Highlights of his long, distinguished career as a lawyer
- Protested against Emergency; resigned as a law officer, a day after Emergency was declared.; he later referred to himself as law officer number 3 in an article.
- Defended Union Carbide Corporation in the Bhopal gas tragedy case; a decision he lived to regret
- Argued the Keshavananda Bharti case which placed limitations on Parliament’s amending power by way of stating that the basic structure of the Constitution cannot be changed.
- Was a key player in three cases which created and established the collegium system in the country – The second judges’ case, the third judges and the NJAC.
- Played a significant part in the Golak Nath case which laid down that Parliament cannot make a law which takes away citizen’s fundamental rights. And that even constitutional amendments were amenable to judicial review.
- Argued in the TMA Pai case which gave minorities the right to establish educational institutions of their choice.
- Argued in the Ninth Schedule case; in which he argued that laws just cannot be included in the schedule to place them beyond judicial review.
- Appeared for some oustees in the Narmada Bachao Andolan case. Refused to appear after attacks on Christians were reported in Gujarat.
- Also argued in the Nabam Rebia case. The court held in that case that the Governor can only act on the aid and advise of a Chief Minister.
- Appeared for India in water disputes with Pakistan on Indus, Shivaganga etc.
- Appeared for Karnataka in the Cauvery dispute with Tamil Nadu. Refused to argue Karnataka’s case in court the day the state refused to comply with a court order. He continued to make written submissions in the case though.
- His son the equally brilliant R.F. Nariman was named a judge of the Supreme Court in 2014. Nariman senior appeared in the top court only in a handful of cases after that.
- The fact that the collegium picked Nariman junior did not deter Nariman senior from criticising the system as imperfect, a necessary evil in absence of any better alternative.
- He wouldn’t, however, countenance any radical changes which would destroy the system. So, he argued against the government’s proposed NJAC which was eventually struck down by the court.
- He refused to accept a government offer to make him part of Lok Pal search committee.
