he completed his law degree. In the year 1946, Nani was called to the bar. He worked in the chambers of the famous Jamshedji Behramji Kanga. In few years, he gained recognition and became a well-known barrister.
Nani’s forte was tax law and commercial law. He joined hands with Jamshedji and co-authored a book called, ‘The Law and Practice of Income Tax’.
Do you know that he served as a professor in the same college where he did his law from? He was also the member of the first and second law commission. The jurist has fought a number of historical cases which he won hands down!
Nani was sometimes referred to as the Conscience Keeper of the Nation. The jurist won the Padma Vibhushan award in the year 1998. He has made major contributions towards the improvement of our political system. Nani Palkhivala’s name has gone down the history lane!
Nanabhoy Palkhivala or just Nani Palkhivala was an Indian jurist, who talked about the importance of fundamental rights. He was a true practitioner of God-made laws than the man-made laws. According to Jurist Dinesh Vyas, Nani Palkhivala was on a spiritual journey.
Nani was known for his sharp and crisp memory, which he used for his arguments and his art of story-telling within the four walls of the courtroom. One document that is testament to this, is the affidavit of Nani Palkhivala in the Bhopal Gas Tragedy case, in support of Union Carbide Corporation’s motion for dismissal on forum non conveniens grounds.
In the historic case of RC Cooper v. Union of India, the main element which was settled down was the ‘mutual exclusivity’ theory, which was laid down in the AK Gopalan case. Nani played an important role in discarding the Court’s narrow view of ‘mutual exclusivity’ which was tabled with the idea that if one fundamental right is violated then the individual cannot claim the violation or protection of the other. Hence, rejecting the observations made in the AK Gopalan case.
The unreported victory: Kesavanada Bharati review
When the Indira Gandhi government was on the verge of getting the Kesavananda Bharati case overruled by the Supreme Court, Nani came to the rescue, not only in the courtrooms. He wrote a letter to Prime Minister Gandhi, in which he expressed his unwillingness to side with the government on its decision to challenge the verdict.
It is not a very known fact that an attempt was made to review the Kesavananda Bharati decision. Fortunately, it was Nani who defended the basic structure doctrine n the courtroom that day. It is pertinent to refer to one of the court room exchanges between Nani and Justice Iyer during the course of hearing.
Death and Legacy
Nani Palkhivala died in the year 2002. He was 82 years old when he took his last breath. The reason for his death was cardiac arrest. The conscience keeper of the nation bid adieu to the world but he left a great mark! He was one of the rare gems of our country and people still refer to his works and deeds.
