BEFORE MEMORY FADES - FALI S. NARIMAN
‘Before Memory Fades’ is is a personal narrative of the life of Fali S. Nariman, a senior advocate in Supreme Court of India. A very reputed layer, !oth nationally and internationally, Nariman has !een associated ith hi"h profile cases hich find a special mention in this !oo#. $he !oo# discusses his life ri"ht from his childhood days spent in %an"oon, shiftin" to Bom!ay due to the &apanese ta#eover of %an"oon, his life thereafter in Bom!ay and ho he decided to ta#e up la as a career, his su!se'uent practice in Bom!ay (i"h Court hich started in the cham!ers of &amshed)i &amshed)i *an"a+ hose humility "reatly influences Nariman, Nariman, his up"radation up"radation as the Attorney Attorney Solicitor eneral -AS and his shiftin" to /elhi ith h is ife+Bapsi, his !ecomin" a mem!er of the %a)ya Sa!ha for a full term of si0 years, his receivin" the 1adma 2i!hushan, etc. (e tal#s very hi"hly of his marria"e ith Bapsi hile attri!utin" his success to the constant support of his ife throu"h thic# and thin. (e descri!es his "randmother ith "reat affection and respect as ell. (e also very proudly mentions the achievements of his children. $his shos the e0istence of a convivial relationship ith his family hich "oes a lon" ay in the ma#in" of a "reat "reat person personali ality ty.. $he auto!io auto!io"ra "raphy phy,, hoever hoever,, mainly mainly revolv revolves es around around his life life as a le"al le"al practitioner hile "ivin" profound instances of his relationship relationship ith eminent )ud"es and layers. $he ritin" style is typical of a layer ith many footnotes and side notes ithin parentheses hich do not ma#e up for a "reat piece of literature. But literary perfection is not hat the !oo# see#s to achieve. It is mostly full of anecdotes of "reat )ud"es and layers. $he !oo# has presented his adulation for itty people and their a!ility to "et out of difficult situations ith "reat ease. An ela!orate description of the ri"hteous and reformative character of )ud"es li#e &ustice *rishna Iyer and &ustice Su!!a %ao finds a lot of mention in this !oo#. $he readers "et a personified vie into the le"al orld hich is li#e a !reath of fresh air from the usual monotony associated ith the le"al field. $he !oo# also thros li"ht on ho it is essential for a layer to maintain healthy contacts ith people. It can land one ith "reat opportunities. 3ne of the many e0amples elucidatin" this is ho he "ot appointed as the Attorney Solicitor eneral -AS of India. Nariman also accounts his denial of )ud"eship offered to him on to occasions. 3nce !y &ustice Sora! *otal for Bom!ay (i"h court hich he could not accept due to financial reasons
and the other !y &ustice 4 2 Chandrachud, !ut this time, !ecause he thou"ht he could not !ecome a "ood )ud"e. $he !oo# has advice hich is inte"ral for a la student. (e has also provided insi"ht in the Inter 5ater /isputes and the manner in hich they are handled in India hile providin" su""estions for improvin" them in the lon" term as ell as short. $he !oo# thus !ecomes an essential read for layers and la students !y providin" them ith an insi"ht inside the mind of a le"al luminary. (is opinion of eminent personalities reflects his admiration of people ith values of inte"rity, humility and "enuineness. (is hi"h re"ard for compassion and humility can !e seen from his accounts of the /alai 6ama and Mother $eresa. $he auto!io"raphy has also touched a sensitive side of la +hich most people turn a !lind eye to+ the conflict, the dissents and the repercussions of "oin" a"ainst the state. $his is most ela!orately descri!ed in his criti'ue on the proclamation of Internal 7mer"ency of 89:; due to hich he resi"ned from his post of AS. $he mention of his resi"nation has !een made 'uite a fe times in the !oo#. $his shos his firm !elief in his principles and his readiness to "o to any e0tent to practice them. (e calls the 7mer"ency as
e the importance of their ri"hts to lead a civili>ed e0istence. /iscussion on the pli"ht of transferred )ud"es durin" the 7mer"ency ho dared to "o a"ainst the overnment shos the situation in the )udiciary. 3ne such )ud"e as &ustice %an"ara)an ho has !een "reatly admired in the !oo#. A lot of criticism as received !y Nariman for his role as an advocate for ?nion Car!ide Corporation in the Bhopal as $ra"edy case. An unconvincin" presentation of his defense has !een made in this re"ard. Cases li#e ola#hnath@, *esavananda Bharati, Bennet Coleman and
8 Indira Gandhi v Raj Narain, 89:; SCC -@ 8;9. @ Golakhnath v State of Punjab, 89: SC% -@ :@. Kesavananda Bharati v. State of Kerala, 89: SCC - @@;. Bennet Coleman v Union of India, 89: SC% -@ :;:. @
St. Davier’s Colle"e Ahmeda!ad v State of u)arat;, A/M &a!alpur v Shu#la, Supreme Court Advocates+on+%ecord Association v ?nion of India: -hich he ould have preferred to lose etc. that have "one a lon" ay into shapin" the le"al environment in the country have also !een discussed. $hey sho ho every case has a !ac#"round hich is essential to the formin" of the opinions of )ud"es and ho havin" a strict constructionist vie hile decidin" upon cases can !e detrimental to the decision of such cases. (e elucidates his concern for the )udiciary hile discussin" these cases. $he auto!io"raphy is mar#ed ith the presence of clarity and coherence. $he shortcomin"s, thou"h, are the lac# of personal perspective of Nariman on issues mentioned. $he reader is left ith many anecdotes to infer this from. (oever, the !oo# is much more than )ust a collection of anecdotes. A close analysis of the !oo# reveals Nariman to !e a very arm and accommodative person ho respects opposin" vies, a 'uality very fe eminent layers possess. And finally, the !oo# also serves as a "entle reminder of the hu"e impact a layer can have on society.
; St. Xaviers Colle!e "hmedabad v State of Gujarat , 89:; SC% -8 8:. "#$ %abal&ur '. Shivkant Shukla, 89: SCC -@ ;@8. : Su&reme Court "dvo(ates)on)Re(ord "sso(iation v Union of India, 899 SCC - 8.
