Fali S Nariman: 9 notable cases of the late jurist

Fali Nariman had been part of several landmark cases which paved the way for the evolution of Indian constitutional law. Here is a look at some of these cases. Eminent jurist and Senior Advocate Fali S Nariman passed away in the early hours of February 21 at the age of 95. His career as a lawyer spanned over 75 years with the last half-century being spent as a senior advocate of the Supreme Court of India. During this time, he left an imprint on the law and the legal profession in a vast array of landmark cases. The Second Judges Case: Supreme Court Advocates-on-Record Association v. Union of India In 1981, a five-judge constitution bench of the Supreme Court gave the central government the final say in matters regarding judicial appointments and transfers by allowing the President to refuse recommendations made by the Chief Justice of India (CJI). The court held that the requirement under Article 124 of the Constitution, stating that the CJI must be “consulted”, means that there must be an exchange of views, and there is no necessity for “concurrence” between the CJI and the President. The Supreme Court Advocates-on-Record Association (SCAORA) challenged this decision in 1987 and was represented by Senior Advocate Fali Nariman among a host of other senior lawyers. Nariman argued that “consultation” in the context of judicial appointments means more than merely seeking advice. He stated that the advice given through consultation with the CJI must be seen as binding in order to protect the independence of the judiciary, as judges would be in a better position to determine the suitability and competence of candidates. In 1993, the nine-judge bench agreed with Nariman’s arguments and established the Supreme Court Collegium. It’s a body comprising the senior most Supreme Court judges which is tasked with making binding recommendations for appointment of judges to the apex court and High Courts. This method of appointment has remained in place since this decision.

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