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"There are those who knew and loved and admired him,” said Yezdi Malegam, chairman of the Nani A. Palkhivala Memorial Trust (NAPMT) when addressing the audience comprising a large component of legal luminaries and business executives who fell in this category of Palkhivala fans. They had assembled at the Tata Theatre on September 1, 2015 to honor the memory of Palkhivala, to hear Justice Santosh Hegde (retd) deliver The Twelfth Nani A. Palkhivala Memorial Lecture, to enjoy the screening of the 47-minute documentary film Nani – The Crusader, produced by the Trust, and to witness the launch of The Wit & Wisdom of Nani Palkhivala.

 

 

 

 

The film, as explained Malegam, was deemed necessary "for the proper transmission of Nani’s legacy to those who did not know him.” To reflect Palkhivala’s "passion, wit, profundity of thought and felicity of language,” the film’s crew relied heavily on his annual budget speeches at the Brabourne Stadium in Bombay.  At these discourses, attended by thousands, the taxation expert never failed to impress the gathering with his incisive analysis and flow of facts and figures without referring to any notes. Interspersed with passages from half a dozen books authored by Palkhivala, the film carries interviews with his legal contemporaries and juniors like Soli Sorabjee, Iqbal Chagla, Sujata Manohar commenting on his landmark role in defending India’s democracy during the Emergency and at other times.
In the 1970s Palkhivala was at the zenith of his legal career and determined the course of the Privy Purses case when the privileges and allowances sanctioned to the royal families of erstwhile princely states of India and guaranteed by the Constitution of India were sought to be summarily withdrawn. Palkhivala further won the Bank Nationalization case (also known as Rustom Cooper case) that guaranteed compensation under the Constitution for private property acquired by the government for public use. Equally well known was Palkhivala’s role in the Kesavananda Bharati case which ensured certain inviolable principles of the Indian Constitution could not be amended by Parliament.
At the House of Tatas too Palkhivala, as director of Tata Sons, was a venerated figure whose office was just across from J. R. D. Tata’s as recalled chairman emeritus of Tata Sons, Ratan Tata. Members of Palkhivala’s family like younger brother Behram and nephew Homi Ranina shared archival photos and little known facts. Having grown up at Khareghat Colony, to supplement the family’s modest income the academically brilliant Nani used to play the violin in Mehli Cassinath’s band and worked as a totalizer at the Race Course.
The documentary was directed by filmmaker Cyrus Bharucha whose earlier effort, On Wings of Fire, had received funding assistance from Palkhivala, industrialist Sorab Godrej and others. Author Bakhtiar Dadabhoy scripted the film that was edited by Sheeba Sehgal with Roger Pereira lending his voice gratis. A large number of Palkhivala’s contemporaries had been interviewed, all of whom could not be included in the film. "I hope they will not grudge making space for Nani,” said Malegam whilst assuring them that the footage will be retained for future use.
Usually the annual function organized by NAPMT also confers Civil  Liberties Awards to individuals and organizations. However "this year the panel has not found any of the nominees worthy,” declared Malegam.
Before delivering the Memorial Lecture, Hegde released The Wit & Wisdom of Nani Palkhivala, a compilation of his quotations. Whilst the credit for this book was given to advocate Jignesh Shah, in his brief introduction Shah told the audience that "the book had originated in the mind of Behram who had preserved all his brother’s speeches in six boxes.” Having worked under the "personal supervision” of Behram who is nearly 90 years of age, Shah considered this book "more his, than mine.” Hoping the book with its "distilled thoughts on a variety of subjects…will be a constant companion to the youth of this country…who may not have the inclination or attention span” to go through larger tomes, Shah asserted, it is like "a multivitamin capsule.”
A copy of this book was specially presented to Harish Badame, chief executive officer and managing director of ACC Limited that had sponsored the event as a tribute to Palkhivala, its erstwhile chairman for nearly three decades. As announced Malegam, limited copies of this book, published by Rupa and Company, will be available for Rs 250 instead of its printed price of Rs 295 from the office of the Forum of Free Enterprise (FFE), Peninsula House, 235 Dr Dadabhai Naoroji Road, Bombay 400001, tel: 22703426. The Memorial Lecture was held under the joint auspices of NAPMT, FFE, Bombay Bar Association, Bombay Chartered Accountants’ Society and Bombay Incorporated Law Society.
The topic of the Memorial Lecture being "Is Good Governance a Right of a Citizen in Democracy?” Malegam remarked in his introduction to Hegde, "No person is more qualified to speak on the subject.” A former judge of the Supreme Court of India, erstwhile solicitor general of India and Lokayukta (ombudsman) for five years in his native state of Karnataka, Hegde recalled his younger days when as a fresh lawyer he had approached Palkhivala at the Tata Guest House in Delhi for some advice which was given gratuitously. He also appreciated that on another occasion "the truly good and great Indian” had taken time off from his busy schedule to deliver a lecture in Mangalore in memory of his father Justice K. S. Hegde, also a former judge of the Supreme Court and Speaker of the Lok Sabha. Commending Palkhivala’s wit, Hegde recalled the legal doyen’s words, "The law may or may not be an ass but in India it is certainly a snail.”
Good governance, according to Hegde, implies "sensitivity to the needs of the people… strict rules of transparency and accountability.” It can be assured if the executive branch in a democracy realize that they "are public servants and not masters,” to hold office "in trust for the people,” and uphold "majesty of the law” with rectitude. Included in Hegde’s spectrum of executives were both the elected representatives who need no educational qualifications as also personnel from the executive cadre who have to pass qualifying examinations to join the administrative services. Misuse of business rules and political domination by the elected representatives, if not resisted by the bureaucracy, results in poor governance, he observed. "The power of transfer of officials should not be vested in politicians,” he advised. Viewing good governance as Raj dharma, Hegde recalled British jurist Lord Michael Nolan’s "seven principles of public life”: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. 
In reality, the executive in India has to be reminded that "power is not for personal benefit,” and that "be you ever so high, the law is above you,” observed the retired judge. As per public perception there is "lack of ethics and fair governance,” stated Hegde before quoting then Prime Minister of India Dr Manmohan Singh who admitted in 2009 that "there is large scale corruption even in high places… the large fish are escaping…” More threatening than the "degree or percentage of corruption… is the lack of probity,” opined Hegde before reiterating that "corruption is not merely a dirty word but a dirty act.”
According to him, there is nothing like petty corruption for if allowed to grow, its tentacles will keep spreading. The country does not need to be reminded time and again of Rs 70,000 crores lost in the Commonwealth Games Scam or Rs 1,86,000 crores on the CoalGate Scam or that the beneficiary gets only 15 paise from every rupee that the government sets aside for the poor. "What is the cause of this malaise?” asked Hegde, before proceeding to give a response, "the collective greed of the electorate and the elected.” He believed corruption had reached these epic proportions in the absence of legislation and cited how 17 bills were approved by the Lok Sabha in 12 minutes in 2008 but not the Prevention of Corruption Bill which did not progress to the Rajya Sabha. Another issue of concern was that the country had yet not appointed a Lok Pal even after a law was passed.
"Many changes can be achieved if we fight for it,” believed the optimist before reminding the audience to "raise our voice” against corruption for "eternal vigilance” is the price we are required to pay to enjoy the fruits of democracy. He was convinced, "Good governance is certainly a basic right contemplated by the Constitution even if it does not come in Part III (which guarantees Fundamental Rights to citizens of India).”
In his vote of thanks, NAPMT trustee Bansi Mehta emphasized that good governance is "not only a right but an obligation on the people who occupy positions of governance.” He then cited the case of former US President Woodrow Wilson who took a stance which his supporters feared would cost him votes. Undeterred, Wilson declared, "I would rather be right than be the President!”