Justice R F Nariman: One Of The Lions Guarding The Judiciary

Key Takeaways

• Justice Rohinton Fali Nariman is the son of well-known jurist Fali S. Nariman. He was born on 13th August 1956.
• He pursued his initial legal studies in Delhi University and his Master's degree from Harvard Law School.
• At the age of 37, Justice Nariman was awarded the title of Senior Advocate. In 2013, he served as the Solicitor General of India.
• On 7th July 2014, he became the fifth person in the history of the Supreme Court to be elevated directly from the bar to the position of Judge.
• Justice Nariman has delivered several landmark judgments as a senior judge in the Supreme Court of India. His famous judgments are Shreya Singhal v. Union of India; Shayara Bano v. Union of India; Justice K.S. Puttaswamy v. Union of India and Navtej Singh Johar vs. Union of India.

Introduction

This article is dedicated to one of the most acknowledged judges and an eminent jurist, Justice Rohinton Fali Nariman. He has been known to be a part of many landmark judges. He has contributed to the legal fraternity in many ways. Justice Nariman has always been appreciated for his progressive thoughts that could be seen through his views in the judgments he has delivered along his way. He retired from his office on 12th August 2021, after working as a senior judge in the Supreme Court for seven years.

About Justice Nariman

Justice Rohinton Fali Nariman is the son of well-known jurist Fali S. Nariman. He was born on 13th August 1956. He pursued his legal studies at the Faculty of Law, ranking second in the University of Delhi's graduating class. He went on to earn his Master's degree in law from Harvard Law School, where his thesis compared affirmative action policies in India and the United States.

At the age of 37, Justice Nariman was awarded the title of Senior Advocate. The minimum age rules were amended by then Chief Justice Venkatachalaiah in the year 1993. In 2013, he served as the Solicitor General of India. On 7th July 2014, he became the fifth person in the history of the Supreme Court to be elevated directly from the bar to the position of judge. He established the Supreme Court Welfare Trust to provide for lawyers' welfare and foster the development of young talent. He also served on the Supreme Court's Mediation Committee as a mediator. However, Justice Nariman retired at the age of 65 on 12th August 2021. Distinguished in comparative constitutional law and civil law, Justice Nariman is widely regarded as an expert.

Highlights of Justice Nariman's Career

Justice Nariman has been known to deliver several landmark judgments in his timeline as a senior judge in the Supreme Court of India. Some of his landmark judgments are:

• Mohd. Arif v. The Registrar, Supreme Court of India (WP (Cr) 77/2014): In the year 2014, along with a five-judge bench, the decision, in this case, was heard. Previously, all review petitions were decided in chambers without the presence of any attorneys representing the petitioners. In his decision, Justice Nariman stated that any appeal of a convict's death sentence should be heard in open court by a panel of at least three judges.
• Shreya Singhal v. Union of India (WP (Cr) 167/2012): In 2015, it was declared by a Division bench of the Supreme Court that Section 66A of the Information Technology Act, 2000, is unconstitutional because it is "open-ended, undefined, and vague." Also, Section 66A gave the police the authority to detain anyone they suspected of posting electronic messages, causing annoyance or inconvenience. The Bench comprised of J. Chelameswar and J. Nariman.
• Shayara Bano v. Union of India (WP (C) 118/2016): In one of the most landmark judgments in the Indian legal history, Justice Nariman, along with Justices Kurian Joseph and UU Lalit, in a five-judge bench, struck down the practice of triple talaq with a 3:2 majority. The practice was declared to be unconstitutional, illegal, and void. Justice Nariman reaffirmed that a law's manifest arbitrariness could be used as a justification for its repeal.
• Justice K.S. Puttaswamy v. Union of India (WP (C) 494/2012): In another landmark judgment, the nine-judge Constitutional Bench explained the broad concept of Article 21 and held that according to Article 21 of the Constitution, the right to a dignified life is inextricably linked to the right to privacy. The Bench, including Justice Nariman, with a unanimous decision, declared privacy as a fundamental right.
• Navtej Singh Johar vs. Union of India (WP (Cr) 76/2016): A five-judge constitutional bench of the Supreme Court, also including Justice Nariman, decriminalized homosexuality and such consensual sex among adults. This judgement marked another milestone in the history of the Indian judiciary.
• Joseph Shine vs. Union of India (2018 SC 1676): In 2018, a five-judge bench, with Justice Nariman as a member, unanimously struck down Section 497 of the Indian Penal Code. This resulted in the decriminalisation of adultery.

These are just some of the instances of the contribution made by Justice RF Nariman. He has been appreciated by every member of the legal fraternity, including the CJI.

Justice Nariman's Retirement

Justice Nariman's legacy of seven years as a Supreme Court judge ended on 12th August 2021. As it is customary, Justice Nariman shared the Bench with Hon'ble CJI NV Ramana in Courtroom No. 01 on his last working day. The retiring judge received an emotional farewell indeed. Even the CJI confessed feeling too overwhelmed to put his thoughts into words. CJI NV Ramana, in his address, said that "I feel like I am losing one of the lions that guarded the judicial institution, someone known for his erudition, clarity, and scholarly work. This institution will miss his knowledge and intellect... He was one of the pillars of our strong judicial system. He always stood for what is right."

Justice Nariman's farewell was a mixed feeling for Supreme Court Bar Association President Vikas Singh. He said the institution should thank Justice Lodha for recommending Justice Nariman to the Supreme Court. No tenure would be enough for Justice Nariman. Mr. Singh added that Justice Nariman's life has been very hectic as a lawyer and a judge. He hopes that Justice Nariman can finally pursue all his passions after retirement.

Conclusion

Justice Nariman will be missed, said Supreme Court Advocates on Record Association President, Shivaji Jadhav. He added that Justice Nariman had delivered over 500 reported judgements. Once the verdict was reserved, he dictated the judgement in two or three days due to his sharpness.

According to Senior Advocate Dushyant Dave, Justice Nariman was not only a popular judge but also a model of a fair and compassionate judge who was equally kind to all lawyers, especially the young bar members.

Aishwarya Bhati thanked Justice Nariman for demonstrating "how wonderful things can be." "You were a God to us when we entered the profession, and you continue to raise the pedestal." said Additional Solicitor General Bhati. The farewell event organized by the Supreme Court Bar Association received addresses from all the sections. Everyone acknowledged and appreciated the patience that Justice Nariman had portrayed during his tenure. He has been an inspiration to everyone.

While making his speech, Justice R F Nariman said to meet people's expectations about the quality of justice, and merit must be the most important factor in selecting judges for the Supreme Court. Justice Nariman added, "It is time more direct appointees were elevated to this Bench… I would also say and exhort those direct appointees who are asked never to say no. It is their solemn duty having reaped so much from the profession to give back."

It can be said that a legacy has ended. However, Justice Nariman's contributions are always going to be remembered. His works will always inspire everyone in the legal fraternity.