Fali Sam Nariman - Court Quotes

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I don't like the system of Moot-Courts these days, in law schools. My grand-daughter participates in these Moot-Courts, but I don't like the idea of saying, in A vs. B it was said etc. It makes no difference to what was said. According to Halsbury's, it was said in Queen vs. Latham that it makes no difference what was said in a given case because by and large all of it depends on the facts of the case, except for constitutional matters.

Fali Sam Nariman
The two great institutions of state to which I have been privileged to belong do appear from time to time to compromise themselves, as you say. However, I must assure you that but for these two great institutions we would never have emerged as a vibrant democracy. The late Justice R S Pathak once used a nice metaphor when I asked him how he would like to be remembered as a judge of the Supreme Court. He told me, with becoming humility: Every judge when he leaves the court must satisfy himself that he has left a little brick of his own making in that great edifice that is the Supreme Court of India.

Fali Sam Nariman
A Case I Won – But I Would Prefer To Have Lost. Criticizing his own win, Nariman said I don't see what is so special about the first five judges of the Supreme Court. They are only the first five in seniority of appointment – not necessarily in superiority of wisdom or competence. I see no reason why all the judges in the highest court should not be consulted when a proposal is made for appointment of a high court judge (or an eminent advocate) to be a judge of the Supreme Court. I would suggest that the closed-circuit network of five judges should be disbanded.

Fali Sam Nariman
Because these two judges showed to their generation of justices, and the generation after that, as to how to approach cases that came before the highest court. It is because judges with a political or social agenda are so few in number that they are long remembered. I have always considered it significant and beneficial for the development of the law in India that judges-without-an-agenda have been the more numerous.

Fali Sam Nariman