Nani fought Indira to save democracy

New Delhi: Nani A Palkhivala was hailed for waging sustained legal battles against Indira Gandhi to save democracy in the country. He was credited for laying the foundations for imposing restrictions and in ensuring that the Government has no unfettered right to amend the Constitution, this was expressed by prominent speakers at the second Nani A Palkhivala Memorial Lecture.

Delivering the lecture organised by A V K Mohan in the Capital on Sunday, former Solicitor-General T R Andharyujina described Palkhivala as a great exponent of Constitutional law. Chief Justice of India Koka Subba Rao in 1967, in the Golaknath case, held that the Fundamental Rights included in Part III of the Constitution are given a “transcendental position” and are beyond the reach of Parliament. He also declared any amendment that “takes away or abridges” Fundamental Rights as unconstitutional.

Palkhivala got only half a day to argue before the 11-Judge Bench of the Supreme Court in the Golaknath case, although the case was heard for several days earlier. Palkhivala explained the implied limitations of the Government to amend the Constitution. T R Andharyujina said this laid the foundation for the Government’s resentment against judiciary striking down all social legislations, almost making the right to property sacrosanct. Indira Gandhi, who was giving a determined push to the socialist agenda, was worried that no meaningful measures could be taken by the Government at this rate. Andharyujina said Palkhivala took up the case of Abolition of Privy Purses and Princely Privileges case, on the ground that it was a breach of faith between the Government and the former Princes.

The Supreme Court struck it down. After the nationalisation of banks, Palkhivala drafted the petition in three days to challenge it in the court and that, too, was struck down, credit for which goes to Nani Palkhivala. According to Andharyujina, Palkhivala earned such high reputation that when Justice Jagmohan Lal Sinha of the Allahabad High Court unseated the then Prime Minister Indira Gandhi in 1975, she naturally turned to Palhivala. Surprising everyone, Palhivala agreed to appear for Indira Gandhi in the Supreme Court to seek a stay on the Allahabad High Court judgment.

Palkhivala had argued that the judge, who wrote the judgment, did not know law and that it was like unseating a Prime Minister for breach of traffic law. As arguments were going on, Indira Gandhi had imposed Emergency on the midnight of June 25, 1975. The next day, Palkhivala pulled out of the case, returned the brief to her and refused to appear for Indira Gandhi. Later, however, the Supreme Court gave conditional stay, saying Indira Gandhi can attend Parliament, but cannot speak or vote during the proceedings. Palkhivala will be remembered for his fight against attempts to infringe on or take away Fundamental Rights.

A V K Mohan said that Nani A Palkivala waged relentless legal battles to save democracy in the country. While in Mumbai, there are several events to keep alive the memory of Palhivala, in Delhi, where Palkhivala waged the most significant legal battles, there was nothing done. Lest Palhivala’s legacy should be forgotten, it is important that every year a commemorative lecture is held in the Capital, A V K Mohan said. This is the Second Palkhivala Lecture; the first lecture was delivered by Attorney-General Soli J Sorabjee.

Mohan pointed out that Palkhivala was basically an Income-Tax practitioner and his post-Budget speeches, delivered for four decades, were as famous as the Union Finance Minister’s Budget Speech in Parliament.

Former Andhra Pradesh High Court judge, Justice Bilal Nazki, said, In Jammu & Kashmir, whenever a lawyer made a long submission, he was always asked, are you Palhivala? In a State, where Palkhivala never visited and is not known much, he has become an idiom, which was something great, he said.