Eminent jurist and senior advocate Fali S. Nariman passed away on February 21, 2024, at the age of 95. Known as a distinguished constitutional lawyer, he held a prominent position within the legal community and served as a respected voice in matters related to law and justice.
He argued several landmark cases, including the famous NJAC verdict, the SC AoR Association case, and the TMA Pai case, which addressed the extent of minority rights under Article 30. In June 1975, he resigned as the Additional Solicitor General of India to protest against the decision of the Indira Gandhi government to declare an emergency. He was also a fierce votary of civil liberties and an important public voice whose critical opinions about judicial developments carried much weight.
Fali S. Nariman expressed nuanced views on the concept of judicial activism throughout his career. While acknowledging the importance of the judiciary in securing liberty and rights, he also warned against potential abuses of power by judges behaving like "Emperors," emphasizing the need for judicial restraint. In particular, Nariman critically examined the collegium system of appointing judges, suggesting that it could lead to corruption due to the influence of election politics. Despite these concerns, Nariman remained a vocal supporter of civil liberties and played a significant role in shaping the legal landscape of India.