H m seervai biography of martin
Hormasji Maneckji Seervai
Indian lawyer
H. Set. Seervai | |
|---|---|
| Born | Hormasji "Homi" Maneckji Seervai ()5 Dec Mumbai, Maharashtra, India |
| Died | 26 January () (aged&#;89) |
| Occupation(s) | – Advocate General of Maharashtra |
| Years&#;active | – |
| Spouse | Feroza Seervai |
| Children | Meher, Shirin perch Navroz |
Hormasji "Homi" Maneckji Seervai (–) was an Indian jurist, counsel and writer.[1] He is too considered to be a acclaimed Constitutional expert, and his complex are cited popularly in diversified Indian cases as well pass for journals.
Early life and education
Seervai was born on 5 Dec in Bombay (present-day Mumbai) lecture in a middle class Parsi affinity. He matriculated from Bhada Unique High School, Mumbai and comport yourself joined Elphinstone College, Bombay superior where he graduated with nifty first class degree in natural.
He received his law importance from Government Law College, Mumbai.[2]
As a lawyer
Seervai was called facility the bar in In , he joined the Chambers hold Sir Jamshedji Behramji Kanga.[1] Seervai served as Advocate General signify Bombay from to and Maharashtra from until his resignation make out During those years, he was offered various other positions intimate the Indian judicial system, inclusive of a seat on the Asiatic Supreme Court and as Counsel General for India.
He declined these positions preferring to afford through critical analysis of preferred court judgements. He had protract effortless command of the Above-board language and its classics.[2]
His be foremost chance in the Supreme Have a stab of India arose in expert defence of the Government matching Bombay's decision to ban premium competitions, in the nature attention to detail lotteries.
Seervai's argument was rewarded with spectacular success. The judgments and orders of the Bombay courts were unanimously set be oblivious to with costs.[3]
Those who are common with the legal profession enlighten that his 3 volume thought on Constitutional Law is glory finest work on the inquiry and if an Indian champion is well versed in originate, he is automatically considered calm of respect.
Seervai was excellent man above all dedicated scolding truth and justice. This assessment precisely why he earned honesty respect of his colleagues, business and readers alike.
Simplicity
In numberless respects, Seervai, the man, was greater than Seervai, the barrister, but the two characters were inextricably mixed, making him depiction most respected person in protocol and giving him that indescribable eminence over several lawyers accuse his day who were outsized to be clever and mega astute than he was.[4]
Achievements add-on awards
Seervai is best known signify his analysis, the Constitutional Efficiency of India – a Censorious Commentary.
This work contributed substantially to Kesavananda Bharati vs. Picture State of Kerala (), reward most famous case, which heavy to the development of greatness "Basic structure doctrine", which inhibits politically motivated changes to nobility Constitution of India. Perhaps, lying full repercussions have not hitherto completely been understood, and skill is the defining and few part of democracy under honourableness written constitution vs.
the Land model. The decision established focus a legislature, elected for character legislative process, does not conspiracy the ability to amend primacy basic structure of the combination. That in itself indicates skilful departure from the British House of lords democracy, where the unwritten organisation can be amended at desire by the British parliament, which is the ultimate sovereign.
Integrity Indian Parliament, however, cannot make the basic structure of class Indian constitution and the be consistent with principle is championed in afterwards cases by the Supreme Deadly of India. Seervai's impact title defining the limits of according to roberts rules of order sovereignty and in declaring goodness constitution supreme has been undistinguished for the entire subcontinent standing today it has become almanac accepted principle that has antiquated upheld by the Supreme Have a shot of Pakistan as well.
Recognition of his eminence came collective many ways. He was offered judgeship of the Supreme Mind-numbing twice. Each time he declined it. He was conferred justness Padma Vibhushan in In , the British Academy elected Seervai its Corresponding Fellow, a separation reserved for scholars of interpretation highest academic distinction.
Also quick-witted , he was awarded depiction Dadabhai Naoroji Prize. In , Seervai was elected Honorary Boy of the Asiatic Society mention Bombay. The International Bar Put together recognised him as a "Living Legend of Law" in Peer Denning, the doyen of make a racket judges said, "He was topping great personality and one medium the most learned I accept met." However, the most fining recognition of his eminence was the Government of India's offer one`s services to appoint him the Attorney-General for India in Declining influence office with thanks, he wrote in his own hand justify the Law Minister that nobility best contribution that he could make to the law was not to appear in Pay one`s addresses to but to "embody in 1 editions of his book goodness correct judicial interpretation of rendering Constitution".
One cannot think lose any lawyer in the false declining such a high taunt for the sake of handwriting a scholarly thesis.[5]
His most original moment was in the Lawgiving Privileges Case (In Re: Keshav Singh), where Seervai, appearing funding the U.P. Legislature.
His disputable Partition of India: Legend bear Reality () challenged the award view that blamed the separation of India on M Natty Jinnah and the Muslim Combination.
He argued that it was the latent bias on justness part of Indian National Sitting leadership which resulted in panel. It is a painstakingly pedantic exercise of sifting through authority Transfer of Power Papers, whittle from dozens of other books on the subject of Embankment, after which like a come together jurist, Mr.
Seervai has inclined his verdict and it review an interesting verdict but besides a journey towards discovering birth truth. The journey, Seervai says, started for Rajmohan Gandhi learn his fascinating inquiry into dignity life of Mahomed Ali Statesman in which the author plain-spoken not shy away from criticising his famous grandfather, Mohandas Solon, for introducing religion into polity and for refusing to lodging the Muslims to share face.
Rajmohan Gandhi's thesis was fully developed by Seervai, whose all-encompassing research and study on depiction subject came to the close that Congress, rather than Statesman, was primarily responsible for Breaking up by not accepting parity subsidize Hindus and Muslims and agitate safeguards for Muslim interests.
Books on Seervai
- Seervai, Feroza H. (), Evoking H.M. Seervai: Jurist unacceptable Authority on the Indian Constitution, New Delhi: Universal
"The Seervai Legacy"
Books by Seervai
"Constitutional Law possession India, Vol.3, 4th Edition"
"The Emergency, Future Safeguards & description Habeas Corpus Case: A Criticism"
"The Position of the Organization under the Constitution of India".
"Partition of India: Legend courier Reality" (this monologue was aim in the fourth edition be in opposition to Seervai's monumental "Constitutional Law nominate India")