Frases de Fali Sam Nariman
Fali Sam Nariman
Data de nascimento: 10. Janeiro 1929
Fali Sam Nariman is an Indian jurist. He was the 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 recognised jurist on international arbitration.He has been honored with the 19th Lal Bahadur Shastri National Award for
Excellence in Public Administration 2018. He is one of India's most distinguished constitutional lawyers and he has argued several leading cases. He remained Additional Solicitor General of India May 1972- June 1975.He has been awarded the Padma Bhushan , Padma Vibhushan and Gruber Prize for Justice and has remained nominated member of the Rajya Sabha, the Upper House of the Parliament of India for a term .
Citações Fali Sam Nariman
„For aspiring law students I would like to say in your career, never try to show off. There is a tremendous amount of knowledge to be learnt, there is a tremendous amount of experience to be had in the field of law and no one can say “I’m on top and I know everything”. No, you don’t. The moment you say, you know everything, I’m afraid that’s the beginning of your downfall. It’s a never-ending process of learning and humility is essential because you can never learn the law. At the age of 92 my senior Jamsetjee Kanga used to say “I’m still learning” and he really meant it. If an odd chap walked into his chamber, he would just pick up a case and tell us about it, he was like a wizard. He could spot the most important point in the case, unlike us.“
„The two great institutions of state to which I have been privileged to belong do appear from time to time to “compromise” themselves, as you say. However, I must assure you that but for these two great institutions we would never have emerged as a vibrant democracy. The late Justice R S Pathak once used a nice metaphor when I asked him how he would like to be remembered as a judge of the Supreme Court. He told me, with becoming humility: “Every judge when he leaves the court must satisfy himself that he has left a little brick of his own making in that great edifice that is the Supreme Court of India.“
„After being in legal practice for 67 years, I was at first reluctant to write about my professional life because of what C K Daphtary once told me when I pleaded with him to write his own memoirs. “What?” he said angrily, “shall I write one like Setalvad did?” He was referring to the autobiography of a great attorney general Motilal Setalvad — in part self eulogizing. But I was getting on in age and getting forgetful as well, exemplified in that Mathew Arnold quote at the very beginning of the book: “And we forget because we must, and not because we will.” So I compromised. I wrote out the story of my life at the Bar trying to keep the old ego strictly under control. If I have not wholly succeeded, it is only because a man’s ego just cannot be suppressed!“
— Fali Sam Nariman
On writing about his autobiography.
„Article 141 of the Constitution says that the law declared by the Supreme Court is binding on all courts and authorities in the territory of India. Unwillingly Article 141 has now become the thief of Judicial Time. The Laws' proverbial delays are not because there are too many laws, but because there are just too many reported judgments and orders concerning them. Cashing in on Art 141 every single case in the Supreme Court) and even in the High Courts-is dutifully printed and reported by a variety of competing reporting agencies who want their law reports to sell as widely as possible. The "judgement - factory" has become over - commercialized, and quite a large number of the 30 million cases now pending in various Courts in India can be attributed-atleast in part-to this peculiar Indian malady: "case-law diarrhoea".“
— Fali Sam Nariman
Quoted in .
„In my view, I’m most fascinated by constitutional law. How to work the constitution is far more important than how to write it. It is much easier to write the constitution. I recall when the Foreign Minister of Bangladesh came to visit me, (to draft the Bangladesh Constitution). I was the Additional Solicitor General then. We gave them ideas and drafts were exchanged, but it didn’t last for more than a couple of years. Writing a constitution is simpler; borrowing ideas from everywhere is nothing great. How to work the constitution is a grave challenge and it’s fascinating.“
„Law is a matter of the heart, as well as the head. You have to have compassion; it is one of the greatest qualities. Lord Denning and Justice Krishna Iyer have both said that compassion is extraordinarily important in the law, amongst lawyers and particularly amongst Judges. One must be able to assess whether a person has something genuine to say in a case.“
„There is one thing about “our tiny Parsi community” that you must know, which is that to us (or at least to most of us) the one thing greater than being a Parsi is being an Indian. I am proud of the fact that our community rejected the offer made at the time of drafting of India’s Constitution — to Anglo Indians and Parsis alike — to have, for at least 10 years, one special representative in Parliament. Sir Homi Mody said in the Constituent Assembly that Parsis would rather join the mainstream of free India. And we did. We have no regrets. I must also tell you that the “tiny Parsi community” not only churns out legal luminaries, but produces geniuses in the medical field as well. As to how it is that we have been formidable in the legal and medical world, I just cannot say. But I like to think that it is because of our religion — a religion of good morals, which Parsi Zoroastrians find difficult to explain, but easy to live by.“
„One very important thing that young lawyers must know is that when one argues a case and later in the evening you ponder over it and say, that’s what I should have said (but you never said it), that’s the only regret. It could have been the winning point or something you wish you had not said, which is even worse. If you get angry at that point in the courtroom, losing your temper can be a disaster. You can’t afford it because your client suffers and nobody likes you for it. It all comes with age and practice.“
„As a nominated member of the Rajya Sabha, your most important intervention was in suggesting that before investigating corruption allegations against senior officers, the CBI should get approval from the Central Vigilance Commission (CVC) rather than the government. Didn’t the rejection of your proposal show that all political parties are united in shielding corrupt officers?“
— Fali Sam Nariman
On the two institutions of Central Board of Investigations (CBI) and the Central Vigilance Commission (CVC).
„I don’t think, Mr. Palkhiwala, you can add anything more to what Mr. Nariman has so well presented”. These were some of the early memories in the Bombay Bar which Mr Nariman still recalls and cherish.“
— Fali Sam Nariman
When he had appeared in case on the brief of Mr. Palkhiwala.