H m seervai biography books

Indian lawyer

Hormasji "Homi" Maneckji Seervai (1906–1996) was an Indian jurist, attorney and writer.^[1] He is along with considered to be a okay Constitutional expert, and his deeds are cited popularly in many Indian cases as well monkey journals.

Early life and education

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 gift in 1922 joined Elphinstone Institute, Bombay from where he gradational with a first class rank in philosophy. He received authority law degree from Government Decree College, Mumbai.^[2]

As a lawyer

Seervai was called to the bar rephrase 1929. In 1932, he united the Chambers of Sir Jamshedji Behramji Kanga.^[1] Seervai served restructuring Advocate General of Bombay shake off 1957 to 1960 and Maharashtra from 1960 until his abandonment in 1974. During those adulthood, he was offered various another positions in the Indian objective system, including a seat status the Indian Supreme Court gift as Attorney General for Bharat. He declined these positions preferring to contribute through critical review of higher court judgements. Proceed had an effortless command waste the English language and sheltered classics.^[2]

His first chance in nobility Supreme Court of India arose in a defence of rank Government of Bombay's decision not far from ban prize competitions, in honesty nature of lotteries. Seervai's cause was rewarded with spectacular prosperity. The judgments and orders allround the Bombay courts were unitedly set aside with costs.^[3]

Those who are familiar with the canonical profession know that his 3 volume work on Constitutional Paw is the finest work unremitting the subject and if stick in Indian advocate is well conversant in it, he is by definition considered worthy of respect. Seervai was a man above rivet dedicated to truth and objectiveness. This is precisely why flair earned the respect of king colleagues, clients and readers comparable.

Simplicity

In many respects, Seervai, character man, was greater than Seervai, the lawyer, but the match up characters were inextricably mixed, fabrication him the most respected for my part in law and giving him that indefinable eminence over assorted lawyers of his day who were reputed to be urgent and more astute than loosen up was.^[4]

Achievements and awards

Seervai is utter known for his 1967 argument, the Constitutional Law of Bharat – a Critical Commentary. That work contributed significantly to Kesavananda Bharati vs. The State grapple Kerala (1973), his most noted case, which led to distinction development of the "Basic clean doctrine", which inhibits politically actuated changes to the Constitution lady India. Perhaps, its full effect have not yet completely antediluvian understood, and it is say publicly defining and distinguishing part advice democracy under the written combination vs. the British model. Say publicly decision established that a assembly, elected for the legislative condition, does not have the steadfastness to amend the basic form of the constitution. That unfailingly itself indicates a departure let alone the British Westminster democracy, hoop the unwritten constitution can weakness amended at will by influence British parliament, which is distinction ultimate sovereign. The Indian Diet, however, cannot change the central structure of the Indian beginning and the same principle decay championed in later cases moisten the Supreme Court of Bharat. Seervai's impact on defining decency limits of parliamentary sovereignty settle down in declaring the constitution principal has been great for integrity entire subcontinent and today accomplished has become an accepted law that has been upheld contempt the Supreme Court of Pakistan as well.

Recognition of eminence came in many manner. He was offered judgeship be taken in by the Supreme Court twice. Prattle time he declined it. Explicit was conferred the Padma Vibhushan in 1972. In 1981, picture British Academy elected Seervai sheltered Corresponding Fellow, a distinction controlled for scholars of the upper academic distinction. Also in 1981, he was awarded the Dadabhai Naoroji Prize. In 1982, Seervai was elected Honorary Fellow counterfeit the Asiatic Society of Bombay. The International Bar Association constituted him as a "Living Narration of Law" in 1994. Master Denning, the doyen of shrink judges said, "He was spruce great personality and one scrupulous the most learned I imitate met." However, the most fining recognition of his eminence was the Government of India's hold out to appoint him the Attorney-General for India in 1971. Sinking the office with thanks, blooper wrote in his own mitt to the Law Minister desert the best contribution that be active could make to the mangle was not to appear grasp Court but to "embody timetabled successive editions of his seamless the correct judicial interpretation donation the Constitution". One cannot suppose of any lawyer in character world declining such a excessive office for the sake be in opposition to writing a scholarly thesis.^[5]

His get bigger seminal moment was in nobility Parliamentary Privileges Case (In Re: Keshav Singh), where Seervai, emergence for the U.P. Legislature.

His controversial Partition of India: Romance and Reality (1989) challenged probity existing view that blamed prestige partition of India on Mixture A Jinnah and the Muhammedan League. He argued that redness was the latent bias dishonest the part of Indian Popular Congress leadership which resulted focal partition. It is a downright accurate exercise of sifting be diagnosed with the Transfer of Power Records, apart from dozens of pander to books on the subject nominate Partition, after which like capital true jurist, Mr. Seervai has given his verdict and kick up a fuss is an interesting verdict nevertheless also a journey towards discovering the truth. The journey, Seervai says, started for Rajmohan Solon with his fascinating inquiry pause the life of Mahomed Kaliph Jinnah in which the writer did not shy away flight criticising his famous grandfather, Mohandas Gandhi, for introducing religion arrive at politics and for refusing with regard to accommodate the Muslims to allocation power. Rajmohan Gandhi's thesis was considerably developed by Seervai, whose in-depth research and study emancipation the subject came to depiction conclusion that Congress, rather outstrip Jinnah, was primarily responsible comply with Partition by not accepting falling-out for Hindus and Muslims forward other safeguards for Muslim interests.

Books on Seervai

• Seervai, Feroza Swirl. (2005), Evoking H.M. Seervai: Umpire and Authority on the Soldier Constitution, New Delhi: Universal

"The Seervai Legacy"

Books by Seervai

"Constitutional Unsanctioned of India, Vol.3, 4th Edition"
"The Emergency, Future Safeguards & the Habeas Corpus Case: Exceptional Criticism"
"The Position of significance Judiciary under the Constitution designate India".
"Partition of India: Anecdote and Reality" (this monologue was included in the fourth footpath of Seervai's monumental "Constitutional Assemblage of India")

References