TAMIL NADU NATIONAL LAW UNIVERSITY

DINDIGUL MAIN ROAD, NAVALURKUTTAPPATTU,

TIRUCHIRAPALLI- 620009

SUBJECT: ENGLISH - I
PROJECT TITLE: UNDERSTANDING LEGAL LANGUAGE THROUGH
“NANI PALKHIWALA: THE COURTROOM GENIUS”

SUBMITTED BY:
HARSHVARDHAN PATEL (BA0230019)
HIMANSHI PRAJAPATI (BA0230021)

SUBMITTED TO:
DR. V. R. ANIL KUMAR
ASSISTANT PROFESSOR OF ENGLISH
TAMIL NADU NATIONAL LAW UNIVERSISTY

1
 ACKNOWLEDGEMENT

To begin, we would like to thank my Professor Anil Kumar, from the bottom of my heart for
accepting my topic and motivating me to work further. Second, I express my heartfelt gratitude
to the administrative staff of Tamil Nadu National Law University, who supported the project
by providing trustworthy information in the form of library infrastructure and internet
connections as needed.
Finally, I thank the Lord and our parents for giving me the confidence and energy to overcome
all obstacles while working on this project. I would like to thank everyone who was directly or
indirectly engaged in the creation of this project and who helped me pass with flying colours
once again.

2
 DECLARATION

We, Harshvardhan Patel and Himanshi Prajapati hereby declare that this Research Paper /
Research Project work titled, understanding legal language through“Nani Palkhiwala: The
Courtroom Genius” has been originally carried out by us under the guidance and supervision
of Anil kumar , Assistant Professor of English , Tamil Nadu National Law University,
Tiruchirappalli - 620 027. This work has not been submitted either in whole or in part of any
Degree / Diploma at any University.
Place : Tiruchirappalli
Date : 16th February 2024.

3
 TABLE OF CONTENTS

INTRODUCTION
BACKGROUD OF THE BOOK
RESEARCH OBJECTIVES
LITERATURE REVIEW
CHAPTER 1: MEMOIR AS A GENRE OF WRITING
CHAPTER 2: PALKHIWALA’S LEGAL CARRIER
CHAPTER 3: ARGUMENTS OF PALKHIWALA
CHAPTER 4: ADVOCACY STYLE AND LEGAL LANGUAGE USED BY
PALKHIWALA
CONCLUSION
REFERENCES CITED

4
 INTRODUCTION

Nani Palkhivala: The Courtroom Genius the courtroom genius is a book of memoir genre,
written by Soli J Sorabjee and Arvind P Datar. This book gives the brief account of various
important cases fought by Nani Palkhivala and his various submissions and various other
relevant text relating to his professional career that shaped the legal landscape of India.

In the realm of Indian jurisprudence, there are hardly as many figures which have as much
reverence and admiration as Nani Palkhivala. He was well known for his brilliant advocacy
and articulation, Palkhivala left an long-lasting mark on the legal landscape of India. His
courtroom battles were masterpieces of persuasion. Where his language and advocacy style
served as both sword and shield making this book as a very relevant text for all aspiring lawyers
and legal enthusiasts.

This research project aims to explore the legal language through the lens of Palkhivala’s
illustrious career, by delving into his arguments, written submissions and examining his
advocacy style. Through this research project we shall try to examine the art of art of legal
language use by him in his arguments.

It should be noted that this book has several times been considered as a biography but it is quite
different from a biography and is rather a memoir, memoir is basically a genre of writing in
which the author talks about a significant period of his life or life of other in his remembrance.
In this research project we are also going to explore the genre of memoir writings and how this
book fits into the criteria of memoir.

This research project will aim towards understanding how this book helps to gain a better
understanding of legal language along with the cases fought by Nani Palkhivala that shaped the
legal landscape of the country for legal practitioners, scholars, students and legal enthusiasts
alike.

The possible findings that would be obtained from making this research project will help us in
understanding the memoir genre of writing and how the contributions of Nani Palkhivala
shaped the legal field of the country along with his unique style of advocacy and working
methods that would inspire and help us in forming our legal perspective in more refined way.
All the objectives of this project would be achieved and all our arguments would be
summarized and presented in the conclusion part of the project.

5
 ABOUT THE BOOK

This book has been written by Arvind P. Dattar and Soli J. Sorabjee, it was published in the
year 2013, the objective of this book is to highlight the contributions of Palkhivala in the field
of law 1. This book has been regarded as a must-read book for aspiring lawyers2 as this book is
a memoir based on the legal career of Palkhivala and also gives opinions of several legal
scholars his companions and opposing lawyers who have witnessed the arguments of
Palkhivala which helps in a better understanding of the advocacy style of one of the greatest
lawyer of India as Justice H.R. Khanna said, “If a count were to be made of the ten topmost
lawyers of the world, I have no doubt that Mr. Palkhivala’s name would find a prominent place
therein”.

This book confines itself to the cases in which a new principal had been laid or if it had a
interesting feature or purpose to serve. Between 1965 and 1995, Palkhivala contribution was
nearly in all of the important constitutional law cases before the Supreme Court of India which
includes Golak Nath, Bank Nationalisation, Privy Purses, Kesavananda Bharati, St. Xavier’s,
Mandal Commission, and the Election Commission matter. Palkhivala also represented India
in three major international disputes.

Spread across 9 chapter this book first gives a account of his working style and secrets of
success in legal field, then moving on to his his academic career and how he came to be as a
lawyer in fact he has been termed to be as a lawyer by accident as per this book. Moving on to
his meteoric rise in the legal field of India, the book tells us about his initial days of practice
and surroundings and then with his experience of himself being as a an defendant in a case
regarding plagiarism in the commentaries on income tax law that he authored, finally the book
gives an account of several important cases that Palkhivala contributed to in the field of
constitutional law, income tax matters, indirect tax matters, labour cases and at last his
contributions in the international cases of India.

Appendix also covers a substantial portion of this book which contains various important texts
which were very important in Palkhivala’s career.

1
Soli J. Sorabjee & Datar P. Arvind, Preface in Nani Palkhivala: The Courtroom Genius, lexis Nexis, Delhi, 2012
2
"Nani Palkhivala: The Courtroom Genius":A must-read book for every Advocate, Member of the Judiciary and
Law Student, Criminal Laws India's Newsletter, 14 may 2021, "Nani Palkhivala: The Courtroom Genius"
(substack.com)

6
 RESEARCH OBJECTIVES

1) explore the important cases argued by Nani Palkhivala along with his arguments as per
the book,
2) to analyse how the important cases fought by Palkhivala left an impact in the legal field
of India,
3) to analyse his working methods and style of advocacy.
4) Fourth objective is to understand and explore the genre memoir.

LITERTURE REVIEW

• Ahmad, Furqan. Journal of the Indian Law Institute, vol. 53, no. 2, 2011, pp. 01–04.
This is a journal which has helped this research project by explaining the intricacies
and the characteristics of arguments and mentions how Nani Palkhivala is a role
model for law students and young advocates by highlighting his various contributions
in the field of law.
• Nani Palkhivala: The Courtroom Genius This text helps us to find the arguments and
his legal strategies, life, and legal career which provided useful information, it is
basically a commentary of Palkhivala’s career in law. This book has been the primary
source for making this project and has been substantially used throughout this project.
• Earnshaw, Steven. The Handbook of Creative Writing. United Kingdom, Edinburgh
University Press, 2007. this article explains what memoir as genre is along with the
features and history of memoir and how it is different from biography autobiography
and what makes it unique as genre of writing also helping this project by helping in
identifying the book that this project is primarily concerned as of memoir genre to i

7
 CHAPTER 1: MEMOIR AS A GENRE OF WRITING

Nani Palkhivala – The Courtroom Genius is a memoir written by Soli J Sorabjee & Arvind P
Datar primarily focusing on legal cases, and his strategies, it mostly includes case analysis and
how he handled the cases.

A memoir is a nonfiction conversation about the author's personal experiences written from
their point of view. It centers on that particular aspect of the writer's life. Memories include a
broad spectrum of subjects, from handling trauma or sadness to everything. The writer
deliberately chooses a pivotal moment from their life, recounting it however they recall it—
accuracy is not a requirement. The book revolves around the author's emotions and
presumptions. Facts of the occurrence are included in the memoir. Michelle Obama's
Becoming, the Sunday Times number one bestseller, is an enlightening and engrossing account
of her journey from the South Side of Chicago to the White House. The word "memory" is
derived from the French word memoire, which means "memory."

"I probably held memoirs about the worst incident that had ever occurred to you in particular
in low regard. After that, I experienced something incredibly horrible, and I knew I had to write
about it. The author of An exact Replica of a figment of my imagination is Elizabeth
McCracken.”3

The memoir's beginnings can be found in ancient works such as Julius Caesar's Commentarii
de bello gallico, or commentary on the Gallic Wars. He spends nine years fighting with armies,
and he recounts those fights in this. Sarashina Nikki, a memoir written in Japan during the
Heian period, is one example.4

"While the genre was represented toward the end of the Renaissance through the works of
Blaise de Montluc and Margaret of Valois, that she was the first woman to write her Memoirs
in modern-style," memoirs were written in the Middle Ages by Geoffrey of Villehardouin, Jean
de Joinville, and Philippe de Commines.

3
Yagoda, Ben. Memoir: A History. United States, Penguin Publishing Group, 2009.
4
(in French) Viennot, Éliane, Marguerite de Valois et l'écriture de l'histoire, 1574-1614, Études Épistémè, 17,
spring 2010

8
Writing memoirs has been more popular recently. "Molly McCarthy organized the'memoir
club,' which included many of the authors and artists who are collectively known as 'The
Bloomsbury Group,' and Virginia Woolf was a member of it in 1920.5

A memoir and an autobiography are not the same thing. A memoir is a specific event from the
author's life, whereas an autobiography tells the tale of the author's life. It is not necessary to
document the birth until the narrative is being written in a memoir. The process of choosing a
theme and tying everything together is called memoir writing. In Vivian Gornick's book Fierce
Attachments her chosen theme centers on her mother and their connection, and it is explored
within the framework of their trips to New York City. The book does not cover many other
aspects of Gornick's life, yet despite this, the author resists the temptation to include anecdotes
that are unrelated to the subject at hand. Memoirs come in a variety of forms, including
professional, transformative, confessional, and travel.

5
Earnshaw, Steven. The Handbook of Creative Writing. United Kingdom, Edinburgh University Press, 2007.

9
 CHAPTER 2: PALKHIWALA’S LEGAL CARRIER

Early practicing years

Palkhivala after completing his law degree from the government law college, Mumbai and
passing the difficult exam ‘advocate examination’ with first rank, joined the chambers of Sir
Jamshedji Kanga in 1944.

It takes at least ten years for most lawyers to get their careers going but, Palkhivala took on a
significant workload in just two years and there was hardly any significant case in which he
was not briefed that came before the Bombay High Court. Palkhivala’s argument in the case of
Rao v. Advani6 gave him a big boost in his practice in the Bombay high court.

From 1953, at the age of 33, Palkhivala’s name started appearing regularly in the law reports
as he started appearing in the supreme court. This was remarkable as at a time when the
Supreme Court had a plethora of outstanding advocates at the Bar at Delhi comprising of great
advocates like M.C. Setalvad, C.K. Daphtary, G.S. Pathak, N.C. Chatterjee, and P.R. Das to
name a few.7 (Datar and Sorabjee 17-18)

Several of Palkhivala’s colleagues have mentioned that Palkhivala, in his career has perhaps
did more cases before the ITAT(income tax appellate tribunal) than in the High Courts and the
Supreme Court combined,8 the formation of tax tribunal in 1941 is said to one of a reason for
his meteoric rise in the Bombay high court which is evident by his income as within three years
of joining the Bar which was Rs. 60,000 which is equivalent to more than Rs. 50 lakhs today
as per observation made by the Supreme Court about the rise in wholesale price index9.

Constitutional law cases

Palkhivala is mainly remembered for his contributions in constitutional law cases, Palkhivala
appeared in several major constitutional cases before the supreme court between 1965 and
1985. The book gives account of 11 such constitutional law cases which had an substantial
question of law involved and influenced the legal framework of the country, of these 11 cases
in cases of Sajjan Singh and the Habeas corpus case Palkhivala could not appear.

6
P.V. Rao v. Khushaldas S. Advani, AIR 1949 Bom 277: (1949) 51 Bom LR 342.
7
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius pp 17-18
8
Ibid
9
Malpe Viswanath Acharya v. State of Maharashtra, AIR 1998 SC 602, 613: (1998) 2 SCC 1.

10
When the case of Golak Nath10 was taken up before supreme court for which an 11 judge bench
was formed, Palkhivala could appear only for a single day as he was held up at Geneva where
he was arguing a for the India in an international dispute.

In bank nationalisation case11, less than 48 hours after the ordinance was passed, Palkhivala
moved a writ petition before the supreme court, and the petition was drafted and finalised in
less than 2 hours, the case raised important issues regarding competency of legislature,
jurisdiction, violation of fundamental right and quantum and method adopted for payment of
compensation. A bench of six judges was set up for deciding the issue, the biggest contribution
of this case was made by overruling the mutual exclusivity theory laid down in the A.K Gopalan
case12 which paved the way for several landmark judgments in the future such as the judgment
in Maneka Gandhi case. Court agreed with the submissions of Palkhivala and the major issue
of compensation was also ruled in favour of Palkhivala on February 10, 1970.

Less than a year later Palkhivala appeared in another major constitutional law case popularly
known as the privy purses case13 for petitioners in which the supreme court declared the
Presidential Order de-recognising the princes as unconstitutional. The judgment in this case
was a product of the sole efforts and perseverance of Nani Palkhivala. Arguments as well as
the clear reasoning adopted by both the counsel and the judges of the Supreme Court make it
one of the best constitutional law cases ever decided by the Indian Supreme Court.14 (Datar and
Sorabjee 87-88)

the order of the government was challenged by Madhav Rao Scindia and seven other rulers,
maintainability of the writ in itself was a major issue for Palkhivala. The case was decided by
a bench of 11 judges. And the majority bench of 7 judges upheld the arguments of Palkhivala.

15
Palkhivala appeared in another major constitutional law case which was regarding newspaper
control. In this case the major issue was against the four restrictions introduced by the
Newsprint Policy of 1972-73. Writ petitions were filled by leading newspapers, Palkhivala
appeared for bennet Coleman & Co. Ltd the publishers of the times of India., M. K. Nambiar

10
1.C. Golak Nath v. State of Punjab, AIR 1967 SC 1643 [1967] 2 SCR 762.
11
R.C. Cooper v. Union of India AIR 1970 SC 564: (1970) 1 SCC 248.
12
. [1950] SCR 88: AIR 1950 SC 2
13
Madhav Rao Scindia v. Union of India (1971) 1 SCC 85: AIR 1971 SC 530.
14
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius pp 87-88
15
Bennett Colemanvu. Union of India. AIR 1973 SC 106: (1972) 2 SCC 788.

11
C. K. Dapthary and Soli Sorabjee were the other leading lawyers who appeared in this case
which was heard by a Bench of five judges16. (Datar and Sorabjee 100)

the majority bench struck down the newsprint control policy as violative of Articles 14 and
19(1)(a). the argument made Palkhivala and other learned counsel played an important role in
the case.

Nani Palkhivala will always be remembered for his arguments in the case of Kesavananda
Bharti case17 at the core of which was the question of power of parliament to amend the
constitution was there any implied or inherent limitation on such amending power, the case was
decided by the biggest bench ever created in history of 13 judges and being also known as a
case argued for highest number of days. By a very thin majority of 7:6, the Court held that the
power of Parliament is not unlimited and that the amending power cannot alter the basic
structure or fundamental features of the Constitution.

Palkhivala was the lead counsel in this case and was being assisted by team of highly competent
lawyers. The hearing went on for a marathon 68 days, Palkhivala and other counsel for
petitioner argued for 31 days. The case some very interesting exchanges between Palkhivala
and judges, but Palkhivala single handedly argued the case to the very thin victory for the
democracy and the people who were present during his hearing claimed his advocacy to be
spell binding. The most important contribution of this case was the basic structure doctrine.

The verdict in Kesavananda Bharti case was attempted to be overturned in 1975 by a

constituting a bench of 13 judges. Appearance of Palkhivala in Kesavananda Bharti case was
considered to be his finest hour of Palkhivala’s career, as per justice Khanna “the heights of
eloquence and advocacy reached on these two days were really unparalleled and that
Palkhivala's feat would perhaps never be equalled in the Supreme Court”.18 (Datar and Sorabjee
100) The book involves some interesting exchanges between the judges and the Palkhivala. this
attempt by the judiciary considered to be pathetic, the bench was dissolved on third day of
hearing by chief justice.

Palkhivala also appeared in another major constitutional case popularly known as minority
rights case19 for St. Xavier's College Society, which had directly filed a writ petition before the

16
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius p 100
17
Kesavananda Bharati v. State of Kerala. AIR 1973 SC 1461: (1973) 4 SCC 225.
18
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius pp 147-149
19
Ahmedabad St. Xavier's College Society v. State of Gujarat, AIR 1974 SC 1389

12
Supreme Court under Article 32 of the Constitution. The issue in this case was whether, and if
yes to what extent, the religious and linguistic minorities had the right to establish and
administer educational institutions for providing general secular education within the meaning
of Article 30 of the Constitution20(Datar and Sorabjee 158-160). The case was decided by a
bench of 9 judges of which 7 judges upheld the arguments of Palkhivala.

Another display of excellent advocacy was seen in the case Minerva mills case 21
which was
heard by a bench of 5 judges. The case was considered to decide the future of Indian democracy.
the main issue of the case was regarding the amendment made in the article 31 through the 42nd
amendment to the Indian constitution. The submissions made by Palkhivala have been
substantially used in the judgment. The majority bench by a split of 4:1 upheld the arguments
of Palkhivala and declared the amendment made in the article 31 as void as it damaged the
basic structure of the constitution.

Apart from all these cases there were also 2 major cases the mandal commission case which
was about determining the backward classes and providing them reservation, and the case of
election commission in which the power of chief election commissioner was reduced
substantially of his powers, in both these case even the presence of Palkhivala could not create
any difference and the court ruled against him, though in the former case the judgment of the
supreme court was widely criticized, both the cases were fought by Palkhivala at a very old age
the election commission being one of his last case in the supreme court.

20
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius pp 158-160
21
Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789: (1980) 3 SCC 625.

13
 CHAPTER 3: ARGUMENTS OF PALKHIWALA
Palkhivala’s courtroom skills lay in his meticulous preparation, legal acumen, and unparalleled
oratory skills. Palkhivala's arguments were characterized by clarity, precision, and persuasive
reasoning, which earned him the admiration and respect from peers and adversaries alike22.

In Golak Nath case where Palkhivala appeared only for one day, his arguments were mainly
focused on what the consequences of not placing any implied limitation on amending power
of the parliament would be, these arguments was considered as arguments fear by justice
Wanchoo23(Datar and Sorabjee 49-50), it can be understood that Palkhivala wanted to persuade
judges with the argument of fear.

In bank nationalisation case which was one of Palkhivala’s most finely argued case it can be
said that his arguments were quite lengthy but yet easily understandable, persuasive, empirical
and showed his amazing analytical skills.

In privy purses case the arguments which lead to victory single handedly for petitioners denoted
clarity and incisiveness24 (Datar and Sorabjee 88). in this case Palkhivala arguments not only
showed his legal acumen but also his dynamic nature as he used several historic sources and
linked the privileges given to the princes in constitution with it. The submissions of Palkhivala
displayed his mastery over various laws of the land, which Palkhivala had cultivated through
years of practice and learning, when he took these submissions to their logical end. While
attacking the arguments of the government Palkhivala also displayed his aggressive arguments
which lead to a majority of 7 out 9 judges in favour of Palkhivala.

Kesavananda Bharti case was also one such where the nature and qualities of Palkhivala’s
judgment can be judged. The submissions made in this case shows the great scholarly and hard
work of Palkhivala in the preparation of the case as more than constitutions of more than 71
countries had been analysed and decisions from several countries had been used along with
bills passed in several legislature of the world, apart from all these scholarly material the oral
arguments of Palkhivala were also praiseworthy as he again used the arguments of fear or can
also be called as making a spectrum of consequences to persuade the judges, Palkhivala had
frequently referred to Hitler and the manner in which German constitution to convert Germany
into a brutal and repressive dictatorship.

22
Ahmad, Furqan. Journal of the Indian Law Institute, vol. 53, no. 2, 2011
23
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius pp 49-50
24
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius p 88

14
The arguments in this showed the perseverance, vast knowledge, articulation and persuasion.
Several lawyers who heard Palkhivala argue that case called his advocacy as spell binding and
his arguments as clever and called him an excellent orator and mentioned made that he his
submissions with excellent illustrations25(Datar and Sorabjee 139).

The arguments in the review case of Kesavananda Bharti case has been considered as the finest
hour of Palkhivala’s career, the arguments went on only for 2 days and then the bench was
dismissed. Justice Khanna and other judges said that “the heights of eloquence and advocacy
reached on these two days were really unparalleled and that Palkhivala's feat would perhaps
never be equalled in the Supreme Court”26(Datar and Sorabjee 146). This book gives an
account of the exchanges between judges and Palkhivala during the hearing which shows the
quick-wittedness, analytical and critical abilities of Palkhivala along with his humour. The
questions raised by raised by Palkhivala were quite substantial which showed his analytical
and critical view of the case.

In the minority rights case Similar to the previous significant cases he argued, Palkhivala yet
again provided the judges with a prism through which they might see the various features,
aspects and consequences of the contested Act. this time the prism was built on the dander to
freedom to the autonomy of religious minorities. Which proved quite helpful in attacking
various sections of the act 27
(Datar and Sorabjee 158). The arguments of Palkhivala were
incisive in decision of the case.

In the Minerva mills case Palkhivala once again displayed the excellent and persuasive
advocacy which can be observed by the words Rohinton F. Nariman, he mentioned that
Palkhivala would ask them to do research on certain legal issues that arose for consideration
while hearing. What impressed him was ability of Palkhivala to put his propositions in the
simplest possible language; he avoided using bombastic words and phrases. The other
remarkable feature was his ability to convince the court by pointing out the adverse
consequences of the contrary view (Datar and Sorabjee 180).28

Harish salve who was also there and he highlighted how the arguments of Palkhivala were
articulated and the passion and zeal with which Palkhivala argued before the supreme court.

25
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius p 139
26
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius p 146
27
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius p 158
28
Soli J Sorabjee, Datar P. Arvind, Nani Palkhivala: The Court Room Genius p 180

15
The arguments made by Palkhivala in all courtroom left an lasting impact over the upcoming
generation of the lawyers who have read his arguments. His articulate reasoning and persuasive
style of advocacy left a lasting impression in various legal matters which influenced the legal
framework of the country. His well-reasoned and passionate presentations shaped landmark
judgments in all the field of law be it tax matters, constitutional matters, labour cases, or civil
cases.

16
 CHAPTER 4: ADVOCACY STYLE AND LEGAL LANGUAGE USED BY
PALKHIWALA
As a result of his persuasive skills and legal knowledge in the courtroom, Nani Palkhivala is
known as the "Courtroom Genius" in India. A special fusion of systematic planning, compelling
speech, legal expertise, tactical litigation, and moral rectitude distinguished his strategy. In this
analysis, we examine how Palkhivala's legal techniques and advocacy style contributed to his
exceptional success in the courts by delving deeper into each one.

Palkivala’s one important characteristic is to do thorough preparation before any case he used
to analyze every case thinking it in every way possible so that no corner is left unknown. He
said the way to success in the legal world is to explore in every case its arguments and counter-
arguments so that it will help you in the courtroom. According to his brother, Behram
Palkhivala, “You cannot Imagine the speed with which he worked”, he said. Even after working
till 9:30 pm, he and his brother used to work till 2 am on their tax commentary. (Datar and
Sorabjee 2 -3) In Gladwell words “Achievement is talent plus preparation the problem with
this view is that the closer the psychologists look at the careers of the gifted, the smaller the
role innate talent seems to play and the bigger the role preparation seems to play” (Nani
Palkhivala – The Courtroom Genius by Arvind P. Datar & Soli Sorabjee (Sorabjee 28).

Preparation on such a level helped him to strengthen Palkivala’s to handle each case with
credence, equipped with the grasp of facts and legal knowledge.

Palkivala’s obsession with time management helps in the courtroom. For him wasting crime
was a major crime anyone could do. M.L Bhakta who briefed him before several cases
recollects that Palkhivala was always on time 5 minutes before his name-called. He never
wasted any time over time chatting in the bar library. Even after a Supreme Court hearing he
used to rush over to the hotel room and start preparing for the next case.

He mastered the skill of speed reading. He would simply glance over the page grasping its
context. The essence of the text would be there in his mind. M.R Pai recollects that he always
focuses on one task at a time avoiding multitasking. His skill to recollect everything with focus
helped him to understand every legal problem in a quick span of time.

In significant cases, he emphasized the need to have a coherent and consistent plan. He used to
analyze the facts of the case and assortment of legal issues and prepare his propositions to
present. Once this is done he remembers every point and never omits any details or argument

17
that was needed to say. Harish Salve also remembers the amount of preparation for putting in
Lohia Machines Ltd v. Union of India.29

Palkivala’s style of advocacy he tried to summarize his arguments into brief points. Often
argued by giving examples as to what would happen if his point was not accepted. his
communication ability along with his persuasive delivery made him a courtroom genius. His
style was persuasive in persuading the court of his viewpoints and he never used to lose
patience or offend the judges. His speeches in the courts were marked by clarity, rationality,
and certainty that used to captivate the judges, and juries together. Leaving a lasting impact on
a listener.

Nani Palkhivala has mastery over the constitutional, Judicial Precedents, and statutory
provisions, he increased this with precision and practiced over the years during the courtroom
proceedings. He has a profound understanding of the legislative framework while arguing tax
disputes, constitutional matters, or commercial cases in his skill to find relevant arguments,
statutes, and doctrine to make brilliant propositions to support his case.

He carefully his client’s position including its weaknesses and strengths, identifying crucial
issues and making arguments to increase the chances in our favor. He was skilled at both taking
advantage of holes in the opposition's case and presenting legal matters in a way that favored
his client's interests. his strategic brilliance was demonstrated by his ability to foresee and
respond to the arguments made by the opposing counsel. In the litigation, his principle was to
reassure the favor on their side.

He adhered to the ethical principles of legal fraternity throughout his career. Throughout his
career, he maintained the greatest standards of professional conduct. He successfully utilizes
every opportunity in his way to be on top within a quick time. “He remarked that he was more
intrigued in causes than cases.” (Datar and Sorabjee 18-19) Palkhivala fought an important
case very interestingly State of Bombay v. Heman Santlal Alreja30 a case related to Bombay
land requisition, in 1948 chief justice observed that Palkhivala had moved forward with
“interesting and able argument that the Constitution made a distinction between 'existing law
and law in force.”

29
Lohia Machines Ltd v. Union of India (1985) 152 ITR 308.
30
State of Bombay v. Heman Santlal Alreja AIR 1952 Bom 16.

18
 CONCLUSION
In this research project, we get into memoir as a genre, his life, his opportunities and the legal
career of Nani Palkhivala a gem of the legal fraternity. A thorough analysis of his advocacy
style and legal language used by Nani Palkhivala in his career. We appreciate him more for the
contributions he made in the legal field.

In the first chapter, we explored a writing genre called Memoir it is a non-fiction dialogue about
the author’s experience, and both autobiography and memoir are different from each other but
sometimes overlap each other.

In the second chapter, we uncover the beautiful journey of Nani Palkhivala and how served
some opportunities with his skill and concentration and made a legal career out of it.

In the third chapter, we discussed the arguments of Nani Palkhivala he fought very significant
cases in his life like the Kesavananda Bharti31 case, and Golak Nath v. State of Punjab32 like
several other cases using a strategic plan and working in all 4 directions so no corner is left
untouched.

In the concluding chapter, we discussed the advocacy style and legal language used by Nani
Palkhivala, his sheer dedication, thorough preparation, time management, and living

31
Kesavananda Bharati v. State of Kerala is AIR 1973 SC 1461.
32
Golaknath v. State Of Punjab 1967 SCR (2) 762.

19
Reference citied

• Ahmad, Furqan. Nani Palkhivala : A Role Model Journal of the Indian Law Institute,
vol. 53, no. 2, 2011, pp. 401–04. JSTOR, http://www.jstor.org/stable/43953520.
Accessed 17 Feb. 2024.
• Earnshaw, Steven. The Handbook of Creative Writing. United Kingdom, Edinburgh
University Press, 2007.
• Yagoda, Ben. Memoir: A History. United States, Penguin Publishing Group, 2009.
• (in French) Viennot, Éliane, Marguerite de Valois et l'écriture de l'histoire, 1574-1614,
Études Épistémè, 17, sprin.g 2010

• Nani Palkhivala: The Courtroom Genius":A must-read book for every Advocate,
Member of the Judiciary and Law Student, Criminal Laws India's Newsletter, 14 may
2021, "Nani Palkhivala: The Courtroom Genius" (substack.com)
• Soli J Sorabjee, Datar P. Arvind,Nani Palkhivala: The Courtroom Genius, Lexisnexis,
Delhi, 2012

20