Obituary: Fali Nariman - Homelessness was better than Spinelessness

Fali S Nariman, eminent Jurist and former Member of Parliament, active until the end, passed away in the early hours of 21 February 2024 at the age of 95. His legal career spanned over 70 years. He is survived by his son Justice R.F. Nariman, daughter Anaheeta Nariman, Daughter-in-law Sanaya Nariman, Grandchildren - Khursheed and Nina, Grandson in law - Rohan Alva, Great Grandchildren - Zarina and Cyrus. Solicitor General Tushar Mehta said the nation has lost a "towering figure of intellect and wisdom." The country has lost an epitome of what righteousness stood for.

Senior advocate and Congress leader Abhishek Manu Singhvi called his passing the "end of an era".

Defender of the Constitution:

Born on 10th January 1929, Mr. Nariman was instrumental in various landmark cases which shaped the legal system and affirmed the true values of a democratic and pluralistic India. He was an outspoken champion and defender of the Constitution of India.

A Devout Parsi:

He was a devout Parsi Zoroastrian and helped various institutions and causes to always uplift the community. Khorshed S. Chenai, President of the Parsi Zoroastrian Anjuman of Secunderabad and Hyderabad said, “His loss is a big blow to the legal fraternity, the Parsi Zoroastrian community and most importantly to humanity.”

Fali Nariman often spoke of his long trek from Burma where he was born and supported many charities both silently and actively. He was a champion for better treatment for stray dogs and animals too.

Advocate of civil liberties and Secularism:

He was a strong advocate of civil liberties and secularism, and was an important public voice whose critical opinions about judicial developments carried much weight. Regarding the judgment in the Article 370 case, Nariman voiced criticism. His wish in his autobiography was to live and die in secular India.

His strength - his wife Bapsi

He always urged people to have faith in the Judiciary. The wind beneath his sails was always his late wife Bapsi: They were married for 65 years when she passed on in 2020. In his own words, “Bapsi was a woman of many parts, and was a cementing factor in our family –able, in many senses, and in almost everything she did. She was the prime mover of all the good that has happened to us over the years. She was generous to a fault and has helped to keep our family united and loving – especially with our two glorious and ever-affectionate grand- children (and now with two great-grand-children as well). She was proficient in almost everything she did – helping the poor and needy, stitching ‘tops’ for her grand-children (almost till the very end), and she interested herself in different types of activities – always positive in her outlook and approach: never diffident or negative. Of course she has written over the years seven books on varied aspects of cuisine, and her social life was intense – particularly with the Delhi Commonwealth Women’s Association (D.C.W.A.) and its charitable activities, and also with the Guild for Service. Her interest in different aspects of life was intense and she kept all her interests going – But above all, she will be sorely missed by me, my daughter, and my son and by her two loving grand children.”

Member of Rajya Sabha

He considered her "the prime mover of all the good that has happened to us over the years. He recollected the time in 1999, when they were in the UK for a couple of weeks, and the then Deputy Prime Minister L. K. Advani called to seek his consent to be nominated by the President of India as a member of the Rajya Sabha. When Fali told Advani that he would give his response on his return to India, Bapsi’s instant reaction was "‘Don’t say no.’ So I was compelled to say yes even before coming back to Delhi. That’s how I became a member of Rajya Sabha and enjoyed every moment of it.” He was a member of the Rajya Sabha from 1999 until 2005.

In the 65th year of their married life, Nina felt "they were an extremely devoted couple. Their relationship gets the perfect metaphor in reality: she taught him to dance, while he taught her to drive.

Moved from Bombay to Delhi

In 1972 the Narimans moved from Bombay to Delhi when Fali took over as additional solicitor general of India. She supported her husband when he decided to resign after the Emergency was imposed in 1975. Thereafter Fali started practicing at the Supreme Court. He said in the days following the emergency when he resigned as Additional Solicitor general and had difficulty finding accommodation that” Homelessness was better than Spinelessness.”

Awards:

The Government of India awarded him the Padma Bhushan in 1991 and the Padma Vibhushan in 2007.

Books:

His autobiography “Before memory fades” is a source of inspiration to young lawyers and law students. He has also written “The State of the Nation” and “God save the Hon’ble Supreme Court”