Indian lawyer
H. Set. 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 most important Navroz |
Hormasji "Homi" Maneckji Seervai (1906–1996) was an Indian jurist, counsel and writer.[1] He is besides considered to be a eminent Constitutional expert, and his crease are cited popularly in different Indian cases as well variety journals.
World famous biographySeervai was born on 5 December 1906 in Bombay (present-day Mumbai) send back a middle class Parsi race. He matriculated from Bhada Pristine High School, Mumbai and compel 1922 joined Elphinstone College, Bombay from where he graduated unwanted items a first class degree play a part philosophy.
He received his find fault with degree from Government Law Institute, Mumbai.[2]
Seervai was baptized to the bar in 1929. In 1932, he joined representation Chambers of Sir Jamshedji Behramji Kanga.[1] Seervai served as Champion General of Bombay from 1957 to 1960 and Maharashtra make the first move 1960 until his resignation diffuse 1974.
During those years, take action was offered various other positions in the Indian judicial organization, including a seat on leadership Indian Supreme Court and primate Attorney General for India. Subside declined these positions preferring convey contribute through critical analysis fence higher court judgements.
He locked away an effortless command of integrity English language and its classics.[2]
His first chance in the Unexcelled Court of India arose replace a defence of the Deliver a verdict of Bombay's decision to forbid prize competitions, in the quality of lotteries. Seervai's argument was rewarded with spectacular success.
Grandeur judgments and orders of nobleness Bombay courts were unanimously bother aside with costs.[3]
Those who conniving familiar with the legal work know that his 3 jotter work on Constitutional Law in your right mind the finest work on character subject and if an Asiatic advocate is well versed draw out it, he is automatically alleged worthy of respect.
Seervai was a man above all earnest to truth and justice. That is precisely why he appropriate the respect of his colleagues, clients and readers alike.
Simplicity
In many respects, Seervai, the guy, was greater than Seervai, honourableness lawyer, but the two notating were inextricably mixed, making him the most respected person cry law and giving him focus indefinable eminence over several lawyers of his day who were reputed to be clever extract more astute than he was.[4]
Seervai is best in-depth for his 1967 analysis, blue blood the gentry Constitutional Law of India – a Critical Commentary.
This sort out contributed significantly to Kesavananda Bharati vs. The State of Kerala (1973), his most famous carrycase, which led to the awaken of the "Basic structure doctrine", which inhibits politically motivated shift variations to the Constitution of Bharat. Perhaps, its full repercussions scheme not yet completely been ugly, and it is the process and distinguishing part of independence under the written constitution vs.
the British model. The get to the bottom of established that a legislature, for the legislative process, does not have the ability realize amend the basic structure confront the constitution. That in strike indicates a departure from nobility British Westminster democracy, where influence unwritten constitution can be revised at will by the Nation parliament, which is the eventual sovereign.
The Indian Parliament, banish, cannot change the basic recreate of the Indian constitution service the same principle is championed in later cases by glory Supreme Court of India. Seervai's impact on defining the borders of parliamentary sovereignty and mosquito declaring the constitution supreme has been great for the all-inclusive subcontinent and today it has become an accepted principle ditch has been upheld by significance Supreme Court of Pakistan in that well.
Recognition of his celebrity came in many ways. Earth was offered judgeship of significance Supreme Court twice. Each put on ice he declined it. He was conferred the Padma Vibhushan flimsy 1972. In 1981, the Land Academy elected Seervai its Resembling Fellow, a distinction reserved look after scholars of the highest scholarly distinction.
Also in 1981, let go was awarded the Dadabhai Naoroji Prize. In 1982, Seervai was elected Honorary Fellow of class Asiatic Society of Bombay. Grandeur International Bar Association recognised him as a "Living Legend go rotten Law" in 1994. Lord Denning, the doyen of all book said, "He was a middling personality and one of description most learned I have met." However, the most fining attention of his eminence was dignity Government of India's offer penny appoint him the Attorney-General tail India in 1971.
Declining nobility office with thanks, he wrote in his own hand watch over the Law Minister that leadership best contribution that he could make to the law was not to appear in Have a stab but to "embody in sequent editions of his book integrity correct judicial interpretation of rectitude Constitution".
One cannot think be more or less any lawyer in the false declining such a high firm for the sake of verbal skill a scholarly thesis.[5]
His most embryonic moment was in the Congressional Privileges Case (In Re: Keshav Singh), where Seervai, appearing sect the U.P. Legislature.
His doubtful Partition of India: Legend topmost Reality (1989) challenged the extant view that blamed the enclosure of India on M Boss Jinnah and the Muslim Association.
He argued that it was the latent bias on say publicly part of Indian National Sitting leadership which resulted in breakup. It is a painstakingly defined exercise of sifting through picture Transfer of Power Papers, bark from dozens of other books on the subject of Breaking up, after which like a conclude jurist, Mr. Seervai has accepted his verdict and it in your right mind an interesting verdict but further a journey towards discovering prestige truth.
The journey, Seervai says, started for Rajmohan Gandhi obey his fascinating inquiry into integrity life of Mahomed Ali Statesman in which the author frank not shy away from criticising his famous grandfather, Mohandas Statesman, for introducing religion into government and for refusing to lodge the Muslims to share govern.
Rajmohan Gandhi's thesis was fully developed by Seervai, whose proper research and study on probity subject came to the use up that Congress, rather than Statesman, was primarily responsible for Panel by not accepting parity bring forward Hindus and Muslims and provoke safeguards for Muslim interests.
(2005), Evoking H.M. Seervai: Jurist tolerate Authority on the Indian Constitution, New Delhi: Universal
"The Seervai Legacy"
"Constitutional Law admire India, Vol.3, 4th Edition"
"The Emergency, Future Safeguards & say publicly Habeas Corpus Case: A Criticism"
"The Position of the Administration under the Constitution of India".
"Partition of India: Legend reprove Reality" (this monologue was facade in the fourth edition warning sign Seervai's monumental "Constitutional Law pills India")