Justice Rohinton Nariman: The lion who guarded the judicial institution

With the retirement of Justice Rohinton Fali Nariman, a distinguished legal career has come to an end. In a farewell function in New Delhi, Chief Justice of India NV Ramana described Justice Nariman as a lion who guarded the judicial institution.

Hyderabad: With the retirement of Justice Rohinton Fali Nariman as judge of the Supreme Court, the curtains have come down on one of the most distinguished legal careers.

Known as a fearless judge who minced no words, Justice Nariman was described as a “lion of a judge” by Chief Justice of India NV Ramana during a farewell function organised in New Delhi Thursday.

"I believe that there is legitimate expectation in the people of India and the litigating public, to get certain quality of justice from this final court. For that, it is very clear that merit must predominate, subject of course to other factors. But merit always comes first," Justice Nariman said in his farewell speech.

He described his seven years as a judge as the most “gruelling period” of his life.

"Seven years as a judge has been most gruelling period of my life, it was not a cakewalk... being on this side is much, much more difficult", he said.

Justice Nariman is the son of Fali Sam Nariman, a distinguished Indian jurist himself. Born August 13, 1956, Justice Nariman received his early education in Mumbai, at the Cathedral and John Connon School. He completed his undergraduate B.Com degree from Shri Ram College of Commerce, Delhi. He completed his LL.B from Campus Law Centre of the Faculty of Law, University of Delhi. He then went to Harvard Law School for his LL.M degree in 1980-81 where he was taught by stalwarts like Professor Laurence Tribe and Professor Unger.

Before being elevated as a judge, Justice Nariman practised as a senior counsel at the Supreme Court. He was appointed the Solicitor General of India on July 23, 2011. He also served as a member of the Bar Council of India. He was designated as a Senior Counsel by then Chief Justice of India MNR Venkatachaliah in 1993 at the early age of 37.

Justice Nariman was nominated as a judge of the Supreme Court by then Chief Justice of India Rajendra Mal Lodha and served in that position from July 7, 2014, to August 12, 2021.

"I can't say that I have enjoyed every minute of being a judge, very hard work,” he said in his farewell speech. “Certainly, enjoyed writing judgments. But, at the end of all, it worked out well."

An ordained Parsi priest, Justice Nariman is the fourth senior counsel to be elevated from the bar to the Supreme Court bench.

He agreed with senior advocate and Supreme Court Bar Association President Vikas Singh who said that "it is time more direct appointees were elevated to this bench".

"I would also say, and exhort, those direct appointees who are asked, never to say 'no'. It is their solemn duty, having reaped so much from the profession to give back," Justice Nariman said.

"I leave this institution with mixed feelings. Now I won't have files waiting for me when I wake up at 6 in the morning. Although I'll still wake up but follow a routine like a normal human being," he added.

In his remarks, Chief Justice Ramana poured wholesome praise on Justice Nariman.

“With Justice Nariman's retirement, I feel I am losing one of the lions that guarded the judicial institution. Our loss will be a huge gain elsewhere. I am sure that gain will be for a larger public good,” Justice Raman said.

Justice Nariman played a pivotal role in many path-breaking judgments delivered by the Supreme Court. These include scrapping of IPC's Section 377 which criminalised homosexual acts, decriminalising adultery, the triple talaq ban, Sabarimala woman entry issue, Assam NRC, Section 66A of the IT Act, and the Babri demolition case.

Recently, he forced the Uttar Pradesh government to ban the Kanwar yatra, and also came down heavily on the Kerala government for lockdown relaxations ahead of Bakr-Id.