Page 3 - sands of time

VOL. XVI, ISSUE 3, 2020 SANDS OF TIME 3

NANI A. PAlkhIvAlA - ThE MAN Of All sEAsONs...

When the Government sought to take away the Privy before the International Civil Aviation Organisation at
Purses of Princes in 1967 by unconstitutional methods, Montreal and later in appeal before the World Court at
Nani Palkhivala succeeded in having the Government’s the Hague when Pakistan claimed the right to fly over
order struck down. India. Usually all arguments are read from a written
text before the World Court because every word
He fought the Bank Nationalisation case in 1969,
successfully challenging the Government’s order matters. Palkhivala is perhaps the solitary exception as
nationalising the 14 largest banks of India. he orally argued India’s case from a carefully prepared
text which was embedded in his phenomenal memory.
The Government’s order arbitrarily putting restrictions
on newspapers was also challenged by Palkhivala and Association with Tatas
declared unconstitutional by the Court. Palkhivala’s interest in the economic development of
FROM THE
But Palkhivala’s biggest gift to the nation is probably India led him into the corporate field.
the Kesavananda Bharati case (Kesavananda Bharati vs.
State of Kerala), the famous Fundamental Rights Case
where he had argued for five long months to protect
of 1973, heard by 13 judges of the Supreme Court,

the citizen’s fundamental rights, in which the Supreme
COLLECTION
Court ruled that Parliament cannot, in exercise of its
amending power, so amend the Constitution as to
alter or destroy its basic structure.

In December 1975, during the Emergency, the
previous Government sought to have the Supreme
OF
Court was formed. Mr. Palkhivala fought against the THE
Court overrule its earlier decision in this case. Once
again, a special bench of 13 judges of the Supreme
From L to R: J.R.D. Tata, Sumant Moolgaokar
Government’s move and submitted that there was and Nani Palkhivala.
no good reason for the Supreme Court to reconsider Palkhivala joined Tatas on April 1, 1961 after he
its earlier decision. After hearing the argument, the attracted the attention of A.D. Shroff, a Tata Sons
TATA CENTRAL ARCHIVES
13-member bench was dissolved, leaving unaltered Director, who felt that Palkhivala would be a suitable
the earlier judgment in the Fundamental Rights case. replacement for J.D. Choksi who intended to retire.
During the Emergency, Mr. Palkhivala argued the Palkhivala had a long and distinguished career with
case for the right of the Members of the Bar to hold the Tata group. He played the most important role
their meeting to protest against the Emergency and in helping J.R.D. restructure the Tata group after the
secured a judgment against the Government. He also termination of the managing agency system. After
argued the case of Ram Jethmalani who was sought to Indira Gandhi came to power, there were increasing
be arrested and detained because he made a speech in efforts to limit the scope and scale of private sector
Kerala to a meeting of lawyers against the Emergency.
companies. To this end, a series of legislations was
Barring some exceptions, the above cases were all introduced. One of these, which had an unprecedented
fought by him without charging any fees and as a effect on the House of Tata was the abolition of the
matter of service to the nation. managing agency system. Under the new system, each
Palkhivala’s achievements were not confined to courts Tata company became an independent entity with its
in India only. He represented India in three cases in own Board of Directors. The writ of Tata Sons was no
the international fora. First, before the Special Tribunal longer implementable on them; its role was limited to
in Geneva appointed by the UN to adjudicate upon advice and persuasion. With seventy-four per cent of
Pakistan’s claim to enclaves in Kutch. Another was the group run by managing agencies, the Tatas had to

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