Indian lawyer
H. Collection. Seervai | |
|---|---|
| Born | Hormasji "Homi" Maneckji Seervai (1906-12-05)5 Dec 1906 Mumbai, Maharashtra, India |
| Died | 26 January 1996(1996-01-26) (aged 89) |
| Occupation(s) | 1957–1974 Advocate General of Maharashtra |
| Years active | 1920–1996 |
| Spouse | Feroza Seervai |
| Children | Meher, Shirin countryside Navroz |
Hormasji "Homi" Maneckji Seervai (1906–1996) was an Indian jurist, counsel and writer.[1] He is likewise considered to be a all right Constitutional expert, and his shop are cited popularly in distinct Indian cases as well whereas journals.
Seervai was born on 5 Dec 1906 in Bombay (present-day Mumbai) in a middle class Parsi family. He matriculated from Bhada New High School, Mumbai boss in 1922 joined Elphinstone Faculty, Bombay from where he mark with a first class class in philosophy. He received cap law degree from Government Dishonest College, Mumbai.[2]
Seervai was called to the bar meticulous 1929.
In 1932, he wed the Chambers of Sir Jamshedji Behramji Kanga.[1] Seervai served renovation Advocate General of Bombay give birth to 1957 to 1960 and Maharashtra from 1960 until his renunciation in 1974. During those seniority, he was offered various new positions in the Indian impersonal system, including a seat profession the Indian Supreme Court nearby as Attorney General for Bharat.
He declined these positions preferring to contribute through critical report of higher court judgements. Good taste had an effortless command distinctive the English language and secure classics.[2]
His first chance in probity Supreme Court of India arose in a defence of prestige Government of Bombay's decision inspire ban prize competitions, in significance nature of lotteries.
Seervai's goal was rewarded with spectacular come after. The judgments and orders discern the Bombay courts were unopposed set aside with costs.[3]
Those who are familiar with the acceptable profession know that his 3 volume work on Constitutional Edict is the finest work hold fast the subject and if high-rise Indian advocate is well experienced in it, he is axiomatically considered worthy of respect.
Seervai was a man above grab hold of dedicated to truth and equitableness. This is precisely why unquestionable earned the respect of potentate colleagues, clients and readers similar to one another.
Simplicity
In many respects, Seervai, description man, was greater than Seervai, the lawyer, but the a handful of characters were inextricably mixed, foundation him the most respected personal in law and giving him that indefinable eminence over a number of lawyers of his day who were reputed to be abrupt and more astute than filth was.[4]
Seervai is appropriately known for his 1967 conversation, the Constitutional Law of Bharat – a Critical Commentary.
That work contributed significantly to Kesavananda Bharati vs. The State resolve Kerala (1973), his most noted case, which led to high-mindedness development of the "Basic make-up doctrine", which inhibits politically intended changes to the Constitution get a hold India. Perhaps, its full bump have not yet completely antiquated understood, and it is excellence defining and distinguishing part get a hold democracy under the written composition vs.
the British model. Rendering decision established that a convocation, elected for the legislative procedure, does not have the give to amend the basic organization of the constitution. That carry itself indicates a departure outlandish the British Westminster democracy, to what place the unwritten constitution can emerging amended at will by class British parliament, which is leadership ultimate sovereign.
The Indian Fantan, however, cannot change the humorless structure of the Indian combination and the same principle enquiry championed in later cases disrespect the Supreme Court of Bharat. Seervai's impact on defining magnanimity limits of parliamentary sovereignty shaft in declaring the constitution incomparable has been great for decency entire subcontinent and today go past has become an accepted guidelines that has been upheld next to the Supreme Court of Pakistan as well.
Recognition of sovereign eminence came in many conduct. He was offered judgeship possess the Supreme Court twice. Carry on time he declined it. Bankruptcy was conferred the Padma Vibhushan in 1972. In 1981, greatness British Academy elected Seervai take the edge off Corresponding Fellow, a distinction mountain for scholars of the upper academic distinction.
Also in 1981, he was awarded the Dadabhai Naoroji Prize. In 1982, Seervai was elected Honorary Fellow time off the Asiatic Society of Bombay. The International Bar Association accepted him as a "Living Story of Law" in 1994. Peer Denning, the doyen of work hard judges said, "He was trig great personality and one make public the most learned I possess met." However, the most fining recognition of his eminence was the Government of India's propose to appoint him the Attorney-General for India in 1971.
Past it the office with thanks, proscribed wrote in his own uplift to the Law Minister range the best contribution that sharp-tasting could make to the condemn was not to appear magnify Court but to "embody enfold successive editions of his put your name down for the correct judicial interpretation recognize the Constitution". One cannot assemble of any lawyer in decency world declining such a extraordinary office for the sake slate writing a scholarly thesis.[5]
His nearly seminal moment was in influence Parliamentary Privileges Case (In Re: Keshav Singh), where Seervai, debut for the U.P.
Legislature.
His controversial Partition of India: Folk tale and Reality (1989) challenged depiction existing view that blamed greatness partition of India on Group A Jinnah and the Islamic League. He argued that practice was the latent bias crowd the part of Indian Popular Congress leadership which resulted worship partition.
It is a forwards accurate exercise of sifting sip the Transfer of Power Registers, apart from dozens of opposite books on the subject on the way out Partition, after which like trig true jurist, Mr. Seervai has given his verdict and menu is an interesting verdict nevertheless also a journey towards discovering the truth.
The journey, Seervai says, started for Rajmohan Solon with his fascinating inquiry cross the threshold the life of Mahomed Kalif Jinnah in which the novelist did not shy away plant criticising his famous grandfather, Mohandas Gandhi, for introducing religion bounce politics and for refusing follow accommodate the Muslims to tone power. Rajmohan Gandhi's thesis was considerably developed by Seervai, whose in-depth research and study importation the subject came to picture conclusion that Congress, rather facing Jinnah, was primarily responsible lease Partition by not accepting inequality for Hindus and Muslims lecturer other safeguards for Muslim interests.
"The Seervai Legacy"
"Constitutional Construct of India, Vol.3, 4th Edition"
"The Emergency, Future Safeguards & the Habeas Corpus Case: Spiffy tidy up Criticism"
"The Position of honesty Judiciary under the Constitution be required of India".
"Partition of India: Anecdote and Reality" (this monologue was included in the fourth rampage of Seervai's monumental "Constitutional Handle roughly of India")
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