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Home > News > PTI

Palkhivala: Brilliant legal brain and philanthropist

December 12, 2002 03:47 IST

One of the best legal brains produced in post-independence India, Nani Ardeshir Palkhivala, 82, was an authority not only on constitutional jurisprudence, but also on public finance. He pleaded for loosening government control much before the dawn of the globalisation era.

Born on January 16, 1920, Palkhivala spent his childhood in Tardeo and Nana Chowk in Mumbai, the metropolis he chose to chart an incredible career graph, starting with post-budget speeches in 1958 - which drew national attention.

A milestone in Palkhivala's career was when he argued for five months before a full bench of the Supreme Court defending the unassailable powers guaranteed to citizens under the Fundamental Rights.

The judgement delivered in April 1973 in the famous Kesavnanda Bharati vs State of Kerala case endorsed Palkhivala's views that though Parliament could amend the Constitution, it could not alter its basic structure.

The tussle, however, did not end there. The authoritarian regime during the Emergency sought to get the judgement reversed. But, braving the administration's wrath, Palkhivala once again came to the defence of the citizens.

Palkhivala argued a number of historical cases in Indian courts and abroad. He successfully argued before the Supreme Court a case which affirmed the fundamental rights of minorities to establish and administer educational and religious institutions of their choice and to choose the language in which education would be imparted in these institutions.

Barring some exceptions, he fought all his cases without charging a fee.

Palkhivala's incisive analysis of budget proposals in the Finance Bill and his oratory skills made him a living legend as his speeches, which became an annual feature, drew huge crowds to the lawns of the Cricket Club of India.

Such was his grasp of the country's economic pulse that J D Choksi once remarked that had Palkhivala been the finance minister, he would deliver the entire budget speech in Parliament from memory.

His lectures, interspersed with wit and humour and references from history and mythology, made him a much-adored figure for commoners. He was as much feared as respected by the governments of the day.

A multi-faceted personality, Palkhivala was involved in many activities outside his immediate sphere of work. He was a member of the Forum of Free Enterprise, the Leslie Sawhny Programme of Training for Democracy, the A D Shroff Memorial Trust and the Lotus Trust.

He was a great admirer of oriental values and could quote the Vedas with as much ease as constitutional laws and income-tax clauses and sub-clauses.

A vocal proponent of press freedom, Palkhivala was one of the directors of the Press Trust of India.

Palkhivala served on the boards of several Tata Group companies, including Tata Engineering and Locomotive Company Ltd, Tata Infotech Ltd, Tata Energy Research Institute, Indian Hotels Company Ltd and National Organic Chemical & Fertilisers Ltd.

A strong advocate of universal brotherhood, Palkhivala was the chairman of the Mumbai-based Bharati Vidya Bhawan's Sarvadharma Maitri Prathistan.

A man of letters, Palkhivala's books on technical and non-technical subjects created history. The Law and Practice of Income Tax is hailed as a monumental work. Another book The Highest Taxed Nation virtually shook the Union finance ministry and compelled the government to initiate steps to simplify tax structures and reduce tax rates.

Our Constitution Defaced and Defiled is rated by reviewers as a brilliant work, while India's Priceless Heritage and Essential Unity of All Religions mirrors his interest and knowledge of the spiritual treasures of India.

Two other compendiums -- We, the People and We, the Nation -- comprise collected extracts from his speeches and writings and are favourites with book lovers.

His criticism of budgets during the command-economy days might have endeared him to the non-Congress parties, but there were occasions when late prime minister Indira Gandhi was said to have wanted to induct him in her cabinet.

A leading civil rights campaigner, Palkhivala's proximity to non-Congress parties led to his appointment as ambassador to the United States when the Janata Party came to power in 1977.

A well-known philanthropist, he recently told his close friends: "When I die, give my sight to the man who has never seen the sun rise.....give my sins to the devil, give my soul to god. If you do all I have asked, I will live forever."

 


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