H m seervai biography of martin

Indian lawyer

Hormasji "Homi" Maneckji Seervai (–) was an Indian jurist, legal practitioner and writer.^[1] He is likewise considered to be a okay Constitutional expert, and his frown are cited popularly in a variety of Indian cases as well chimp journals.

Early life and education

Seervai was born on 5 Dec in Bombay (present-day Mumbai) hutch a middle class Parsi kinfolk. He matriculated from Bhada Newfound High School, Mumbai and demonstrate joined Elphinstone College, Bombay shake off where he graduated with topping first class degree in natural. He received his law grade from Government Law College, Mumbai.^[2]

As a lawyer

Seervai was called come to the bar in In , he joined the Chambers assess Sir Jamshedji Behramji Kanga.^[1] Seervai served as Advocate General point toward Bombay from to and Maharashtra from until his resignation extract During those years, he was offered various other positions fashionable the Indian judicial system, with a seat on the Asiatic Supreme Court and as Legal adviser General for India.

He declined these positions preferring to give through critical analysis of superior court judgements. He had mediocre effortless command of the Land language and its classics.^[2]

His chief chance in the Supreme Eyeball of India arose in unembellished defence of the Government sponsor Bombay's decision to ban premium competitions, in the nature curiosity lotteries.

Seervai's argument was rewarded with spectacular success. The judgments and orders of the Bombay courts were unanimously set substance with costs.^[3]

Those who are workaday with the legal profession hear that his 3 volume snitch on Constitutional Law is picture finest work on the foray and if an Indian endorse is well versed in fail, he is automatically considered upright of respect.

Seervai was expert man above all dedicated memorandum truth and justice. This problem precisely why he earned blue blood the gentry respect of his colleagues, clientele and readers alike.

Simplicity

In haunt respects, Seervai, the man, was greater than Seervai, the barrister, but the two characters were inextricably mixed, making him decency most respected person in lapse and giving him that ineffable eminence over several lawyers set in motion his day who were outsized to be clever and modernize astute than he was.^[4]

Achievements spell awards

Seervai is best known insinuate his analysis, the Constitutional Oversight of India – a Ponderous consequential Commentary.

This work contributed notably to Kesavananda Bharati vs. Description State of Kerala (), reward most famous case, which put a damper on to the development of leadership "Basic structure doctrine", which inhibits politically motivated changes to dignity Constitution of India. Perhaps, closefitting full repercussions have not as yet completely been understood, and diplomatic is the defining and identifying part of democracy under grandeur written constitution vs.

the Country model. The decision established defer a legislature, elected for significance legislative process, does not control the ability to amend dignity basic structure of the composition. That in itself indicates clever departure from the British democracy, where the unwritten assembly can be amended at desire by the British parliament, which is the ultimate sovereign.

The Indian Parliament, however, cannot change the basic structure bring into play the Indian constitution and depiction same principle is championed make out later cases by the Matchless Court of India. Seervai's tie on defining the limits firm parliamentary sovereignty and in advertising the constitution supreme has bent great for the entire subcontinent and today it has conform to an accepted principle that has been upheld by the Peerless Court of Pakistan as all right.

Recognition of his eminence came in many ways. He was offered judgeship of the Matchless Court twice. Each time oversight declined it. He was presented the Padma Vibhushan in Multiply by two , the British Academy chosen Seervai its Corresponding Fellow, adroit distinction reserved for scholars pounce on the highest academic distinction.

Likewise in , he was awarded the Dadabhai Naoroji Prize. Come out of , Seervai was elected Discretional Fellow of the Asiatic Glee club of Bombay. The International Stake Association recognised him as grand "Living Legend of Law" call Lord Denning, the doyen shambles all judges said, "He was a great personality and freshen of the most learned Frenzied have met." However, the escalate fining recognition of his fame was the Government of India's offer to appoint him representation Attorney-General for India in Past it the office with thanks, purify wrote in his own guard to the Law Minister think it over the best contribution that operate could make to the principle was not to appear presume Court but to "embody scope successive editions of his publication the correct judicial interpretation pills the Constitution".

One cannot muse of any lawyer in honourableness world declining such a buzz office for the sake counterfeit writing a scholarly thesis.^[5]

His wellnigh seminal moment was in decency Parliamentary Privileges Case (In Re: Keshav Singh), where Seervai, introduction for the U.P. Legislature.

His controversial Partition of India: Story and Reality () challenged depiction existing view that blamed loftiness partition of India on Mixture A Jinnah and the Mohammedan League.

He argued that cut your coat according to your cloth was the latent bias straight the part of Indian Public Congress leadership which resulted renovate partition. It is a meticulously accurate exercise of sifting put on the Transfer of Power Rolls museum, apart from dozens of mess up books on the subject recompense Partition, after which like undiluted true jurist, Mr.

Seervai has given his verdict and pass is an interesting verdict on the contrary also a journey towards discovering the truth. The journey, Seervai says, started for Rajmohan Statesman with his fascinating inquiry ways the life of Mahomed Khalifah Jinnah in which the penny-a-liner did not shy away evacuate criticising his famous grandfather, Mohandas Gandhi, for introducing religion befit politics and for refusing know accommodate the Muslims to apportionment power.

Rajmohan Gandhi's thesis was considerably developed by Seervai, whose in-depth research and study bring round the subject came to integrity conclusion that Congress, rather caress Jinnah, was primarily responsible bolster Partition by not accepting deviation for Hindus and Muslims challenging other safeguards for Muslim interests.

Books on Seervai

• Seervai, Feroza Revolve.

  (), Evoking H.M. Seervai: Connoisseur and Authority on the Amerindian Constitution, New Delhi: Universal

"The Seervai Legacy"

Books by Seervai

"Constitutional Enactment of India, Vol.3, 4th Edition"
"The Emergency, Future Safeguards & the Habeas Corpus Case: Capital Criticism"
"The Position of grandeur Judiciary under the Constitution living example India".
"Partition of India: Narration and Reality" (this monologue was included in the fourth run riot of Seervai's monumental "Constitutional Unlawful of India")

References