We the People of India..

searching for Independence, in Independent India,

While being dependent.....

We the People of India,

Chauvinistic and remorse in words of being part of India,

mournful, horrified ready to be stagnant,

While feeling to be Independent...

We the People of India,

Centralizing the era of revolution,

cursing in extremists in optimistic way,

still feeling to be Independent....

We the People of India,

solacised like corpses, giving words of allayed and hearty despaired in sense,

implicative that nothing remains permanent,

But with materialistic feeling to be Independent...

We the People of India,

Solomenly resolve not only to constitute,

but also to institute the feeling of being sole of India,

and

to prove oneself which was obscurantist,

which other say is latent, confessing with ourself as not being dependent,

but Independent ....

We the People of India....

A Legend Nani Palkhivala born on 16-1-1920 in Bombay whom his parents christened Nanabhoy. Being from a middle class family he trans gently and reluctantly showed as to how a proper juncture between between Bar and Bench, a proper collaboration between Law, Justice and Morality and also How a mute constitution can roar without the jack of unprecedented and unrealistic stigmas in the so called name of "Parliamentarian".

The Second Phase of Nani was joining the chambers of the legendary Sir Jamshedji Kanga in Bombay in 1944. He was pertinent to consider the matter related with Tax Laws, Land Acquisition and Rent control in the Judicature of Bombay High Court. Those familiar with the legal profession know that a lawyer often makes his mark not only by the cases he wins but by the quality of his performance in cases where the ultimate result is not favourable.Abdul Majid and Heman Alreja were two such cases in which Nani distinguished himself in 1950-51.

A case of constitutional significance which Palkhivala argued in 1954 and won before the Bombay High Court was the one concerning the interpretation of Article 29(2) and Article 30 of the Constitution. It related to the right of Anglo-Indian schools regarding admission of students in schools teaching through the medium of English. The impugned circular issued by the State of Bombay was struck down by a Division Bench of the Bombay High Court presided over by that great Chief Justice, M.C. Chagla. Chagla was Nani’s most favourite Judge. He considered Chagla a great Judge whose burning desire was to do real justice and, whose judgments in Nani’s words, “had no dark nooks or misty crannies”.

The State of Bombay carried the matter to the Supreme Court which upheld the judgment of the Bombay High Court and ruled that the impugned circular violated the fundamental right guaranteed under Article 29(2) of the Constitution. Nani argued the case brilliantly before the Supreme Court. He was hardly ten years at the Bar.

We can justify the real feeling of what he made us to understand as to what the Constitution is? In his words:

“A constitution which is unchanging and static, it does not matter how good it is, how perfect it is, is a constitution that has past its use. It is in its old age already and gradually approaching its death. A constitution to be living must be growing; must be adaptable; must be flexible; must be changeable … as society changes, as conditions change, we amend it in the proper way.”

We can admire the realistic essence of what the great legend has tried to teach us.As said by Nani, we live in times when there are no men and women to match our Himalayan peaks, when there is a crisis of moral leadership, when our political system and public life have more hypocrites, wheeler-dealers, schemers and cowards than at any time in our history. Nani was one constant shining star in the dark firmament. His passing away is indeed a real loss to the nation. As I survey the current scene in our public and private life, I am impelled to say: Nani thou shouldst have been living at this hour.

The triumph of A.K.Gopalan, Keshvanand Bharti , and Minerva Mills made the legislatures to think that Constitution is a living essence which takes breath which looks with his eyes equality and equal protection and which has all that is required for smooth wellbeing of his citizens and no one has authority to even hinder its Basic Structure which is his prominent part.

In words of Soli J. Sorabjee Palkhivala was of the firm view that some minimum qualifications should be prescribed for those who seek election to Parliament. His point was that you need years of training to attend to a boiler or to mind a machine; to supervise a shop floor or to build a bridge, to argue a case in a court of law or to operate upon a human body. But he was shocked that to steer the lives and destinies of millions of our fellow-men, there is no requirement of any education or equipment at all. As a man in person he believed in and practised the essence of Zoroastrian religion to which he belonged, namely, “Humata, Hukhata, Huvarashta”—good words, good thoughts, good deeds.

In words of Soli J. Sorabjee Palkhivala Nani's has departed from our midst. But he can never leave us, leave our minds and hearts where he is firmly enthroned. And it behoves us all, to carry forward the Palkhivala legacy of truth, goodness and beauty, deriving inspiration from his thoughts, his deeds and the many-splendoured life of this Man for All Seasons, the great NANI PALKHIVALA.

"It's my gratuitous thanks to Shri Soli J. Sorabjee for his intellectual support of his article because of which it won't be possible for many of us like newcomers to know the legency of Nani Palkhiwala."

THE BACKBONE OF INDIAN'S CONSTITUTION

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

SOVEREIGN DEMOCRATIC REPUBLIC

and

to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the unity of the Nation.

This is the preamble of India's Constitution approved by the Constituent Assembly in November 26 1949 and came into effect as supreme law of the Nation on January 26 1950.