Free
Press Journal - February 23, 2003
Attorney General of India Soli Sorabjee on Saturday asserted that
the office he was occupying was not a mouthpiece of the Union
Government and would not defend ‘colourable exercise of power,’ no
matter whether the ‘colour is saffron or red,’ reports UNI.
The Attorney General was neither in the Cabinet nor the government,
he said delivering the first Nani Palkhivala Foundation Memorial
Lecture here.
Hailing Palkhivala’s contribution to constitutional
jurisprudence, his advocacy of the rule of law and defence of human
rights during India’s dark period, he recalled, “Palkhivala was a
constant shining star in our dark firmament.” Sorabjee listed the
debasement of the country’s political system today. “Regrettably,
we live in times when there are no men and women to match our
Himalayan peaks, when there is crisis of moral leadership, when our
political system and public life have more hypocrites, wheeler
dealers, schemers and cowards than at any time of our history,” he
lamented. Sorabjee said Palkhivala was deeply upset by the debasement
of the country’s national character and felt corruption at the upper
reaches of the judiciary, whose independence he had stoutly defended,
was illustrative of the incredible decline in the national character.
Recalling the multifaceted life of Palkhivala, born in a middle-class
Parsi family in Mumbai, Sorabjee, who was Palkhivala’s junior at the
Bar and had been associated with him for over 50 years, said the
zenith of his fame and success was in persuading the SC to accept the
basic structure doctrine in the Keshavanand Bharati case. Palkhivala
was against tinkering with the Constitution and the court held that
the basic structure of the Constitution could not be altered. The apex
court also conceded Palkhivala’s argument that the minorities had
the right to administer educational institutions, unhindered by the
government. Palkhivala had, declined an offer of Attorney Generalship
and judgeship of the Supreme Court. He, however, accepted the Tata
offer, he could have done much more for the legal profession,”
Sorabjee opined.
The memorial lecture was attended by several retired judges of the
apex court and sitting judges of the Madras HC, besides leading
members of the Bar, civil servants and industrialists.