Rohinton Nariman: A brilliant mind and a fearless judge

Hyderabad: If it weren’t the judge’s gavel, it would have been a conductor’s baton for Western music lover Rohinton Nariman. But the nation would have lost out on a fearless wise just and humane judge at the Supreme Court.

Felicitation at the Parsi Dharamsala, Secunderabad

On February 14, the Parsi community of Secunderabad and Hyderabad felicitated Delhi-based Retired Justice Nariman at the Parsi Dharamsala, a judge, who few outside the community know, is also a scholar of Zoroastrian and comparative religion, of history and Western classical music; the last of which he would have chosen as a career and become a conductor had he not studied law.

Honorary Secretary Homi D Chenoy presented Rohinton Nariman with a memento on behalf of the PZASH (Parsi Zoroastrian Anjuman of Secunderabad and Hyderabad).

Enthralling speech

Rohinton Nariman’s speech was well received by the audience at the Parsi Dharamsala. The audience comprised of members of the Parsi community of the twin cities, as well as prominent advocates and upcoming lawyers of Hyderabad. Starting on a humorous note where he promised to keep his speech short, using the anagram ‘KISS-Keep It Short, Stupid,’ he enthralled the audience with his speech on different religions and even took questions regarding religion and law at the end of his talk.

Rohinton Nariman on Constitution and UCC

His statements during the event such as “All men are brothers who the customs has divided” and “The basic structure of our Constitution cannot be dislodged” resonated with the audience.

When asked about his views on reincarnation, Nariman said in jest, “I would like to be reborn as a pet in a Parsi household,” affirming the Zoroastrian love for dogs.

About the Uniform Civil Code, he said, “It’s a good idea but not in the present moment, where it can be used for bashing minorities.”

Hyderabadi dinner

A sumptuous dinner with typical Hyderabad dishes like mutton marag, Lukmi, Hyderabadi kebabs and biryani, and double ka meetha was served to all those who attended the Parsi Dharamsala.

Visit to the three fire temples

Earlier the same day, Nariman, an ordained Zoroastrian Priest, visited the three fire temples of Secunderabad and Hyderabad.

He also addressed a seminar organised by the Telangana High Court Advocates Association. A prodigious speaker, Nariman spoke for more than an hour, extempore, without referring to any notes and covering the Constitutional provisions and 30 Judgements that had been passed earlier. Speaking about the judgment on the matter pronounced by a 9-Judge bench of the Supreme Court recently, Justice Nariman explained the powers of the Union over the regulation and development of mines and minerals and the residuary powers given to the Union. He stressed the State’s power to tax major minerals and on mineral-bearing land, based on the value of the minerals extracted there.

About Retired Supreme Court Justice Rohinton Nariman

Justice Nariman was appointed as a judge of the Supreme Court on July 7, 2014. Justice Rohinton Nariman was born on October 13, 1956. His father Fali S Nariman, was an eminent Indian jurist whose life is in itself an extraordinary example of excellence. After graduating from Shri Ram College of Commerce, Rohinton Nariman graduated in law from Campus Law Centre, Faculty of Law, University of Delhi. He joined Harvard for an LLM degree in 1980-81.

Rohinton Nariman’s career was diverse, spanning from his law practice in Mumbai to his brief stint in New York at a maritime law firm, and later his flourishing practice in Delhi.

In 1993, he was designated as a senior advocate at the age of 37. Then Chief Justice Venkatachalaiah amended the minimum age rules to designate the title of senior advocate to Nariman when he was 37 (at that time the minimum age was 45). He was appointed Solicitor General of India in 2011. He became only the fifth lawyer in the nation’s history to be directly appointed as a judge of the Supreme Court in 2014.

Nariman is an expert in comparative constitutional law and civil law. He set up the Supreme Court Welfare Trust for the welfare of lawyers and to encourage young talent. He was a member of the Supreme Court’s Mediation Committee.

Justice Rohinton Nariman has delivered 360 detailed judgments that generations of lawyers and judges will engage and grapple with for decades into the future. His judgments are filled with copious references to regulations, provisions, statutory forms, reports, foreign jurisprudence and case laws. They also provide an invaluable base for current and future judges to borrow from Justice Nariman’s wisdom. He may have retired from the Supreme Court, but his legacy on the bench will continue to steer and contribute towards jurisprudence. Nariman is an expert in comparative constitutional law and civil law. He set up the Supreme Court Welfare Trust for the welfare of lawyers and to encourage young talent. He was a member of the Supreme Court’s Mediation Committee.

After his retirement, Justice Rohinton started a YouTube channel called the ‘Justice Nariman Official Channel’. The channel showcases his lectures and conversations on law, history, religion, music and spirituality. He was invited to speak at the prestigious Parliament of the World’s Religions in 2023 in Chicago, USA.

An ordained priest, he has authored ‘The Inner Fire: Faith, Choice, and Modern-Day Living in Zoroastrianisma’ on the Zoroastrian religion, ‘An Ode to Fraternity: Life, Death and Beyond in World Religion’ and several other books too. His upcoming book will be launched on April 15.

Some notable judgements

In Justice KS Puttaswamy v Union of India, Justice Nariman was on the nine-judge Supreme Court bench which unanimously declared privacy as a fundamental right. The bench held that privacy is integral to the right to life with dignity under Article 21 of the Constitution.

In Shayara Bano v Union of India, a 5-judge bench declared triple talaq void, illegal and unconstitutional. Justice Nariman, along with Justices Kurian Joseph and UU Lalit, struck down the practice through the majority judgment. Nariman J affirmed that manifest arbitrariness can be grounds for striking down a law.

In Shreya Singhal v Union of India, Justice Nariman declared Section 66A of the Information Technology Act, 2000 unconstitutional for being ‘open-ended, undefined and vague.’ Section 66A empowered the police to arrest anyone accused of posting electronic messages that cause annoyance or inconvenience.

Justice Nariman held in Mohd. Arif v The Registrar, Supreme Court of India, that a review of a convict’s death penalty should be heard in open court by a bench of at least three judges. Previously, all review petitions were decided in chambers without the presence of advocates.