Prime Minister of India - Dr. Manmohan Singh

PM releases Fali Nariman's book on legal reforms

"I see so many distinguished sons and daughters of India here. It's very difficult for me to name each one of them. I am delighted to have such a distinguished audience at my residence and I thank you for your presence here today.

It is such a great pleasure for me to release the book of a friend and a colleague, an Indian whom I admire from the core of my heart, who is a living role model for many succeeding generations to come. I have had the privilege of knowing Fali over the years. But I will always cherish our time together in the Rajya Sabha. Whenever he spoke, he spoke from the core of his heart. Truth, as he perceived it to be. And it was for me a great educational experience listening to him sitting in the Rajya Sabha. Fali Nariman is one of our most respected legal luminaries. I don't have to say a word more to this audience about his phenomenal professional achievements. What I would like to say is that I have always greatly admired his wit, his wisdom, his humanism and his sense of humour, his profound understanding of our Constitution and his legal acumen. It is the combination of traditional Indian wisdom mixed with European rationalism and liberalism that gives the Indian legal system a unique character. This uniqueness is handsomely celebrated by Shri Fali Nariman.

A part of this book raises some very important questions on the present state of our judiciary, our legal system and, indeed, our social and national institutions and processes. He also raises some very pertinent questions about the division of powers between the legislature, the executive and the judiciary. This is an area where we need political and societal consensus so that each of the pillars of our democracy and our Republic can be revitalized.

The assurance of "justice" lies at the root of the idea of the "rule of law". Shri Nariman deals in some detail with this concept as it has evolved both in our jurisprudence and in the working of the Constitution. He raises in this context, the moral dimension in law and quotes a jurist to say that a judge's sense of the moral answer to a question of law is one of the great and shaping forces of law. He concludes by saying that we must never forget that law without justice is like an egg without its yolk and much of salt.

Shri Nariman has also raised some very important issues pertaining to criminal justice in our country. He says that "our laws with regard to punishment for crimes are out of date, not in tune with the times, and previous attempts at reform have failed". This should make us all sit up.

I was struck by Shri Fali Nariman's remarks about how the legal system should deal with those who operate with intent outside the framework of the legal system, like terrorists.

So what do we do? He has suggested many remedies. I urge our legal experts, our administrators and human rights activists to study his ideas and suggest ways in which we can improve our criminal justice system.

Shri Nariman also turns his bright search lights on the judiciary and suggests that there are good reasons for reform. He says for example that judicial interference in administrative actions is often too frequent or that the current state of the law of contempt is an impediment to judicial reform. I would urge the legal and judicial fraternity to reflect on these ideas and suggestions which is the distilled wisdom of a brilliant legal mind and a very concerned distinguished Indian.

I am particularly drawn to his concluding observation, and I quote once again, "The law is not merely about cases, nor about legal rights. It is also about hard work and integrity. The judiciary of the 21st Century, along with the legal profession, needs to set an example in exemplary self-discipline; discipline in approach, discipline in lifestyle; discipline in thought, word and deed... As the Bhagavad Gita says, whatsoever important men and women say and do, other men follow".

I am sure we all take seriously what men like Fali Nariman have to say. I do. I would urge you all to do so as well. I think Shri Nariman has raised some very important and interesting questions in a rather austere and slim volume. These deserve wide reading and discussion and debate. I wish Shri Fali Nariman a long and fruitful life ahead in the service of our people and our country. He has served our country with great distinction. May his path be blessed."