Monday, November 23, 2015

Fwd: Wit & Wisdom of Nani Palkhivala



Name

​Legal Eagles​

Author

​Indu Bhan​

Publisher

​Random House                       Pages 230​

Price

​Rs.399/-​

 

Legal  Eagles by Indu Bhan ; published by Random House ; Pages   230 ; Price Rs 399/-


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 A year ago we published the review of the book " Three Judges and Their Times " which highlighted the monumental contribution of  Justices K.T.Telang, M.G.Ranade and N.G.Chandavarkar to ensure justice for the common man during the British Rule. During the first fifty years of Independent India we had a galaxy of legal luminaries—to name a few-- Nani Palkhivala, Kanga, M.C.Setalvad, P.N.Bhagwati,  M.C.Chagla,V.R.Krishna Iyer—who contributed to the maintenance of a high level of legal probity and order.

 

During the last twenty five years  we have the fortune to have distinguished lawyers. The author of the  book under review  has selected seven top Indian lawyers and dealt with their lives and times. They are Rohinton Nariman, Harish Salve,Mukul Rohtagi, Abhishek Manu Singhvi, Aryaman Sundaram, Aravind Datar and Prashant Bhushan.

 

The author Indu Bhan is  a highly respected legal reporter and runs a weekly column " Verdict  Corner", which covers the developments in the field of law. She  is connected with Business Standard, PTI and Financial Express.


The distinguished former Chief Justice of India R.M.Lodha has written a learned " Foreword " He has raised a number of questions—"How did the seven lawyers distinguish themselves from the others in the legal profession?. What has gone into making them such successful lawyers ?.What has been their contribution to the development of law and constitutional principles?".Due to space constraints we deal with only five  lawyers.

 

Abhishek Manu Singhvi is an eminent jurist, parliamentarian, media personality, columnist, author and commentator. He was the youngest Additional Solicitor General at the age of 37. He lays great emphasis on " Preparedness "—both " "Case Preparedness " and " Court Preparedness ". The important cases he dealt with are "NTC Bombay Mills ",   "Mandal ". His fame rests on the case relating to the " national flag—Right to fly the Tricolour".

 

Harish Salve wears two hats. He is a barrister and joined "Gray's Inns" in London. This is in addition to being a leading lawyer in our Supreme court. He failed twice in the Chartered Accountancy Examinations. He assisted Palkhivala in the " Minerva Mills" case. Palkhivala advised him to join the chambers of Soli Sorabjee. Salve's most famous case is the " Bearer Bonds " case for which he won praise from several senior lawyers. He was designated    " Senior Advocate" by the Delhi High Court. His important cases involved bigwigs like the Ambanis, Mahindras . He represented Ratan Tata in the  right to privacy case.

 

The third legal luminary is Aryaman Sundaram who is the grandson of a legal giant of yesteryears—Sir. C.P. Ramaswamy   Iyer. Sir C.P. wanted his grandson to become a lawyer. Sundaram began his legal career in the law firm of     " King  and Partridge". Later he started his own legal firm. At 38 he was the youngest advocate ever to be designated as   "Senior Advocate " in the history of the Madras High Court. Sundaram represented the FICCI in in the 2G Spectrum Presidential reference. Currently, he is handling the infamous India Premier League ( IPL) spot-fixing and betting case being heard in the Supreme Court.

 

Prashant Bhushan, the fourth lawyer has a distinguished legal giant as his father—Shanti Bhushan.  He it was who represented Raj Narain who unseated the formidable Smt.Indira Gandhi. Prashant got involved in several civil liberty issues. During the infamous emergency he joined the People's Union of Civil Liberties. All of us know his role in the formation of the Aam Aadmi Party. PILs became his forte. The 2G Spectrum scam, Coalgate, the fracas over the Radia tapes, Coal and Iron Ore mining scams—all these alerted the Government as it did the corporate world. Prashant played an important role in all these cases. It was due to his initiative that the Apex Court cancelled all 122 licences on 2ndFebruary 2012 and ordered a re-auction. Prashant has made an impact and what he speaks in Court is taken with a high level of seriousness.

 

One advocate who has been elevated to the B

​ench

 is Rohinton Nariman. His famous judgement which struck down Section 66A of the Information Technology Act, 2000 was the first-ever verdict on the right to freedom of speech on the Internet and was hailed by all jurists. Soli Sorabjee declared, " The judgement is well-researched, well reasoned and erudite in expression". As a lawyer Rohinton was an inspiration to the young aspirants because of his ethos, and the hard work, passion and commitment he put into every brief.

 

This is an admirable book that will inspire budding lawyers. It will teach them to acquire skill in argument, perception of legal principles, close train of logic, command over language and eloquence.

 

 P.P.Ramachandran.

​ 

October 30, 2015.​




 


Saturday, October 24, 2015

Wit & Wisdom of Nani Palkhivala

Name

Wit & Wisdom of Nani Palkhivala

Author

Compiled by  Jignesh Shah

Publisher

Rupa

Price

Rs. 195/-

 

Behram Palkhivala, brother of Nani Palkhivala  has carefully preserved a good portion of Nani's articles, speeches and interviews and  write-ups on him over a period of sixty years. Since he had physical limitations he entrusted the work of selection from this massive material to Jignesh Shah, a practicing advocate and a reputed writer.

The best of Nani which is presented in the book under review will perpetuate Nani's memory. The younger generation who did not have a chance to hear or see Palkhivala  will have a glorious chance to read the witty and scintillating sentences of Nani which have been carefully culled from his complete works. It will enable the new generation to learn what Palkhivala stood and fought for. He was the master of the spoken and written word.

The book is published by the Nani Palkhivala Trust—the distinguished Chairman of this  organization—Shri,Y,H.Malegam has written a brief introduction. Malegam declares , " The wide canvas on which Nani wrote and spoke constitutes a kaleidoscope which reflects his vast and varied interests, distinguished as much by the felicity of his language as by the profundity of his thoughts."

                                     

Palkhivala grew up and  made his mark from the chambers of Sir Jamshedji Kanga — a towering personality with an indelible stamp of greatness.

 

When Sir Jamshedji completed 60 years of practice, Chief Justice M.C. Chagla unveiled his portrait in Bombay's High Court library, describing Kanga as the "uncut diamond of the Bar" — "uncut" because he was so child-like, but never childish. Next to his own father, Nani loved his senior. It was but natural then that a good deal of Kanga's qualities would rub off on to his illustrious junior: phenomenal memory, innate simplicity and high values, even forgetfulness for names!

 

When Nani wrote his truly monumental work, the book on income-tax  he put Kanga's name as the first co-author. But Kanga, with characteristic greatness, acknowledged that the entire work was Nani's, taking solace in the reflection of St. Paul : "I have fought a good fight. I have finished the course. I have kept the faith". Nani also fought a good fight: for liberty and freedom when those concepts needed fighting for. And he finished the course: when, almost single handedly, he prevented a major political party with a two-thirds majority in Parliament from changing the Constitution "to suit the times", He argued the Golaknath and Keshavananda  cases. It was his  persuasive arguments that convinced seven of the justices to accept as law that there were certain "unamendable" features of the Indian Constitution. By doing so he kept the faith — the faith of the spirit of our written document of governance.

 

Nani was a phenomenal success, not only in the law but in public life as well. His name became a household word with the citizens of India. To the common man and woman who read the daily newspaper, he was "our Nani": a champion of human values, of freedom and of liberty. 

 

Palkhivala's  speeches on Budgets which were held in small halls had to be held in the Brabourne Stadium. He tore apart the regressive policies of the government and tyrannical taxation measures of the governments.

This book contains the distilled essence of Nani's wit and wisdom, the concise nature of the book making it a pure joy to relish. Jignesh has done an excellent job.

A few extracts are given below.

On Dadabhai Naoroji's election to the House of Commons by a majority of three votes; There was a special virtue in the narrow majority ; it relieved the voters of the effort to articulate the name Naoroji—they dubbed him " Narrow-Majority"

Chief Justice M.C.Chagla ; He wrote his judgements even as the grass grows—effortlessly, spontaneously, They are tinged with the essential characteristics of his own personality—sweetness and light.

Stability is anathema to the North Block. To preach the virtue of stability to our Finance Ministry is like seeking to preach the value of peaceful coexistence to Genghis Khan.

The story goes that when other nations remonstrated with God that he had been very partial to India and had given it disproportionately large natural and human resources, God answered," To offset these benefits I shall give India—the Indian Government". For more go to the book!

 

P.P.Ramachandran,

23 / 10 / 2015