Term Paper Towards Fulfilment Of The Assessment In The

Subject Of

English Literature

HON’BLE

NANABHOY PALKIVALA

Submitted To : Prof. Lalit Kumar Deb Submitted By : Hardik Nain

(Course Instructor) Roll No. : 21

Maharashtra National Law University,Mumbai

I Semester
 INDEX

 SCOPE AND LIMITATIONS 3

 INTRODUCTION 3

 EARLY LIFE 4

 LIFE AS A LAWYER 5

 DECLINING HE SEAT IN SUPREME COURT 6

 OTHER CONTRIBUTIONS 7

 RECOGNITIONS THROUGH AWARDS 8

 FINAL DAYS 9

 CONCLUSION 9

 BIBLIOGRAPHY 10
 SCOPE AND LIMITATION:

The scope and limitation of the project is limited to his life as lawyer, and
contribution as a judge, towards the judicial system, country and will include his
philosophies, his life cycle as a lawyer, The project will explain the analysis of
his philosophy, explain his life. The project will include his early life.

INTRODUCTION

“To my countrymen who gave unto themselves the constitution but not the ability
to keep it, who inherited resplendent heritage but not the wisdom to cherish it,
who suffer and endure in pain without the perception of their potential.”1

- Nani Palkhivala

Courts are the sole institution where justice is served. In the legal profession, it
requires a great practitioner to be a jack of all trades while being master at most
of them. Nanabhoy Ardeshir Palkhivala also known as Nani Palkhivala was one
of the greatest practitioners Indian Judiciary has ever seen. His achievements in
the field of public policy are enviable even to a seasoned policy-maker. And Nani
Palkhivala was also, unequivocally, a colossus of the Indian bar. He was not born
with a silver spoon but he made his mark as Nani Palkhivala became a household
name not among lawyers but across the country, became one of the most reputed
names in the field of law in the country. Coming from humble background, his
dedication and hard work was the result of his success2.

1
Nani Palkhivala Quotes (Aug,2,2016,2:08pm) URL- http://www.goodreads.com/quotes/918888-to-my-
countrymen-who-gave-unto-themselves-the-constitution-but

2
Palkhivala and the Constitution of India (Aug 2, 2016, 4:00pm) URL-
https://indialawyers.wordpress.com/tag/nani-palkhivala/
 EARLY LIFE

Nani Palkhivala was born on 16th January 1920. A young slim boy who hailed
from 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.3

Nani Palkhivala did his schooling from Master’s Tutorial High School in
Bombay. He had an unconquerable mind, being a brilliant student, he did
extremely well despite his initial handicap of stammering which he later
overcame by sheer willpower. Even as a schoolboy Nani never wasted
time, Forgoing food and other necessities of life, he would save every bit of
money to buy second-hand books. Pleasures did not please him4. He found his
rest in work. His "relaxations" were violin, fretwork, painting, and
photography. But the spell was short-lived as music was not one of his passions
in later life. In the back must be the spirit return to the task for which he had
come. After matriculation he joined St. Xavier’s College, Bombay and
completed his MA in English Literature.5

He received honorary doctorates from Princeton University, Rutgers

University, Lawrence University, University of Wisconsin–Madison, Annamalai
University, Ambedkar Law University and the University of Mumbai .

Later, Palkhivala applied for a Lecturer’s post at Bombay University but 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 played it’s role in his life6. His geared up wit
regaled his hearers in private conversations, in courtrooms, in his law college
lectures and public speeches. He used to bunk his lectures and go to observe
Court Proceedings.

Palkhivala and the Constitution of India (Aug 2, 2016, 4:00pm) URL-

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https://indialawyers.wordpress.com/tag/nani-palkhivala/
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LIFE AS A LAWYER

His life as a lawyer was an early success as He had the good fortune of joining
the chambers of the legendary Sir Jamshedji Kanga in Bombay in 1944. He had
no godfathers in the profession. His rise at the Bar was meteoric. Within a couple
of years of joining the profession, he was briefed in every important matter in the
High Court. He was the beloved of the young members of the Bar who would
crowd the court to listen to his arguments. The first case of constitutional
significance in which he appeared in the Bombay High Court was Fram
Nusserwanji Balsara v. State of Bombay in which various provisions of the
Bombay Prohibition Act were challenged. He was the junior most counsel in the
case which was argued by Sir Noshirwan Engineer. Some students of
Government Law College, Bombay and gone to the High Court to witness the
proceedings.

It was not long before Palkhivala started arguing cases himself. The validity of
the Administration of Evacuee Property Act and the Bombay Land Requisition
Act were challenged. Nani was in the forefront of the legal challenges to these
Acts. A lawyer often makes his mark not only by the cases he wins but by the
quality of his performance in cases where the ultimate result is not
favourable. Abdul Majid and Heman Alreja were two such cases in which Nani
distinguished himself in 1950-51.

Keshavanda Bharati v. State of Kerala, nothing short of an all out war fought on
many turfs of constitutional law, was significant enough to call for the
constitution of an unprecedented thirteen-judge bench. Parties put their best foot
forward and employed the most capable lawyers of the land for this ultimate
showdown. The case was complex , but it is widely agreed upon that Nani
Palkhivala was the one who stood tallest at the end of this fight over fundamental
rights of an Indian citizen.

Decision of the Supreme Court in Minerva Mills was another of Nani’s

triumphant efforts to prevent the defacement and defilement of our Constitution.

Together with Sir Jamshedji, he authored what was then and still is today an
authoritative work: The Law and Practice of Income Tax.
 DECLINING THE SEAT IN SUPREME COURT

He was offered a seat on the Supreme Court Bench, more than once , probably
the youngest to receive the offer, the first to be chosen straight from the Bar
(selection is made from High Court Judges), and with the prospect of the longest
tenure ever, both as a Judge and as the Chief Justice of the Supreme
Court, possibly for the same reasons which made him decline the office of the
Attorney-General for India7. Palkhivala recounts in his book, We the Nation:
"After a great deal of hesitation I agreed. When I was in Delhi I conveyed my
acceptance to him, and he told me that the announcement would be made the next
day. I was happy that the agonising hours of indecision were over. Sound sleep is
one of the blessings I have always enjoyed. That night I went to bed and looked
forward to my usual quota of deep slumber. But suddenly and inexplicably, I
became wide awake at three o'clock in the morning with the clear conviction,
floating like a hook through my consciousness, that my decision was erroneous
and that I should reverse it before it was too late. Early in the morning I profusely
apologised to the Law Minister for changing my mind. In the years immediately
following, it was my privilege to argue on behalf of the citizen, under the
same Congress Government and against the government8, the major cases which
have shaped and moulded the constitutional law of India—Bank Nationalisation
(1969), Privy Purse (1970), Fundamental Rights (1972-73), among others.” Later,
he became the most outspoken critic, both in his writings and in his public
speeches, of the government's unwise fiscal and economic policies, what he could
not have done as a Supreme Court Judge.

7
Nani Ardeshir Palkhivala (1920-2002) (Aug. 2, 2016, 12:42 pm) URL-

http://www.zoroastrian.org.uk/vohuman/Article/Nani%20Ardeshir%20Palkhivala.htm

8
Palkhivala and the Constitution of India (Aug 2, 2016, 4:00pm) URL-
https://indialawyers.wordpress.com/tag/nani-palkhivala/
 OTHER COTRIBUTIONS

Nani Palkhivala made a huge impact on judiciary. He was a journalist before he

was an author. His first book was published when he was thirty, ‘The Law and
Practice of Income Tax’ which is the standard reference book on the subject.

He also wrote Our Constitution Defaced and Defiled. In 1984, he wrote ‘We, The
People’ and ‘We, The Nation’ were published which contains extracts from his
speeches and writings of over three decades. This volume also includes extracts
from his speeches on the Union Budget, and an incisive analysis of the public
policies of India His first article appeared in a newspaper when he was thirteen.

Mr. Palkhivala had many activities outside the immediate sphere of his work. He
was the President of the Forum of Free Enterprise, Chairman of The Leslie
Sawhny Programme of Training for Democracy, The A. D. Shroff Memorial
Trust, The Lotus Trust, and the Income Tax Appellate Tribunal Bar Association,
Bombay. He was also a Trustee of other charitable trusts9.

Nani Palkhivala fought for his country and his countrymen not only in Indian
Courts but also in International forum. His international endeavours which
required a lot of research was often done free of cost by him. He was widely
credited for the work he did as an Indian representative.

U. N. Special Tribunal (The Indo - Pakistan Western Boundary Case)

Palais des Nations, Geneva

Post war hostilities in 1965, Nani was asked by the Government of India to plead
its case in the Indo – Pakistan Western Boundary in the Rann of Kutch. Pakistan
had claimed a substantial part of the Rann and India challenged the same. The
question before the tribunal was one of finding, on the evidence placed before it,
where exactly the boundary lay between India & Pakistan, in the region between
Kutch and Sind. After establishing the historical background of the region, Nani
went on to tear Pakistan’s argument to pieces. He told the tribunal that Pakistan’s
case rested upon three theories:

9
Nani Ardeshir Palkhivala (1920-2002) (Aug. 2, 2016, 12:42 pm) URL-

http://www.zoroastrian.org.uk/vohuman/Article/Nani%20Ardeshir%20Palkhivala.htm
 (a) The General Theory of Confusion : All map makers and administrators were
confused as to where the boundary laid

(b) The Special Theory of Confusion: Certain people were especially confused on
particular occasions where they treated the whole of Rann as belonging to Kutch.

(c) The Theory of Century of Error: the theory virtually suggests that, for hundred
years, everybody made an error as to what precisely were the boundaries of the
territory conquered by the British.

He placed special reliance on the MacDonald survey, he argued that before

MacDonaldone had legends masquerading as maps, but after MacDonald you had
legends on maps. Nani’s performance was genius, if almost the full text of Nani’s
presentation had been reproduced here, it would show the minute problems he
had studied (at one point referring to page numbers 12993 – 12994) and the way
he presented his case. It redounded to Nani’s credit. The final Award given by the
tribunal on 19th February 1968 entitled India to more than 90 per cent of the
Rann of Kutch10.

RECOGNITION THROUGH AWARDS

Nani Palkhivala was one of the most eminent personality in the Indian Judiciary,
his dedication and hardwork was rewarded with many awards. The Government
of India Awarded Shri N. A. Palkhivala with the Padma Vibhushan on
26thJanuary, 1998.He was also felicitated with the Life Time Achievement award
by the Governor of Maharashtra, His Excellency Shri P. C. Alexander, at a
function organised by the All India Association of Industries (AIAI) on 15th
April, 1999.11

10
Inspiring Will of Shri Nani A. Palkhivala (Aug. 1,2016 , 2:15 pm), URL-
http://www.zoroastrian.org.uk/vohuman/Article/Nani%20Ardeshir%20Palkhivala.htm

Id
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FINAL DAYS

In the last years of his life, Nani Palkhivala was severely affected by what may
have been Alzheimer's disease.

Nani's last fight, also his best, which began in 1996, was with himself. His
seventy-six-year-old frame, which had already felt the surgeon's knife six times in
the past was now battered by paralytic strokes, three major and many minor, year
after year. But he worked on. In the hospital, at home, in his office, and outside.

Upon his fight with his health, he said-

"I was ever a fighter, so - one fight more, The best and the last!"12

For the first four years he fought, in vain, with his gradually weakening body,
trying to bring it back to health. In the latter two, after losing Nargesh (his wife)
in 2000, he fought with his rebellious spirit, forcing it to accept the ordained.
Loss of speech, inability to swallow food, loss of the use of his fingers and legs, a
big tumour near the neck which made it difficult for him to look straight, urinary
infection, prostate pain, failing heart -- he bore them all, without complaint,
without demur, as if he had made friends with his fate.

In 1987 he had written, "I believe that the journey will be over at the predestined
hour, irrespective of the medical care which money can buy." The journey was
over on 11th December 2002. The predestined hour was 5.15 p.m.

CONCLUSION

Nani Palkhivala had a deep respect for the Constitution and making a mark alone
in the cases he fought have secured his position in the Judicial History of our
Nation. His humbleness, which did not wither away with fame and his dedication
resulted in making him one of the best legal personality, the country has ever
seen. The greatness of Palkhivala truly lay in his sincerity and commitment to
spiritual values which made him a moral force in our public life. He kept the faith

 12
Nani Ardeshir Palkhivala (1920-2002) (Aug. 2, 2016, 12:42 pm) URL-

http://www.zoroastrian.org.uk/vohuman/Article/Nani%20Ardeshir%20Palkhivala.htm
and held high the banner of freedom and the rule of law. Though he is not with us
but contributions made by him cannot be ignored.

BIBLIOGRAPHY

 Nani Ardeshir Palkhivala (Aug.1,2016,2:00pm), URL-

http://www.zoroastrian.org.uk/vohuman/Article/Nani%20Ardeshir%20Palkhi
vala.htm

 Inspiring Will of Shri Nani A. Palkhivala (Aug. 1,2016 , 2:15 pm), URL-
http://www.zoroastrian.org.uk/vohuman/Article/Nani%20Ardeshir%20Palkhivala.h
tm

 'There's this young tax lawyer, his name's Nani Palkhivala...' (Aug. 1, 2016,

2:52pm), URL- http://www.tata.in/article/inside/hrVdLpBPlts=/TLYVr3YPkMU=

 Nani Ardeshir Palkhivala (1920-2002) (Aug. 2, 2016, 12:42 pm) URL-

http://www.zoroastrian.org.uk/vohuman/Article/Nani%20Ardeshir%20Palkhivala.h

tm
 Nani Palkhivala Quotes (Aug,2,2016,2:08pm) URL-
http://www.goodreads.com/quotes/918888-to-my-countrymen-who-gave-
unto-themselves-the-constitution-but
 A Man for the Common Man (Aug,2, 2016, 3:00 pm) URL-
http://www.thehindu.com/thehindu/mag/2002/12/22/stories/20021222005805
00.htm
 Palkhivala and the Constitution of India (Aug 2, 2016, 4:00pm) URL-
https://indialawyers.wordpress.com/tag/nani-palkhivala/