The year 1975 is etched in the annals of Indian history as the year of the Emergency – a tumultuous period marked by the suspension of civil liberties and the imposition of authoritarian rule.during this tumultuous time, the Indian judiciary faced a severe test of its independence and integrity. Among the many jurists who rose to the occasion, one name stands out for his unwavering commitment to justice and the rule of law: Fali Nariman.
Fali Sam Nariman, born on January 10, 1929, in Rangoon, Burma (now Yangon, Myanmar), is a renowned Indian jurist and senior advocate of the Supreme Court of India. He is widely respected for his legal acumen, ethical integrity, and unwavering commitment to the principles of democracy and the rule of law.
The 1975 Emergency, declared by then Prime Minister Indira Gandhi, was a time of great turmoil for the Indian judiciary. The government’s actions were characterized by a blatant disregard for the Constitution and the fundamental rights of citizens. The judiciary was under immense pressure to comply with the government’s directives, and many judges succumbed to this pressure. However, Fali Nariman was one of the few who refused to compromise on his principles.
Nariman’s toughest time came when he was asked to argue in favor of the government’s actions during the Emergency. As a senior advocate, he was expected to defend the government’s actions in court. However, Nariman was unwilling to do so, as he believed that the government’s actions were unconstitutional and violated the fundamental rights of citizens.
Nariman’s refusal to argue in favor of the government’s actions during the Emergency was a bold and courageous act. It was a clear demonstration of his commitment to justice and the rule of law, even in the face of immense pressure and personal risk.
During the Emergency, many people were arrested and detained without trial, and the judiciary was severely compromised. However, Nariman remained steadfast in his commitment to justice. He continued to speak out against the government’s actions and defend the rights of those who were unjustly detained.
Nariman’s actions during the Emergency earned him the respect and admiration of his colleagues and the legal fraternity. He was hailed as a hero for his courage and integrity, and his refusal to compromise on his principles served as an inspiration to many.
After the Emergency was lifted in 1977, Nariman continued to play a prominent role in the Indian legal system. He has served as the President of the Bar Association of India and has been a member of several important legal committees. He has also authored several books on legal subjects and is a sought-after speaker on legal issues.
In recognition of his contributions to the legal profession, Nariman has been honored with numerous awards and accolades. He was awarded the Padma Bhushan in 1991 and the Padma Vibhushan in 2007. He has also been awarded honorary doctorates by several universities.
Fali Nariman’s most difficult time during the 1975 Emergency showed his strong dedication to fairness and the importance of following the law.His refusal to compromise on his principles and his willingness to stand up to the government’s actions serve as a shining example of courage and integrity. As we reflect on this dark period in Indian history, we can draw inspiration from Nariman’s example and strive to uphold the principles of democracy and the rule of law.
