Justice Rohinton Fali Nariman, a profound name in the Indian Judiciary has authored various notable judgments and is the only fifth judge to be elevated from the Bar to the Bench. Justice Nariman got enrolled in the Bar in the year 1979 at the age of 23. He studied law at Faculty of Law, Delhi University and is also a holder of LL. M degree from the prestigious law school of Harvard. Justice Nariman practiced Maritime Law in New York for one year.
Contrary to the Rules of the Supreme Court of India regarding the minimum age of a senior Advocate to be 44, Justice Nariman was appointed as a Senior Advocate at the age of 37. The then Chief Justice of India, Justice M.N Venkatachalaiah was so impressed by the “magical court craft and obsessive attention to minutest of details and his remarkable grasp of the complicated facts and legal issues involved” that he decided to amend the aforesaid rule. Justice Nariman had an expertise in Civil law and Comparative Constitutional Law. However, during his tenure as an advocate, his profile was of versatile nature. Justice Nariman also served as the Solicitor General of India in the year 2011. He had resigned from his position after eighteen months of his tenure due to some alleged differences between him and the then law minister of India, Ashwani Kumar. While Justice Nariman was the Solicitor General of India, he appeared in various landmark cases, for example, the famous Ramlila Maidan Incident, Vodafone International Holdings BV v. Union of India, Ratnagiri Gas and Power (P) Ltd. v. RDS Projects Ltd. etc. While Justice Nariman was practicing as an Advocate, he was also entrusted with the position of the Chairman of the Supreme Court Legal Services Committee. Members of the Bar have often described his journey as an Advocate to be a short one but the impact that he has created in those seven years is remarkable and shall remain prevalent for many more years to come.
Soon after his resignation as the Solicitor General of India, Justice Nariman was appointed as a Judge of the Supreme Court of India on 7th July, 2014. He remained on the Bench for seven years, completing his tenure on 12th August 2021. He possessed a deep interest in history, philosophy and literature which enabled him to author several notable judgments of his times. Many of the judgments authored by him are of the time when he was a junior Judge. Justice Nariman was appointed as the Judge of the Supreme Court within a month of Narendra Modi government came to power in 2014. After 9 years in the history of Indian Judiciary, a senior lawyer was elevated to the Bench of the Supreme Court. His elevation is considered to be a “matter of pride” for the young lawyers. Justice Nariman passed 365 judgments in the year 2016 which is evident of how capable and committed to work he was. His contribution to some landmark judgments will remain etched in the history of the Indian jurisprudence.
Some of the most remarkable judgments passed by Justice Rohinton Fali Nariman are:
1. K.S Puttaswamy v. Union of India: (Right to privacy was made a fundamental right)
Justice Nariman was one of the Nine Judges hearing this case. This is the landmark case where the Nine- Judge Bench of the Apex Court granted Right to privacy the status of a fundamental right under Article 19 of the Indian Constitution. Justice Nariman had also delivered a separate concurring judgment and expressed:
“And this development can only be achieved/accomplished if an individual has autonomy over fundamental personal choices and control over dissemination of personal information which may be infringed through an unauthorized use of such information,”
2. Navtej Singh Johar v. Union of India: Decriminalized Section 377 of the Indian Penal Code.
Justice Nariman was a part of the five- Judge Bench in this landmark judgment wherein the Apex Court de-criminalized sexual intercourse between two consenting gay individuals. In this judgment, Justice Nariman opined that like any other individual, people belonging to the LGBTQ community also have protection of equal rights in the eyes of law.
3. Shayara bano v. Union of India: Triple talaq judgment
This case is one of the most controversial cases of all times. Justice R.F. Nariman was one of the five Judges who delivered this landmark judgment which held that the practice of talaq-e-biddat (triple talaq) is violative of Articles 14 & 15 of the Indian Constitution making the practice unconstitutional.
4. Joseph Shine v. Union of India: Decriminalizing the practice of adultery
In this case, a five- Judge Bench of the Apex Court including Justice Nariman held Section 497 of Indian Penal Code, which made adultery a criminal offence, violative of the Indian Constitution. Hence, it decriminalized the practice of adultery in India as it was a gender- biased provision.
5. Jarnail Singh v. Lachhmi Narayan Gupta: Reservation in promotions case
In this case, Justice Nariman was a part of a five- Judge Bench of the Supreme Court of India. It held that there is no need to refer a prior case concerning reservations in promotions for the SC/ST communities to a larger Bench and held that the former case making it necessary for the State to collect quantifiable proof showing backwardness of ST/SC communities for them to be entitled to reservation, is invalid.
6. Shreya Singhal v. Union of India: Quashing Section 66 of the Information Technology Act, 2000.
This is another landmark judgment delivered by Justice Nariman. This case broadened the scope of the Fundamental right of freedom of speech and expression laid down under Article 19(1)(a) of the Indian Constitution and quashed Section 66 of the Information Technology Act, 2000 holding it unconstitutional.
7. Internet and Mobile Association of India v. Reserve Bank of India: Cryptocurrency Justice Nariman was a part of a three- Judge Bench of the Apex Court that struck down a circular issued by the Reserve Bank of India which instructed the banks not to indulge in transactions of cryptocurrency.
Conclusion: The Legacy Justice Nariman has left behind.
Justice Rohinton Fali Nariman retired on 12th August 2021 after completing his seven year tenure as a Judge of the Supreme Court of India. From his father to fellow member on the Bench, everyone has praised him time and again. Senior Advocate A.M Singhvi once called Justice Nariman a man with “bewilderingly diverse interests”. His acquaintances have expressed that Justice Nariman never restricted himself to one sphere but always keen to explore new things which made him a man of versatility. His remarkable career both at the Bar and the Bench serves as an inspiration for young law aspirants. Not only on the professional front but, Justice Nariman has been praised for his personal life balance too. A deeply religious individual, devoted music lover and a passionate reader, Justice Nariman is truly an inspiration for the legal fraternity and his legacy shall be cherished.