In this 2023 interview, Nariman discusses a wide array of topics including legal education, ethics, the practice of law, work-life balance, and more.
The nation grieved the loss of one of the most esteemed and knowledgeable figures in the legal community, Fali Sam Nariman, on Wednesday morning.
As tributes flooded in for the distinguished jurist, we reminisce about an interview conducted with Nariman back in 2023.
In this archived interview from Advocate’s Journal, Nariman discusses various topics including legal education, ethics, the practice of law, work-life balance, and more.
Here are edited excerpts from the interview.
Advocate’s Journal: What motivated your decision to pursue law? Take us through your experiences during your college years.
Fali Sam Nariman: Law became my final resort. My father encouraged me to pursue the Indian Civil Service exam, but financial constraints made it unfeasible. With a second-class BA degree and lacking proficiency in science or mathematics, law emerged as the only viable option.
During my time at Government Law College, we organized a simulated Parliament, which mirrored the functioning of the real one, for better or worse. Our Principal served as the authoritative figure, and we strictly adhered to parliamentary procedures. Within this setup, I was affiliated with the Democratic Party, serving as Prime Minister in my first year, leader of the opposition in my second year, and ultimately as Speaker in my third year.
Advocate’s Journal: How challenging were the early years of your legal practice?
Fali Sam Nariman: The initial years were undoubtedly challenging, though the extent of difficulty is hard to quantify. Fortunately, we were privileged because diligent effort was often met with exceptional competence and kindness from the judges. They weren’t concerned about whether a senior counsel was present or not. They welcomed competent junior lawyers, particularly those with around five years of experience.
Even as a novice junior at the Bar, judges would sometimes inquire in a solemn tone, “Notice of Motion to a Senior Counsel, are you appearing alone?” This subtle cue prompted solicitors to include us in briefs, even if it meant, “Mr. Nariman also appeared alongside the Senior Counsel.” Despite my lack of knowledge at that early stage, such gestures were incredibly encouraging.
Advocate’s Journal: What guidance would you offer to students and aspiring lawyers in the present day?
Fali Sam Nariman: Nowadays, you have an abundance of options. In our time, our understanding was quite limited, probably about 10 percent of what today’s law students grasp. For those aspiring to enter the legal profession, I would advise against trying to flaunt your knowledge. There’s an immense amount to learn and experience in the field of law, and no one can claim to have reached the pinnacle of knowledge. The moment you believe you know everything, that’s when your downfall begins. Learning in law is an ongoing process, and humility is crucial because you can never truly master the law. Even at this age, my senior Jamsetjee Kanga used to say, “I’m still learning,” and he genuinely meant it. He possessed an extraordinary ability to discern the most significant aspects of a case, unlike many of us.
I’m not fond of the current trend of moot courts in law schools. My granddaughter participates in these moot courts, but I find the practice of referencing specific cases such as “In A vs. B, it was said…” rather unproductive. In most cases, the outcome depends heavily on the specific facts, except for matters of constitutional law.
Advocate’s Journal: Following the attacks on Christians, you stepped down from representing the Gujarat government. How significant do you consider personal values within the legal profession?
Fali Sam Nariman: I was representing the Gujarat government regarding the rehabilitation program for Project Narmada. During that time, there were incidents of harassment against Christians, including the burning of Bibles and even the killing of Christian individuals. In protest, I approached the Minister, who assured me that such incidents wouldn’t occur, but unfortunately, they persisted. Consequently, I returned the brief, leading to a significant upheaval.
Law isn’t just a matter of intellect; it involves matters of the heart as well. Compassion is paramount, as noted by Lord Denning and Justice Krishna Iyer, who emphasized its importance not only among lawyers but especially among judges. It’s crucial to discern whether someone has genuine grievances in a case.
“Law involves both emotions and intellect. Compassion is indispensable; it ranks among the highest virtues.”
– Fali Nariman
Advocate’s Journal: You’ve expressed your reservations about the appointment of judges. What measures do you believe could enhance the appointment process? Do you advocate for the adoption of the United States’ system of Senate approval?
Fali Sam Nariman: The Collegium system has proven ineffective and continues to do so. Similarly, I doubt the applicability of the US system in our context. While I was initially optimistic about the National Judicial Appointments Commission, with hindsight, I’m skeptical about its effectiveness. It’s unclear who appoints judges, but those who are appointed should possess qualities that enable them to evolve and improve. I’ve witnessed judges progress through various courts. For instance, Justice JM Shelat started modestly at the city civil court, showing reasonable competence. However, as he ascended to higher courts, his performance markedly improved. This growth necessitates shedding one’s weaknesses along the way.
Advocate’s Journal: Who has been your guiding influence in the legal profession?
Fali Sam Nariman: My seniors played a crucial role, especially Senior Jamsetjee Kanga, who served as my mentor. He was akin to a father figure to me. Even at this age, he professed that he was still in the process of learning. He possessed an exceptional memory, a trait shared by my son, Rohinton. Interestingly, both of them were ordained priests.
Advocate’s Journal: What motivated you to document your reflections in ‘Before Memory Fades’? Could you describe your approach to writing this book?
Fali Sam Nariman: It was actually my publisher who persistently encouraged me to embark on this endeavor. I began writing a few years back. The idea had been lingering, but I hadn’t taken the initiative to start writing. Crafting an autobiography is challenging as one must balance transparency while avoiding excessive self-projection.
Advocate’s Journal: What legal field captures your interest the most, and why?
Fali Sam Nariman: In my perspective, constitutional law holds the greatest allure. The art of implementing the Constitution holds far more significance than merely drafting it. I recall an instance when the Foreign Minister of Bangladesh visited me (for assistance in drafting the Bangladesh Constitution) during my tenure as Additional Solicitor General. We exchanged ideas and drafts, but unfortunately, the endeavor didn’t last long. Drafting a Constitution may seem straightforward, as one can borrow ideas from various sources, but the real challenge lies in effectively implementing its principles—a task that I find profoundly fascinating.
“Crafting a Constitution might appear straightforward, as it involves borrowing ideas from diverse sources, which isn’t particularly remarkable. However, the real complexity lies in navigating the functioning of the Constitution—a formidable challenge that I find both compelling and intriguing.”
– Fali S Nariman
Advocate’s Journal: How do you manage to maintain a balance between work and personal life?
Fali Sam Nariman: At this age, I’ve significantly reduced my workload. While most individuals retire at this age, lawyers seem to keep going until their last breath! It’s challenging to declare a formal retirement, although in England, judges and lawyers do so. Nevertheless, there comes a point when one must scale back. I decline more cases than I accept, a practice I’ve upheld for quite some time now. Fortunately, the younger generation in both the legal profession and the judiciary demonstrates remarkable talent. We have exceptionally skilled young judges who contribute significantly.
“While most people retire at this age, lawyers seem to keep going until they’re no longer able to. It’s challenging for us to simply say, ‘I’m going to retire.”
– Fali S Nariman
Advocate’s Journal: Can you recall your most awkward moment?
Fali Sam Nariman: Amidst the highs and lows of a long life, one particularly embarrassing incident stands out. It occurred during my college days in Bombay back in 1949 when I was part of a team representing Bombay University against a visiting team from Oxford and Cambridge University. Being a keen debater, I meticulously prepared my speech, committing it to memory. During the debate, I flawlessly delivered the first 12 minutes, recalling everything I had memorized. However, my memory failed me thereafter! This memory lapse unfolded before an audience of approximately 300 people in the Convocation Hall of Bombay University, marking one of the most humiliating moments of my life. For years afterward, I grappled with nightmares stemming from this experience. Since then, I’ve made it a point to always have a written transcript of my speeches, ensuring that in the event of my memory failing, the written script can seamlessly take over.
Advocate’s Journal: Are there any aspects of your career that you regret?
Fali Sam Nariman: Like anyone else, I do experience the usual regrets from time to time. Losing a case, for instance, can be regrettable. However, one crucial aspect that young lawyers should be mindful of is the moments of reflection after arguing a case. You may find yourself thinking, “That’s what I should have said,” but failed to articulate it during the proceedings. This is the only regret. It could have been a decisive argument or even something you wish you hadn’t said, which is even more regrettable. Losing your temper in the courtroom can be disastrous; it not only affects your client but also tarnishes your reputation. However, with time and experience, one learns to navigate such situations more effectively.
“Losing your temper in the courtroom can prove disastrous; it’s a luxury you cannot afford as it directly impacts your client’s well-being. This wisdom typically comes with experience and the passage of time.”
– Fali S Nariman
