Nani Palkhivala Suggested To Make Arbitration Compulsory In Commercial Matters To Reduce Pendency Of Cases: Justice Indu Malhotra

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Nani Palkhivala has enlightened the chief reason for the delay in the decision of any commercial case in the administration of the Justice of India. Moreover, one of the arguable advice she gave to resolve the commercial cases is that every commercial case has to be reviewed or taken by the Arbitration first, to address all the pending cases timely.

The Supreme Court Justice Nani Palkhivala expressed while speaking at the birth Cenetary celebration of the adroit lawyer and Jurist in the Court of New Delhi.

The Justice also described that Palkhivala as one of the finest rhetoric, she recounted an incident when Apex Court received a request to review the Kesavananda Bharti case.

“I have derived my knowledge (of the incident) from my father who was present in the court then and an article written in the Times of India by Mr. Fali Nariman…This was after the supersession of the three senior-most judges when the judgment in the Indira Gandhi election case was delivered on November 7, 1975. The Attorney General and the Advocate General of Tamil Nadu moved an application seeking the listing of the writ petition for reconsideration of the Kesavananda Bharati decision. The CJI had indicated that the writ petition would be listed for hearing before a 13-judge bench on November 10, 1975, to decide whether the basic structure doctrine restricted the power of the Parliament to amend the Constitution and whether the Bank Nationalization case was decided correctly…Just before the reconsideration, four out of the five judges in the Indira Gandhi case reaffirmed the Basic Structure doctrine on November 7, 1975…The Hearing (in the Kesavananda Bharati review) lasted a little over two days. There were these two lines that Palkhivala had said which my father would recount on many of occasions- ‘Gentlemen; you will rue the day if you let down the people of this country by reconsidering and reopening Kesavananda Bharati. Posterity will never forgive you for this’…After one and a half days of presentation, 12 out of the 13 judges were convinced by his arguments. They told the CJI that Since there were no live issues to consider and the hearing of the case would take six months, it would be a waste of time. On the third day, the Chief Justice announced that this bench is dissolved…”

Justice Malhotra narrated how “the greatest constitutional jurist,” whose “contribution to Constitution law and Income Tax is unparalleled,” had at the peak of the emergency fearlessly fought for an independent judiciary which would safeguard the Fundamental Rights of the citizens against the Executive.

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