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A 4th-year BBA LLB (Hons.) student at B.S. Abdur Rahman Crescent Institute of Science and Technology, Read More.
Title: Before Memory Fades…. An Autobiography
Author: Fali S. Nariman
Language: English
Year: 2010
Book Review:
Introduction:
Before Memory Fades… An Autobiography (2010) is the memoir of the eminent jurist Fali S. Nariman, a distinguished Senior Advocate of the Supreme Court of India since 1971 and a nominated Member of Parliament (Rajya Sabha) from 1999 to 2005. Recognized for his exceptional contributions to law and governance, Nariman was honored with India’s second-highest civilian award, the Padma Vibhushan, in 2007, following his earlier Padma Bhushan award in 1991.
This autobiography is more than just a personal chronicle—it provides a compelling narrative of Indian political and legal history, offering insights into landmark cases fought by Nariman and his reflections on key judicial pronouncements over the years. The book begins with an account of his formative years, detailing the struggles of his refugee family from Burma who were forced to rebuild their lives in India. It further explores his schooling, early influences, and the profound reasons that led him to choose law as a profession, ultimately shaping him into one of India’s most respected legal minds.
Early Life and Formative Years:
Nariman begins his memoir with a deeply personal account of his family’s migration from Burma to India during World War II. This chapter, titled “The Great Trek,” vividly describes the hardships of displacement and the struggles his family faced in adapting to a new country. The experience of being uprooted at a young age shaped his resilience, a quality that later defined his legal career. Unlike many who are born into the legal profession, Nariman’s journey was one of self-discovery. His early schooling and subsequent decision to study law at Government Law College, Bombay, were pivotal moments that set him on the path to becoming a legal stalwart.
In the initial years of his career, as he describes in “More Watching than Pleading,” Nariman spent more time observing court proceedings than actually arguing cases. He emphasizes the importance of patience, learning from senior advocates, and understanding courtroom dynamics before actively participating. His insights are particularly relevant for young lawyers who often struggle with the slow pace of professional growth in litigation. Through this chapter, Nariman reinforces the idea that true legal acumen is cultivated over time, through observation and relentless dedication.
The Evolution of the Judiciary and the Legal Profession:
One of the most compelling aspects of Before Memory Fades is Nariman’s analysis of the judiciary, comparing the judges of the past with those of his time. In “Judges during and Before My Time,” he evaluates judicial independence, ethics, and the increasing politicization of the judiciary. His critique is not just theoretical; it is based on first-hand experiences of appearing before some of the most formidable judges in India’s legal history. His observations highlight both the strengths and vulnerabilities of the judicial system, making this chapter a crucial read for those interested in judicial governance.
Equally insightful is his chapter on “Lawyers and the Legal Profession,” where he discusses the commercialization of legal practice. Nariman argues that while financial success is a legitimate aspiration, lawyers must not lose sight of their ethical responsibilities. He critiques the growing trend of lawyers prioritizing monetary gains over justice, warning that this shift could erode public trust in the legal system. This chapter resonates strongly in the modern legal landscape, where discussions on legal ethics and professional integrity are more relevant than ever.
Landmark Cases and Ethical Dilemmas:
Nariman’s career has been marked by numerous landmark cases, and his memoir provides an insider’s perspective on some of the most significant legal battles in Indian history. In “Turning Points in My Life – and in the Life of the Nation,” he discusses cases that not only shaped his career but also had a lasting impact on India’s legal framework. From constitutional crises to corporate legal battles, Nariman’s involvement in high-profile cases offers readers a fascinating glimpse into the intricate relationship between law and politics.
One of the most gripping sections of the book is “The Internal Emergency,” where Nariman critiques the judiciary’s failure to uphold fundamental rights during Indira Gandhi’s Emergency in 1975. He examines the infamous ADM Jabalpur v. Shivkant Shukla case,[1] where the Supreme Court ruled that fundamental rights could be suspended during the Emergency. Nariman’s analysis of this period serves as a cautionary tale about the dangers of judicial subservience to political power. His reflections on the post-Emergency era, discussed in “Some Reflections – Post Emergency,” highlight the judiciary’s subsequent efforts to redeem itself through the rise of Public Interest Litigation (PIL) and judicial activism.
Another controversial case discussed in Before Memory Fades is the Bhopal Gas Tragedy, covered in “The Bhopal Case.” Nariman, who represented Union Carbide Corporation (UCC), provides a rare insight into the ethical dilemmas faced by corporate lawyers. He justifies his decision to take up the case but does not shy away from acknowledging the moral conflicts involved. This chapter forces readers to confront the complex intersection of corporate accountability, legal representation, and justice.
Judicial Activism and Reforms:
Nariman devotes considerable attention to the role of judicial activism in India. In “Judicial Governance and Judicial Activism,” he debates whether courts should step in to address executive failures. While he acknowledges the necessity of judicial intervention in certain cases, he cautions against the judiciary overstepping its constitutional mandate. His balanced perspective offers a nuanced understanding of judicial activism, distinguishing between necessary intervention and judicial overreach.
Another significant theme in the book is the inefficiency of the legal system. In “Can They Not Perform Better Than They Do?” Nariman critiques the slow pace of judicial proceedings and the backlog of cases. He calls for judicial reforms, emphasizing the need for better case management, increased accountability, and improved legal education. His concerns about delayed justice remain highly relevant, given the chronic pendency of cases in India’s courts today.
Personal Reflections and Political Stint:
Apart from legal insights, Before Memory Fades also provides glimpses into Nariman’s personal experiences. In “The Good and the Great,” he pays tribute to some of the most remarkable legal minds he encountered, offering readers an engaging mix of admiration and critique. His anecdotes about judges, lawyers, and politicians humanize these figures, making the book an engaging read.
Nariman also reflects on his brief tenure in the Rajya Sabha in “In Parliament – And Out of It.” He shares his experiences in legislative work and his ultimate realization that he found greater fulfillment in litigation than in politics. His disillusionment with parliamentary processes underscores the difference between legal reasoning and political maneuvering, a distinction that many lawyers-turned-politicians struggle with.
Conclusion and Final Reflections:
In Before Memory Fades (2010), Fali S. Nariman discusses notable judges like Justices M.C. Chagla and Justice Tyabji, along with lessons for young lawyers from his 60-year career. He examines constitutional changes from Shankari Prasad (1951)[2] to Minerva Mills (1980)[3] and provides insights into the 1975 Emergency, during which he resigned as Additional Solicitor General in protest. He recalls Justice Jagmohan L. Sinha’s ruling against Indira Gandhi for electoral misconduct and honors Justice H.R. Khanna’s dissent in A.D.M. Jabalpur (1976), which cost him the Chief Justiceship. Nariman also discusses the Bhopal Gas Tragedy (1991) and the criticism he faced for defending Union Carbide. He later defended himself by citing his contributions, such as the Judicial Statistics Bill (2004) and Constitution (Amendment) Bill (2004). In the final chapter, The Finishing Canter, he praises India’s diversity and secularism, stating his wish to live and die in a secular India. The book covers the sanctity of the Constitution, landmark cases, judiciary-legislature relations, corruption, legal profession credibility, and guidance for young lawyers. It serves as an informative and thought-provoking resource for both legal professionals and those interested in constitutional history.
The concluding chapter of Before Memory Fades, titled “The Finishing Canter…,” serves as a profound philosophical reflection on Fali S. Nariman’s journey, his experiences in the legal profession, and his vision for the future of India’s constitutional framework. In this final segment, Nariman reiterates the crucial principles that have shaped his career—judicial independence, the protection of fundamental rights, and the necessity of ethical legal practice. He highlights the indispensable role of the judiciary in upholding constitutional values and warns against any encroachments that may undermine its autonomy. His reflections are not just personal musings but a call to action for future generations of legal professionals to uphold the highest standards of integrity, diligence, and justice. He acknowledges the evolving nature of law and governance, emphasizing that while change is inevitable, the foundational principles of justice and fairness must never be compromised. Nariman’s parting words carry a sense of urgency and responsibility, reminding legal practitioners that the law is not merely a profession but a noble pursuit that directly impacts the lives of people and the future of the nation.
Beyond its philosophical and ethical considerations, Before Memory Fades stands as a remarkable work that seamlessly blends autobiography with legal and political commentary. Nariman’s narrative is not just a recounting of his illustrious career but also a deep engagement with India’s constitutional evolution. His ability to weave personal experiences with larger judicial and political themes makes the book an insightful and engaging read. He does not shy away from discussing the challenges, dilemmas, and even the shortcomings of the legal system, offering an honest and introspective account of the profession he dedicated his life to. His wit, candor, and profound legal wisdom shine through in every chapter, making this memoir more than just a personal history—it is a critical resource for students, lawyers, and policymakers alike. Nariman’s discussions on landmark cases, judicial decisions, and constitutional debates provide a valuable perspective on India’s legal landscape. His insights into the working of the Supreme Court, the role of the Bar, and the ethical responsibilities of legal practitioners serve as timeless lessons for those aspiring to enter the field. By the end of the book, it becomes evident that Nariman’s legacy extends beyond his courtroom victories—his legal thought, unwavering commitment to justice, and principled advocacy continue to influence discussions on governance, constitutionalism, and the rule of law. Before Memory Fades is not merely an autobiography; it is a guiding beacon for the future of the legal profession, ensuring that Nariman’s wisdom and ideals remain relevant for generations to come.
References:
- D.M. Jabalpur v. Shivkant Shukla, 2 SCC 521 (1976).
- Minerva Mills Ltd. V. Union of India, AIR SC 1789, (1980).
- Nariman, F. S. (2010). Before memory fades…. An autobiography.
- The Constitution (Amendment) Bill (2004).
- http://164.100.47.4/billstexts/rsbilltexts/AsIntroduced/XI_2004.PDF
[1] A.D.M. Jabalpur v. Shivkant Shukla, 2 SCC 521 (1976).
[2] Shankari Prasad Singh Deo v. Union of India, AIR. 1951 SC 458 (1951).
[3] Minerva Mills Ltd. V. Union of India, AIR SC 1789, (1980).
