Fali Sam Nariman
Encyclopedia
Fali Sam Nariman is a distinguished Indian Constitutional jurist
, and senior advocate to the Supreme Court of India
since 1971 and has remained the President of the Bar Association of India since 1991. Nariman is an internationally recognized authority on international arbitration
. He is one of India's most distinguished constitutional lawyers and he has argued several leading cases.http://www.barandbench.com/index.php?title=Lawyers%20who%20matter%20-%20Fali%20Sam%20Nariman&page=brief&id=483&gn=0&p=all He remained Additional Solicitor General of India May 1972- June 1975.
He has been awarded the Padma Bhushan
(1991), Padma Vibhushan
(2007) and Gruber Prize for Justice
(2002) and has remained nominated member of the Rajya Sabha
, the Upper House of the Parliament of India
for a term (1999–2005).
. Thereafter he studied B.A. (Hon.), in Economics and History from St. Xavier's College, Bombay (now Mumbai), followed by a Law degree (LL.B.) from the Government Law College, Mumbai
in 1950, after standing first in the Advocate's Examination and been awarded the Kinlock Forbes Gold Medal and Prize for Roman Law & Jurisprudence. His father initially wanted him to write the Indian Civil Service Examination. Since he could not afford it at that time. He chose law as his last option.
after practicing for 22 years, he was appointed a Senior Advocate in the Supreme Court of India
in 1971, a position he retains to date. He said that "My senior’s, senior Jamsetjee Kanga was my mentor. He was like a father figure to me. He died at 93 and he is the one who, at the age of 92, told me that he was still learning. He had a tremendous memory and so does my son Rohinton. He was an Ordained Priest and so is Rohinton."
Nariman was instrumental to the development of the Indian Constitution's Law. Nariman was Additional Solicitor General of India from May 1972 to 25 June 1975, resigning from that post upon the Declaration of Emergency on 26 June 1975.
Fali Nariman argued in favour of Dow chemicals(known as Union carbide
in those days) in the infamous Bhopal gas disaster case ,which he admitted as a mistake in recent times .He was instrumeental in getting a deal between victims and the company outside court , which offered an amount of $470 million to the victims . He also argued in the famous case of the Supreme Court AoR Association, in which the Supreme Court took over the appointment of judges in the Higher Judiciary. He also appeared in many important cases like Golak Nath, S.P. Gupta, T.M.A. Pai Foundation, etc.
Fali Nariman is the recipient of the Padma Vibhushan
(in 2007) and Padma Bhushan
(in 1991), respectively the second and third highest honors granted to civilians by the President of India. Both awards were for Nariman's contributions to jurisprudence and public affairs. Nariman was awarded the Gruber Prize for Justice
in 2002. He dedicated his awards to his alma mater Bishop Cotton School in Shimla.
Nariman was a President-appointee member of the Rajya Sabha
(the upper house of the Parliament of India
) between 1999 and 2005. He has served as President of International Council for Commercial Arbitration since 1994, President of the Bar Association of India since 1991, Vice-Chairman of the Internal Court of Arbitration of the International Chamber of Commerce
since 1989, honorary member of the International Commission of Jurists since 1988, member of the London Court of International Arbitration
since 1988. He was appointed to the Advisory Board of the United Nations Conference on Trade and Development
in November 1999, and served as Chairman of the Executive Committee of the International Commission of Jurists
from 1995 to 1997.
He represented the Gujarat Government in the matter of the Narmada rehabilitation but resigned shortly after attacks on Christians in the area and the burning of copies of the Bible.
, Mumbai
.
The Vis Moot East's
Fali Nariman Award for 'Best Respondent's Memorandum' is named after Fali Nariman.
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, and senior advocate to the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
since 1971 and has remained the President of the Bar Association of India since 1991. Nariman is an internationally recognized authority on international arbitration
International arbitration
International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships...
. He is one of India's most distinguished constitutional lawyers and he has argued several leading cases.http://www.barandbench.com/index.php?title=Lawyers%20who%20matter%20-%20Fali%20Sam%20Nariman&page=brief&id=483&gn=0&p=all He remained Additional Solicitor General of India May 1972- June 1975.
He has been awarded the Padma Bhushan
Padma Bhushan
The Padma Bhushan is the third highest civilian award in the Republic of India, after the Bharat Ratna and the Padma Vibhushan, but comes before the Padma Shri. It is awarded by the Government of India.-History:...
(1991), Padma Vibhushan
Padma Vibhushan
The Padma Vibhushan is the second highest civilian award in the Republic of India. It consists of a medal and a citation and is awarded by the President of India. It was established on 2 January 1954. It ranks behind the Bharat Ratna and comes before the Padma Bhushan...
(2007) and Gruber Prize for Justice
Gruber Prize for Justice
The Gruber Prize for Justice is one of five international prizes awarded by The Peter and Patricia Gruber Foundation, an American non-profit organization based in the U.S. Virgin Islands with offices in New York City...
(2002) and has remained nominated member of the Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
, the Upper House of the Parliament of India
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
for a term (1999–2005).
Early life and education
Born in 1929 in Rangoon to Sam Bariyam ji Nariman, Fali did his schooling from Bishop Cotton School, ShimlaShimla
Shimla , formerly known as Simla, is the capital city of Himachal Pradesh. In 1864, Shimla was declared the summer capital of the British Raj in India. A popular tourist destination, Shimla is often referred to as the "Queen of Hills," a term coined by the British...
. Thereafter he studied B.A. (Hon.), in Economics and History from St. Xavier's College, Bombay (now Mumbai), followed by a Law degree (LL.B.) from the Government Law College, Mumbai
Government Law College, Mumbai
The Government Law College, also known as GLC and located in Mumbai, India, is the oldest and one of the most distinguished law schools in India...
in 1950, after standing first in the Advocate's Examination and been awarded the Kinlock Forbes Gold Medal and Prize for Roman Law & Jurisprudence. His father initially wanted him to write the Indian Civil Service Examination. Since he could not afford it at that time. He chose law as his last option.
Career
Fali started his law practice at the Bombay High CourtBombay High Court
Bombay High Court at Mumbai, Maharashtra, is the High Court of India with jurisdiction over the states of Maharashtra & Goa, and, the Union Territories of Daman and Diu and Dadra and Nagar Haveli...
after practicing for 22 years, he was appointed a Senior Advocate in the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
in 1971, a position he retains to date. He said that "My senior’s, senior Jamsetjee Kanga was my mentor. He was like a father figure to me. He died at 93 and he is the one who, at the age of 92, told me that he was still learning. He had a tremendous memory and so does my son Rohinton. He was an Ordained Priest and so is Rohinton."
Nariman was instrumental to the development of the Indian Constitution's Law. Nariman was Additional Solicitor General of India from May 1972 to 25 June 1975, resigning from that post upon the Declaration of Emergency on 26 June 1975.
Fali Nariman argued in favour of Dow chemicals(known as Union carbide
Union Carbide
Union Carbide Corporation is a wholly owned subsidiary of The Dow Chemical Company. It currently employs more than 2,400 people. Union Carbide primarily produces chemicals and polymers that undergo one or more further conversions by customers before reaching consumers. Some are high-volume...
in those days) in the infamous Bhopal gas disaster case ,which he admitted as a mistake in recent times .He was instrumeental in getting a deal between victims and the company outside court , which offered an amount of $470 million to the victims . He also argued in the famous case of the Supreme Court AoR Association, in which the Supreme Court took over the appointment of judges in the Higher Judiciary. He also appeared in many important cases like Golak Nath, S.P. Gupta, T.M.A. Pai Foundation, etc.
Fali Nariman is the recipient of the Padma Vibhushan
Padma Vibhushan
The Padma Vibhushan is the second highest civilian award in the Republic of India. It consists of a medal and a citation and is awarded by the President of India. It was established on 2 January 1954. It ranks behind the Bharat Ratna and comes before the Padma Bhushan...
(in 2007) and Padma Bhushan
Padma Bhushan
The Padma Bhushan is the third highest civilian award in the Republic of India, after the Bharat Ratna and the Padma Vibhushan, but comes before the Padma Shri. It is awarded by the Government of India.-History:...
(in 1991), respectively the second and third highest honors granted to civilians by the President of India. Both awards were for Nariman's contributions to jurisprudence and public affairs. Nariman was awarded the Gruber Prize for Justice
Gruber Prize for Justice
The Gruber Prize for Justice is one of five international prizes awarded by The Peter and Patricia Gruber Foundation, an American non-profit organization based in the U.S. Virgin Islands with offices in New York City...
in 2002. He dedicated his awards to his alma mater Bishop Cotton School in Shimla.
Nariman was a President-appointee member of the Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
(the upper house of the Parliament of India
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
) between 1999 and 2005. He has served as President of International Council for Commercial Arbitration since 1994, President of the Bar Association of India since 1991, Vice-Chairman of the Internal Court of Arbitration of the International Chamber of Commerce
International Chamber of Commerce
The International Chamber of Commerce is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 130 countries have interests spanning every sector of private enterprise....
since 1989, honorary member of the International Commission of Jurists since 1988, member of the London Court of International Arbitration
London Court of International Arbitration
The London Court of International Arbitration is an institution based in London, United Kingdom providing the service of international arbitration....
since 1988. He was appointed to the Advisory Board of the United Nations Conference on Trade and Development
United Nations Conference on Trade and Development
The United Nations Conference on Trade and Development was established in 1964 as a permanent intergovernmental body. It is the principal organ of the United Nations General Assembly dealing with trade, investment, and development issues....
in November 1999, and served as Chairman of the Executive Committee of the International Commission of Jurists
International Commission of Jurists
The International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
from 1995 to 1997.
He represented the Gujarat Government in the matter of the Narmada rehabilitation but resigned shortly after attacks on Christians in the area and the burning of copies of the Bible.
Personal life
Fali Nariman is married to Bapsi F. Nariman, since 1955, and the couple have two children, a son and a daughter and live in ColabaColaba
Colaba is a part of the city of Mumbai, India, and also a Lok Sabha constituency. During Portuguese rule in the 16th century, the island was known as Candil...
, Mumbai
Mumbai
Mumbai , formerly known as Bombay in English, is the capital of the Indian state of Maharashtra. It is the most populous city in India, and the fourth most populous city in the world, with a total metropolitan area population of approximately 20.5 million...
.
The Vis Moot East's
Willem C. Vis Moot
The Willem C. Vis International Commercial Arbitration Moot is a prestigious international moot court competition for law students. Since 1994, it is annually being held in Vienna, Austria....
Fali Nariman Award for 'Best Respondent's Memorandum' is named after Fali Nariman.