Nanabhoy "Nani" Ardeshir Palkhivala, born on January 16, 1920, in Bombay, India, was a prominent Indian lawyer and jurist. His contributions to the field of law and economics garnered international recognition and cemented his reputation as one of India's most eminent advocates¹. Throughout his career, Palkhivala was instrumental in defending the constitutional rights of Indian citizens and played a significant role in shaping Indian jurisprudence. This article delves into the life and achievements of Nani Palkhivala, highlighting his early years, entry into the legal profession, landmark cases, influence as an economist, and his lasting legacy.

Early Years

Nani Palkhivala was born into a Parsi family in Bombay, then part of the Bombay Presidency, on January 16, 1920¹. The Palkhivala family name derived from their ancestral occupation as manufacturers of palanquins, known as "palkhis" in the local language¹. Palkhivala received his education at Masters Tutorial High School and later attended St. Xavier's College, both located in Bombay¹. Despite having a stammer, he excelled academically and obtained a master's degree in English literature from St. Xavier's College¹.

After completing his studies, Palkhivala applied for a lecturer position at Bombay University but was not awarded the post¹. Undeterred, he sought admission into higher learning institutions to further his academic pursuits, eventually enrolling at Government Law College in Bombay¹.

Entry to the Bar

Nani Palkhivala's legal career took off when he was invited to join the Bar Association in 1946 and began serving in the chambers of the renowned Sir Jamshedji Behramji Kanga in Bombay¹. Revered for his eloquence and legal acumen, Palkhivala quickly gained a reputation as a formidable barrister and became the center of attention in courtrooms¹.

Initially focusing on commercial and tax law, Palkhivala collaborated with Sir Jamshedji Behramji Kanga on a seminal reference work for tax professionals titled "The Law and Practice of Income Tax"¹. Published when Palkhivala was just 30 years old, the book became an authoritative resource in the field and showcased his legal acuity¹.

Palkhivala's involvement in constitutional cases began in 1951 when he served as junior counsel in the case of Nusserwanji Balsara vs. State of Bombay, assisting the esteemed Sir Noshirwan Engineer in challenging various provisions of the Bombay Prohibition Act¹. Although he initially faced setbacks, Palkhivala's perseverance paid off, and he started arguing cases of constitutional importance before the Bombay High Court and later the Supreme Court of India¹.

Defender of Constitutional Rights

Nani Palkhivala held a deep reverence for the Indian Constitution and believed in upholding its cardinal principles¹. He considered the Constitution to be a living document that should evolve with the progress of society while preserving its core values¹. Palkhivala's unwavering commitment to constitutional morality earned him a reputation as a defender of civil liberties and democratic values¹.

His most significant contribution to constitutional law came in the landmark case of Kesavananda Bharati v. The State of Kerala in 1973¹. The case revolved around the question of whether Parliament had the power to amend the basic structure or framework of the Constitution¹. Palkhivala argued that while the Constitution could be amended, no amendment should violate its basic structure¹. The Supreme Court, in a historic ruling, agreed with Palkhivala's argument and established the "basic structure" doctrine, which acts as a safeguard against arbitrary constitutional amendments¹.

Palkhivala's defense of constitutional rights extended beyond the courtroom. He vehemently advocated for freedom of expression and freedom of the press, fighting against governmental attempts to stifle dissenting opinions¹. In a case involving import controls on newsprint, Palkhivala argued that newsprint played a vital role in the manifestation of human thought and should not be treated as a mere commodity¹.

Landmark Cases

Throughout his career, Nani Palkhivala was involved in numerous landmark cases that shaped India's legal landscape. One such case was Minerva Mills Ltd. v. Union of India in 1980¹. Palkhivala successfully argued before the Supreme Court that a provision in the Constitution excluding judicial review of constitutional amendments was unconstitutional¹. This decision reaffirmed the importance of the judiciary as a check on governmental power.

Another notable case in which Palkhivala played a pivotal role was the Privy Purse case, also known as Madhav Rao Jivaji Rao Scindia vs. Union of India¹. In this case, he emphasized the significance of constitutional morality and the duty of public officials to uphold it¹.

The Economist

In addition to his legal prowess, Nani Palkhivala was also a respected economist. He co-authored the authoritative book "The Law and Practice of Income Tax" with Sir Jamshedji Behramji Kanga, which gained international recognition and served as a guide for tax professionals¹. Palkhivala's expertise in economics was showcased in his annual Budget speeches, where he masterfully explained the intricacies of the national budget to thousands of listeners¹.

Notable Books Authored

Nani Palkhivala penned several influential books throughout his career. Some of his notable works include:

1. "Law and Practice of Income Tax"
2. "Taxation in India"
3. "The Highest Taxed Nation"
4. "Judiciary Made to Measure"
5. "Our Constitution Defaced and Defiled"
6. "India's Priceless Heritage"
7. "Essential Unity of all Religions"
8. "We, the People"
9. "We, the Nation"

International Recognition

Nani Palkhivala's contributions to law and economics earned him recognition from academic institutions and governments around the world. He received honorary doctorates from prestigious universities such as Princeton University, Rutgers University, and the University of Wisconsin-Madison¹. During his tenure as India's Ambassador to the United States from 1977 to 1979, Palkhivala played a crucial role in strengthening bilateral relations between the two nations¹.

Final Days and Legacy

In the last years of his life, Nani Palkhivala battled Alzheimer's disease, which gradually affected his ability to communicate and recognize people¹. He passed away on December 11, 2002, leaving behind a lasting legacy of legal brilliance, unwavering commitment to constitutional rights, and contributions to India's economic development¹.

Nani Palkhivala's advocacy for civil liberties, his defense of constitutional rights, and his expertise in law and economics continue to inspire generations of lawyers and jurists in India and beyond¹. His books and landmark cases remain influential in shaping legal discourse, reaffirming the importance of upholding the rule of law and protecting individual rights.