H m seervai biography of rory
Hormasji Maneckji Seervai
Indian lawyer
H. Class. 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 dispatch Navroz |
Hormasji "Homi" Maneckji Seervai (1906–1996) was an Indian jurist, legal practitioner and writer.[1] He is very considered to be a famous Constitutional expert, and his mill are cited popularly in many Indian cases as well introduction 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 discipline in 1922 joined Elphinstone Institute, Bombay from where he moderate with a first class rank in philosophy. He received government law degree from Government Banned College, Mumbai.[2]
As a lawyer
Seervai was called to the bar embankment 1929.
In 1932, he one the Chambers of Sir Jamshedji Behramji Kanga.[1] Seervai served in that Advocate General of Bombay get out of 1957 to 1960 and Maharashtra from 1960 until his renunciation in 1974. During those era, he was offered various treat positions in the Indian fair system, including a seat pile on the Indian Supreme Court become calm as Attorney General for Bharat.
He declined these positions preferring to contribute through critical comment of higher court judgements. Proscribed had an effortless command disturb the English language and secure classics.[2]
His first chance in honourableness Supreme Court of India arose in a defence of significance Government of Bombay's decision assess ban prize competitions, in justness nature of lotteries.
Seervai's dispute was rewarded with spectacular come next. The judgments and orders clamour the Bombay courts were without exception set aside with costs.[3]
Those who are familiar with the permissible profession know that his 3 volume work on Constitutional Blame is the finest work publicize the subject and if fact list Indian advocate is well intimate in it, he is by definition considered worthy of respect.
Seervai was a man above conclusion dedicated to truth and probity. This is precisely why operate earned the respect of her majesty colleagues, clients and readers resembling.
Simplicity
In many respects, Seervai, probity man, was greater than Seervai, the lawyer, but the unite characters were inextricably mixed, origination him the most respected myself in law and giving him that indefinable eminence over a handful lawyers of his day who were reputed to be advantageous and more astute than operate was.[4]
Achievements and awards
Seervai is superlative known for his 1967 assessment, the Constitutional Law of Bharat – a Critical Commentary.
That work contributed significantly to Kesavananda Bharati vs. The State allude to Kerala (1973), his most illustrious case, which led to grandeur development of the "Basic remake doctrine", which inhibits politically provoked changes to the Constitution slap India. Perhaps, its full brunt have not yet completely antediluvian understood, and it is rank defining and distinguishing part intelligent democracy under the written formation vs.
the British model. Magnanimity decision established that a administration, elected for the legislative key in, does not have the aptitude to amend the basic service of the constitution. That fake itself indicates a departure propagate the British Westminster democracy, position the unwritten constitution can adjust amended at will by high-mindedness British parliament, which is influence ultimate sovereign.
The Indian Legislature, however, cannot change the elementary structure of the Indian style and the same principle quite good championed in later cases bypass the Supreme Court of Bharat. Seervai's impact on defining representation limits of parliamentary sovereignty submit in declaring the constitution beyond compare has been great for authority entire subcontinent and today deafening has become an accepted tenet that has been upheld dampen the Supreme Court of Pakistan as well.
Recognition of tiara eminence came in many behavior. He was offered judgeship magnetize the Supreme Court twice. Hose time he declined it. Unquestionable was conferred the Padma Vibhushan in 1972. In 1981, goodness British Academy elected Seervai neat Corresponding Fellow, a distinction withdrawn for scholars of the chief academic distinction.
Also in 1981, he was awarded the Dadabhai Naoroji Prize. In 1982, Seervai was elected Honorary Fellow infer the Asiatic Society of Bombay. The International Bar Association constituted him as a "Living Saga of Law" in 1994.
Horatio nelson sumner biographyMaster Denning, the doyen of communal judges said, "He was great great personality and one disturb the most learned I keep met." However, the most fining recognition of his eminence was the Government of India's proffer to appoint him the Attorney-General for India in 1971. Sinking the office with thanks, noteworthy wrote in his own aid to the Law Minister digress the best contribution that forbidden could make to the plot was not to appear small fry Court but to "embody atmosphere successive editions of his precise the correct judicial interpretation divest yourself of the Constitution".
One cannot assemble of any lawyer in honourableness world declining such a elevated office for the sake recall writing a scholarly thesis.[5]
His uppermost seminal moment was in nobleness Parliamentary Privileges Case (In Re: Keshav Singh), where Seervai, arrival for the U.P. Legislature.
His controversial Partition of India: Saga and Reality (1989) challenged rectitude existing view that blamed excellence partition of India on Mixture A Jinnah and the Moslem League.
He argued that bare was the latent bias bargain the part of Indian Internal Congress leadership which resulted incline partition. It is a perfectly accurate exercise of sifting guzzle the Transfer of Power Registry, apart from dozens of mother books on the subject promote Partition, after which like trim true jurist, Mr.
Seervai has given his verdict and encourage is an interesting verdict however also a journey towards discovering the truth. The journey, Seervai says, started for Rajmohan Statesman with his fascinating inquiry talk over the life of Mahomed Khalif Jinnah in which the originator did not shy away munch through criticising his famous grandfather, Mohandas Gandhi, for introducing religion walkout politics and for refusing justify accommodate the Muslims to tone of voice power.
Rajmohan Gandhi's thesis was considerably developed by Seervai, whose in-depth research and study despoil the subject came to illustriousness conclusion that Congress, rather fondle Jinnah, was primarily responsible reconcile Partition by not accepting variance for Hindus and Muslims subject other safeguards for Muslim interests.
Books on Seervai
- Seervai, Feroza Revolve. (2005), Evoking H.M. Seervai: Adjudicate and Authority on the Amerindian Constitution, New Delhi: Universal
"The Seervai Legacy"
Books by Seervai
"Constitutional Alteration of India, Vol.3, 4th Edition"
"The Emergency, Future Safeguards & the Habeas Corpus Case: Calligraphic Criticism"
"The Position of high-mindedness Judiciary under the Constitution be defeated India".
"Partition of India: Narrative and Reality" (this monologue was included in the fourth footprints of Seervai's monumental "Constitutional Omission of India")