Celebrating Nani Palkhivala on his 19th death anniversary

“Character is integrity plus altruism. Fame is a vapour; popularity an accident; riches take wing; and those who cheer you today will curse you tomorrow. Only one thing endures – character,” Nani Palkhivala, in his own words..To write about Nani Palkhivala is to paraphrase the ideals of the Constitution, the highest standards of ethics in the legal profession, having a multi-faceted approach to life that savours art and literature, and above all, a very high standard of human consciousness. This is not intended to be biographical sketch of Nani, but an attempt to look at the various facets of his life and the ideas that he stood for..Counsel par excellence.Nani joined the profession in 1946, and the Constitution of India came into force in 1950. In addition to Nani’s expertise in taxation, he was briefed in a lot of writ petitions. Taxation matters and constitutional writs were heard at that time by Chief Justice of the Bombay High Court MC Chagla along with Justice SR Tendolkar. Nani argued a lot of constitutional writs and taxation matters before this Division Bench. As a result, a lot of early important constitutional and taxation judgments were delivered by the Bombay High Court.The Bombay High Court, nearing a hundred years of its existence when Nani joined the profession, had seen stalwarts like Sir Jamshedji Kanga (whose chambers Nani joined) and Bhulabhai Desai. The arrival of Nani furthered the work ethic and professionalism, still considered hallmarks of the Bombay High Court.Nani always encouraged proper and competent advice to a client. He believed that it is our function as counsel not merely to tell our client what the law is, but to advise the client. He said,"This is why we are called counsel and not merely advocates. In fact, it is the duty of all professional men not only to tell the client what the law is, but to advise him correctly as to what he has to do in a given set of circumstances."In Nani’s biography, MV Kamat notes that "a stickler for finer points, Nani took care to tell his listeners that the plural of counsel is counsel and not counsels."Justice Rohinton F Nariman remembers having worked with Nani on the Minerva Mills case,"What stuck me at the end of the hearing was that this great advocate invariably used the simplest words to convey what he wanted. His bell like clarity resounded from every sentence he uttered. And, above all, every proposition was then buttressed with example after example which made the Nani juggernaut absolutely invincible.".Adi Sankaracharya and the ‘Empire of Spirit.Nani was inherently spiritual, and his idea of spirituality was unison. He revered Adi Sankaracharya to a great extent and called him a ‘builder of the Empire of Spirit’. In Nani’s words,"If a count were taken of the twelve greatest men who ever lived in any country in any age, Adi Sankaracharya would be one of them. I would call him the Universal Man. He deserves to be called the Universal Man in more senses than one. What was his aim in having mutts in different corners of India? One of his main ideas was that this is one single country. We may have different faiths, different sects, different creeds. Different communities may flourish here, and they have flourished through the centuries, but we are all members of one single family. And his objective in going round the country was to ensure that we have a common and indivisible destiny and a unified culture got across this great nation."Nani believed that Adi Sankaracharya’s vision of ‘The Reality, i.e., the infinite spirit’ would resonate with the modern-day scientists. According to the late Behram Palkhivala (Nani’s brother), Nani believed in God and in religion in the highest sense. For him, religion was distinct from ritual, as truth was from dogma.For Nani, the Universe was not only a mystery of profound nature, but also an infinite cluster of millions and millions of incredible, insoluble mysteries which the human mind (as distinct from the human spirit) will never be able to unravel..Protector of the Constitution.Despite his initial reluctance to take up the brief, it was almost a divine ordinance that Nani appeared in the Kesavananda Bharti case. The case, as we all know, involved a question as to whether Parliament had unfettered powers to amend the Constitution. By a slim majority of 7:6, the Supreme Court held that the power to amend is not absolute and cannot be used to amend the basic structure of the Constitution. There was an attempt by the Government of India review the judgment in the Kesavananda case. There was understandably a political undertone that may have propelled the filing of the review.Nani objected to the review and upon a question by the Bench that had the decision gone against the petitioners, would Nani have not been entitled to come and ask for a review, he said."Let me answer this without any flippancy, my Lord. If the Kesavananda Bharati decision had gone against us, then there would be no Supreme Court today before which I could come for a review. But supposing that by some stroke of good fortune some part of the Court survived, I would have perhaps been entitled to ask for a review because its baneful effect on public interest. But here the case is just the opposite. If the decision is reversed, then it will have a baneful effect on public interest."Needless to say, the Bench that was constituted to review the Kesavananda Bharti case was abruptly dissolved. Nani’s staunch belief in constitutional values and the vigour with which he argued the Kesavananda Bharti case ensured that the basic structure of the Constitution remained untouched by parliamentary misadventures. .Love for the arts.While Nani’s profound interest in the ancient texts of India grew over the years, he was fond of literature, poetry and various forms of arts, from an early age. It is widely known that Nani wanted to teach the English language, having completed his MA in English. Nani’s flair for the English language is evident from the articles that he wrote in the Sang Varthman Annual. Nani wrote about Charles Dickens,‘...the middle of the last century was completely imbued in Dickens. England talked Dickens, felt Dickens, lived Dickens, till Dickens turned into a classic tradition, a mythological wizard, whose most potent art had called forth gods and goblins from elf lands and sent them wandering in the quiet of Broadstairs, over the shady lanes of Rochester, beneath the dim shadows of the Canterbury Cathedral, on the lawns at Dover and over the grey, cold-looking village of Greta Bridge."About William Wordsworth, he wrote‘...in the present age of clattering machinery and noisy city-life, no poet comes home to men’s business and bosoms with a more direct appeal than Wordsworth."Nani’s biography tells us that he took great efforts to purchase books and built a small library of his own. His interests extended beyond books and included carpentry and fretwork, sketching, playing the violin and the piano. With the passage of time, as Nani got more engaged in this intense legal profession, he may not have had the time to pursue all his interests fully, but they were in some form or the other a part of his life. This shows the importance of having varied interests in life while staying committed to one’s profession. Moreover, for a lawyer (who remains a student of law for life), reading history, literature, poetry, biographies and even fiction can give different perspectives..International arbitration v. litigation.Nani was a strong supporter of resorting to international arbitration as a means of dispute resolution as compared to litigation in ordinary courts of law. In a lecture delivered at the International Chamber of Commerce, New Delhi in February 1987, Nani remarked: "As one who has had some experience of the working of courts of law in India and abroad, and also of international commercial arbitration, let me bear testimony to the incalculable advantages of international commercial arbitration as compared to litigation in ordinary courts of law." According to Nani, speed, cost-effectiveness, and efficiency set international arbitration apart from litigation, something that the business world is entitled to expect. Nani went to the extent of saying, "If I were appointed the dictator of a country, in the short period between my appointment and assassination, I would definitely impose a law-making international arbitration compulsory in all international commercial contracts."Nani’s vision seems to be taking shape today, as international commercial arbitration is frequently being resorted to by parties to resolve disputes, especially in international transactions. Several legislative and institutional changes have been brought in since then, to make India an arbitration-friendly seat..It has been almost two decades since Nani left the confines of his body and merged with the “Empire of Spirit,” as he would have loved to call it. However, he continues to inspire generations of lawyers and non-lawyers alike. His simplicity and compassion, despite reaching the pinnacle of the legal profession, are unparalleled to date. Nani was a true karmayogi who was known for his benevolence and generous contributions for the greater good of the society. His quality to strive for perfection is something that we all can only aim for. It will be an achievement to get even a small fraction of it. We can learn from Nani to have a scientific temper with a spiritual outlook. Above all, we can endeavour to contribute in our own limited ways to bring about a positive change in the practice of law and ultimately, the overall legal system..Vijay Purohit is a Partner at P&A Law Offices, Mumbai. Views expressed are personal.