“If a count were to be made of the ten topmost lawyers of the world, I have no doubt that Mr. Palkhivala’s name would find a prominent place therein” – H.R.Khanna.

Nanabhoy ‘Nani’ Ardeshir Palkhiwala was a famous attorney who battled probably the most significant fights in Indian Constitutional history shielding the central privileges of individuals, in addition to other things. A distinguished jurist, an economist, a defender of constitutional liberties, Nani Palkhivala was a man with multi-faceted personality[1]. What if ‘Nani’ was not there when the then Prime Minister Indira Gandhi was convicted by Allahabad High Court for electoral malpractices and debarring holding any elected post falls under this category in 1975? It was Nani Palkhivala who stood like a wall in between the government and those laws, and saved our democracy. It was evident that Palkhivala wasn’t afraid of taking on the government.

It was the landmark judgement case of Kesavananda Bharti V. State of Kerala which shaped his career. Palkhiwala was born in Bombay and he completed his Master’s degree in English literature from St. Xaviers College. And thereafter he did law from Government Law college. He entered the court in 1946 and served under one of the legendary Advocates Sir Jamshedji Behramji Kanga in Bombay. After just 10 years of practice, in 1954 he fought his first case in the Bombay High Court concerning the interpretation of Article 29(2) and Article 30 of the Indian constitution. Some of his famous cases were – PJ Irani, Ujjam Bai, Gujarat University, Keshavanandan Bharti case, Minerva Mills, Mandal case, Bank Nationalization, Indira Nehru Gandhi. The case of Kesavananda Bharti V. State of Kerala was filed by the chief of Edneer Mutt Kesavananda Bharti, a religious institution after the Kerala state government passed the Land Reforms Amendment Act in 1960, wherein it was stated that government can acquire any land. On 21st March 1970, he moved to the Supreme court under Article 32 of the Indian constitution for his privileges which ensured under:

Article 25, right to practice and propagate religion

Article 26, right to manage religious affairs

Article 14, right to equality

Article 31, compulsory acquisition of property.

He also challenged the 24th, 25th, 26th, and 29th amendments enacted by the then Prime Minister Indira Gandhi to get over the judgments of the Supreme Court in RC cooper, Madhavrao Scindia, and the Golakhnath case[2]. Under Keshavanandan Bharti case, parties had employed their best and most capable lawyers, but, it was Nani Palkhivala who stood tallest at the end of the bitter fight over fundamental rights of an Indian citizen. To have showed up in, not to mention leave an imprint in such a case would have gotten a legal counselor’s spot in the country’s set of experiences. But Palkhivala realized that the government required a strong intellectual opposition.

Directed by his libertarian ethos and impacted by his ringside perspective on how far a liberated government will go, he tossed his scholarly weight and legitimate discernment behind taking on what he saw as the wrongs of Nehruvian communism. After a long process, it was held that Parliament can amend any part of the Indian constitution but not the ‘BASIC STRUCTURE’ of the constitution by a 7-6 verdict. Seven out of thirteen judges had brought Palkhivala’s then-novel argument and me, as an advocate -to-be is happy that they did the right thing. But all this said and done, tax law was the main turf and the pitch where he played the game of his life. It was not only his passion but also his bread and butter[3]. He extensively read not only tax law and constitutional law, but also several other laws on a regular basis. He mastered the fundamental laws such as jurisprudence and interpretation of statutes. There was in Mr. Palkhivala something unfathomable, something unexplainable, something extraordinarily radiant and that was an element of divinity. All the three Goddesses had showered their choicest of blessings on him[4]. Palkhivala had profound information in law as well as in different subjects and he had got this gift from Saraswati, the Goddess of Knowledge. He could acquire any measure of abundance at his will and his order over the most well off of affluent money manager and industrialists was a capacity that he got from Laxmi, the Goddess of Wealth. That in any showdown he could vanquish any enemy, the energy he got from Goddess Kali. Any individual who interacted with him was promptly profoundly attracted to him. After a profound and escalated study, investigation, experience and openings of both the material and the otherworldly world, Mr. Palkhivala winnowed out five undying standards which could undoubtedly be viewed as his religion. These were Satya, Dharma, Shanti, Prem and Ahimsa. Hard work is the hallmark of a successful lawyer and continuous hard work was Mr. Palkhivala’s second nature. I have never seen in my life any other man who valued the importance of time as much as Mr. Palkhivala did. To him waste of time was a big crime. For frequent fliers on Mumbai-Delhi- Mumbai flights, Mr. Palkhivala glued to a chair at the airport or to his seat on the plane reading books or briefs was a frequent sight[5]. During the most busiest days of his legal practice, his gatherings with his customers were totally forthright and extremely short and still the customer returned with the right counsel and fulfillment. Mr. Palkhivala had an amazing photographic memory. A brief read by him virtually got printed in his mind. If a person has a photographic memory and if they turn out to be a and advocate, then it’s a cherry on cake! How I wish I also had same powers so that half of my problems would be solved!! Anyway, Mr. Palkhivala in all his legal battles, had a clear and consistent strategy. He would deeply analyse the facts, compartmentalize the legal issues and on that basis would formulate the proposition that he wanted the Court to accept. To hear him in Court was an intellectual treat in itself. Juniors flocked the Courts whenever he argued and on occasions, Judges took pride in the fact that none other than Mr. Palkhivala was appearing before them.

[1] Shikha Rohra- Nani Palkhivala: The Legendary Lawyer, Nani Palkhivala: The Legendary Lawyer (finology.in), visited on 23-08-2021 at 19:12hrs.

[2] Ashutosh Jha-NANI PALKHIVALA-THE LEGEND WHO SAVED OUR DEMOCRACY, Nani Palkhivala-The Legend Who Saved Our Democracy – Aishwarya Sandeep, visited on 24-08-2021 at 13:19hrs.

[3] Dinesh Vyas-Nani Palkhivala’s Life Was A Journey For Spiritual Quest, Nani Palkhivala’s Life Was A Journey For Spiritual Quest: Dinesh Vyas – Tax Titans, visited on 24-08-2021 at 13:37hrs.

[4] Dinesh Vyas-Nani Palkhivala’s Life Was A Journey For Spiritual Quest, Nani Palkhivala’s Life Was A Journey For Spiritual Quest: Dinesh Vyas – Tax Titans, visited on 24-08-2021 at 12:42hrs.

[5] Ibid.

Image Source: The better Indian

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