CONTENTS

► Name : keyur jain

► Std : 11th A

► Subject : English

► Roll no. : 36
Nani Palkhivala
 Nanaboy Palkhivala
► Born : January 16, 1920 Bombay, India.
► Died : December 11, 2002 (aged 82)
► Occupation : jurist, economist
► Period : 20th century
 Early years
► Nani Palkhivala was born in 1920 in Bombay. To blue collar, middle-class parsi
parents.his family name derives from profession of his forefathers, who had been
manufactures of palanquins (“palkhis”)
► He was educated at Masters Tutorial High School, and later at St.Xavier’s College,both
study in Bombay. At college, he earned a master’s degree in English literacture and
thus, overcome his speech impediment.
► Upon graduating, palkhivala applied for a position as lecture at Bombay University,
but was not awarded the post. Soon found himself trying to obtain admission to
institutions of higher learning to further his academic career.it being late in term,
most courses were closed, and he enrolled at government law college, Bombay.
 Entry to the bar
► Nani Palkhivala was called to bar in 1946 and served in chambers of legendry sir
jamshedji behramji kanga in Bombay. He quickly gained a reputation as an eloquent
and articulate barrister, and often the center of attention in court, where students of
law and younger members of bar association would flock to watch him.
► Palkhivala was 30 years old at time of first printing. Sir jamshedji later admitted that
credit for his work belonged execlusively to nani.
► Palkhivala’s first participation in case of constitutional significance occurred in 1951,
where he served as junior counsel in case nusserwanji balsara vs. state of Bombay.
Assisting the esteemed sir norshirwan engineer in challenging several provisions of
Bombay prohibition act. Before year was out, palkhivala was arguing cases himself,
but his first case of constitutional importance was lost before the Bombay high court.
► By 1954 however, barley 10 years after his admission to the bar, palkhivala was
arguing before the supreme court. In this, his first, case before that court
(concerning the interpretation of article 29(2) and article 30 of indian constitution ,
which regulate rights of religious minorities) that he first articulated his famous
statements on inviolate nature of constitution.
 To amned or not to amned
► Palkhivala had a deep respect, indeed reverence, for both constitution, and for
cardinal principles he saw embedded in it: “The constitution was meant to impact
such a momentum to the living spirit of rule of law that democracy and civil liberty
may survive in india beyond our own times and in days when our place will know us
no more.”
► Nani saw the constitution as a legacy that honored while simultaneously being
flexible. Quoting Thomas Jefferson, he said, constitution must go “hand in hand with
progress of human mind”. He was a firm opponent of politically motivated
constitutional amendments (his favourite quotation was joseph story, who said: “the
constitution has been reared for immorality, if work of man justly aspire to such a
title.”)
► The culmination of pakhivala’s success before the supreme court came in famous
kesavananda bharti vs. the state of kerela case, parliament added ninth schedule to
constitution through very first constitutional amendments in 1951 as a means of
immunizing certain laws against judicial review.
 To amned or not to amned
► In the now famous ruling, on april 24, 1973, a special bench comprising 13 judges of
supreme court of india ruled by a majority of 7-6, that article 368 of constitution “does
not enable parliament to alert the basic structure or framework of constitution.” in the
process it overruled a decision of a special bench of 11 judges, by a majority of 6-5,on
February 27, 1967, that “parliament has no power to amned part 3 of constitution so as
to take away or abridge the fundamental rights” by stating that no specific provision of
the constitution was immue to amendement, but no amendement to violate the basic
structure or inner unity of constitution.
► In 1975, shortly after the imposition of indian emergency, a bench of 5 judges was
hastily assembled, and presided over by chief justice A.N. RAY. To determine the
degree to which amendments installed by government of Indira Gandhi were restricted
by basic structure theory. On November 10&11, the team of civil liberation barristers –
led by palkhivala- continuously argued against the union government’s application for
reconsideration of kesavandana decision.
 Defender of rights

► Not only did nani palkhivala interpret the constitution as a message of intent, he also
saw it as a social mandate with a moral dimension. As he later stated in the privy purse
case Madhav Rao Jivaji Rao Scindia vs. union of india, (1971) 1 scc 85]: “The survival of
our democracy and unity and integrity of nation depend upon realization that
constitutional morality is no less than constitutional legality.
► He was a strong proponent of rights of freedom of expression and freedom of press.
► In 1970s, state legislation (education is a subject covered by concurrent list in seventh
schedule of indian constitution- that, both central and state governments can legislate
on it) was increasingly encroaching on rights of minority educational institutions which
are protected by articles in indian constitution. In a landmark case [Ahmedabad st.
Xavier’s college society vs. state of Gujarat, (1974) 1 scc 717].
 THE Economist
► Although nani palikhavala was one of the leading intepreters of constitutional law and a
most ardent defender of civil liberties guaranteed by constitution, his legacy also
includes the aforementioned authoritative book, the law and practice of income tax,
which he co-authored with his mother sir jamshedji behramji kanga.
► Although anyone who deals with convoluted mess that is the indian tax code will
invariably regard the work as a primary reference, the tome has also secured
international recognition and served as a tax law draft guide at the international
monetary fund. The first edition was published in 1950 when palkhivala was only 30
years old, and is still in print today.
► Former attorney-general soli j. sorabjee, nani’s friend and colleague for many years,
recalls: “his talent in expounding the subject was matched by his genius in explaining
the intricacies of the budget to thousands of his listeners. His famous annual budget
speeches had humble beginnings in 1958 in small hall of old hotel called green hotel in
Bombay. He spoke without notes and reeled off facts and figures from memory for over
an hour keeping his audience in rapt attention.”
 • Final days
► In the last years of his life, nani palkhivala was severely affected by what may have
been Alzheimer’s disease. According to attorney-general soli j. sorabjee, who had
known him for many years, “it was painful to see that person so eloquent and
articulate unable to speak or recognize persons except occasionally in a momentary
flash.”

► Nani was taken critically on December 7, 2002, and taken to jaslok hospital in Mumbai.
He died on Wednesday, December 11, 2002. he was 82.