Nanabhoy ‘Nani’ Ardeshir Palkhiwala was a well-known lawyer who fought some of the most important conflicts in Indian constitutional history, defending people’s fundamental rights.
Early life:
Nani Palkhivala was born in what was then the Bombay Presidency in 1920. His surname derives from the occupation of his forefathers, who were palanquin manufacturers (a common practice among Parsis) (“palkhis”). He attended Masters Tutorial High School and then St. Xavier’s College in Bombay. Law must have seemed like an odd career choice for Nani Palkhivala. The young Nani wanted to be an English lecturer despite coming from lowly circumstances and recovering from a prolonged spell of speech impediment (Stammer). One of India’s top legal minds was born as a result of academia’s loss. (It was late in the semester, most courses were closed, so he enrolled at the Government Law College in Bombay.)
Landmark:
The Kesavananda Bharati v. State of Kerala (1973) case on fundamental rights is regarded as Palkhiwala’s most well-known and successful achievement. The main issue in this significant case was whether the Constitution may be changed or amended while still protecting citizens’ fundamental rights. Palkhiwala convinced the Supreme Court to accept the basic structure concept while arguing on behalf of the petitioner, and this ruling was regarded as a turning point in the evolution of the basic structure doctrine.
Keshavanda Bharati v. State of Kerala was big enough to call for the formation of an unheard-of thirteen-judge bench and was nothing less than an all-out battle fought on several fronts of constitutional law.
Constitutional Contribution:
1) After only 10 years of experience, Palkhiwala argued his first case before the Bombay High Court in May 1954, which involved the interpretation of Articles 29(2) and 30 of the Indian Constitution. The legal dispute centered on Anglo-Indian schools’ ability to admit students to institutions that provide English as a second language. In this case, the Supreme Court upheld the lower court’s judgment.
2) He accepted to represent Indira Gandhi in 1975 after the Allahabad High Court nullified her election to the Lok Sabha. He resigned as her advisor, nevertheless, after she declared a state of emergency. In November 1975, Palkhiwala and a group of civil liberties attorneys filed a petition with the Supreme Court protesting the suspension of all fundamental rights during the Emergency. Palkhivala was adamant about his willingness to challenge the authorities.
Palkhiwala, furious by the government’s betrayal, protested the government’s midnight executive order de-recognizing the Privy Purse.
Additional Info:
The man who turned down offers to sit on the Supreme Court bench and to be the central government’s first law officer would eventually accept a government appointment as India’s ambassador to the United States of America in 1977. There was a virtual race among universities to bestow honoris causa doctorates on this capable polymath from India.
