He ‘filled the unforgiving minute
with more than sixty seconds,’ writes the Attorney
General.
Soli J. Sorabjee
Nani Palkhivala was the greatest
advocate that I had known. I had the good fortune
to be his junior in several important cases. It
was a joy to be briefed as his junior. His conferences
were brief and concentrated, and marked by unfailing
courtesy to juniors who were well prepared.
For sheer advocacy Nani was unsurpassable.
Clarity of thought coupled with precision and
elegance of expression, impassioned plea for the
cause he espoused, excellent court craft and ability
to think on his legs rendered him an irresistible
force. He was at his best in the Supreme Court
in the Keshav Anand Bharti case in which he persuaded
the apex court to hold that the power of amendment
of the Constitution was not limited and cannot
be exercised so as to damage its basic structure.
I vividly remember the early morning
conferences the two of us had those days in his
room at the Oberoi Hotel. Both of us were in our
pyjamas. At one such conference, I nervously suggested
the argument about inherent limitations on the
amending power based on certain articles in the
US law journals. He grasped the point, but was
not quite convinced. A few hours later in the
Supreme Court, he expounded the doctrine brilliantly.
Nani had a phenomenal memory.
He could read passages from his favourite poems
and prose pieces effortlessly from memory, one
of them being Thomas Gray’s immortal Elegy Written
in a Country Church-yard. I do not believe in
reincarnation. But were I to accept it, there
would be no doubt in my mind that Nani was the
reincarnation of Macaulay.
Indeed, he surpassed Macaulay
as far as memory goes because Macaulay did not
have to grapple with the intricate, complex details
of the Finance Bill which he explained to thousands
of his admirers in Bombay at the Brabourne Stadium
who would throng to hear his budget speech.
In addition to being an eminent
lawyer, Nani Palkhivala was a prolific writer,
the author of a classic book on Income-Tax, an
economist, a diplomat, a thinker and a fine public
speaker. His sincerity and commitment to spiritual
values made him a moral force in our public life.
The fearlessness with which he spoke out, whichever
be the party in power, made him the Voice of Conscience
of the Nation. And conscience for Nani was not
an alibi but an ally, a constant anchor of his
beliefs and actions. He kept the faith and held
high the banner of Freedom and Rule of Law.
In addition to law, literature
was another bond between us. We enjoyed Shakespeare’s
sonnets and the Victorian poets. Lamb, Chesterton,
Lucas and A G Gardiner were our favourite essayists.
And Dr Johnson was a constant source of reference.
Philosophy was one of Nani’s loves. His knowledge
of the works of Aurobindo was extraordinary and
so was his devotion to Satya Sai Baba.
Above all, Nani was a human being
par excellence. Fame and fortune did not increase
the hat size of the legendary Nani Palkhivala
who was not born with a silver spoon. His genuine
humility, total informality and lack of any pomposity
or conceit were his endearing qualities.
There was never a trace of arrogance
in him. Nani had a lively sense of fun and humour
and could laugh at himself. He was a wonderful
host whether in his home in Bombay or in the embassy
at Washington who had his eyes on all his guests.
He was tender towards the bashful, gentle towards
the distant, and merciful towards the absurd.
Nani fulfilled Newman’s definition of a True Gentleman.
Another outstanding human quality
about Nani was that jealousy, or rather envy,
the besetting sin, which cannot countenance the
fame and success of others, never consumed him.
Holier than thou attitude was alien to him. He
was not the one to smile and shake your hand and
thereafter stab you in the back. Backbiting and
denigration of others was unknown to him.
Kipling’s famous poem If contains
a store of good advice which for ordinary mortals
is difficult to practise in our crowded daily
lives. But Nani was an extraordinary mortal who
exemplified in his life at least two precepts
of Kipling.
He filled the unforgiving minute
with more than sixty seconds worth of distance
run and, what is more, he walked with kings yet
lost not the common touch. He was no doubt a Man
of all Seasons who bestrode the narrow world like
a colossus.
He was ailing for a long time.
It was painful to see him unable to speak or recognize
persons except occasionally in a momentary flash.
He answered the Inevitable Summons from his Maker
yesterday. It was a relief to him. But for me,his
passing away is a deep personal loss. It leaves
a void which will be very difficult to fill.