This January 16 marked the 100th birth anniversary of the legendary jurist Nani Palkhivala who thwarted attempts by Prime Minister Indira Gandhi to subvert the Indian Constitution. His persuasive advocacy prevented the sacred document from becoming an appendage to the whims and fancies of elected representatives beholden to autocratic and unscrupulous despots. At the function to honor his memory at the National Centre for the Performing Arts on that day, was the prominent chairman of Tata Sons, N. Chandrasekaran, the government’s "go to man," according to Deepak Parekh, another high profile business leader and trustee of the Nani Palkhivala Memorial Trust (NPMT). The Tata chair’s talk was titled "Building India for the future." He listed several economic constraints for doing so and suggested policy measures that would ensure a more prosperous tomorrow.
He avoided any mention of the present civil turmoil that is engulfing the country, the suppression of civil liberties in Kashmir, the attacks on minorities and the disadvantaged castes, the student unrest on campuses, the sycophancy of a large section of the media. But it would be imprudent for a business leader of one of the largest corporate conglomerates in the country to criticize the political party in power. More so in the present "atmosphere of fear," that noted industrialist Rahul Bajaj referred to at an Economic Times awards event on December 1, 2019.
Once Palkhivala joined the house of Tatas in 1961 at chairman J. R. D. Tata’s behest, the Group grew wary of Palkhivala’s advocacy of human rights coupled with his criticism of the government. The concern was not unfounded. Since he had returned Gandhi’s brief for the Supreme Court appeal challenging her dismissal by the Allahabad High Court on June 12, 1975 and opposed the Emergency declared 13 days later, the government hit back. According to the hagiographical book titled Nani Palkhivala, God’s Gift to India by Dharmendra, Hema and Savitri Bhandari, Palkhivala "had to resign as a director of Indian Hotels...as one of the conditions for approval of plans to construct the Taj Mahal Hotel in New Delhi." Other Tata directors also objected to Palkhivala’s budget speeches that attracted large audiences and were critical of government economic policies. J. R. D. stood by Palkhivala.
No doubt a company has to see to the interests of its stakeholders. But one of the definitions of "stakeholder" in Webster’s dictionary includes "one who is involved in or affected by a course of action." Hence besides shareholders, employees, vendors and customers, others are also affected. Corporates operate best in a mature democracy where monopolies and cartels are forbidden, a level playing field is ensured and consumers can choose which product to buy or whose services to avail of. If that free choice and competition is tampered with, a country ends up with crony capitalism or lopsided development.
Solicitor Shiavax Vakil, a close friend of Palkhivala, wondered whether lawyers should join corporate houses. He had left a successful practice with Mulla and Mulla to become the legal counsel for the House of Tatas. He believed that once lawyers entered the corporate world their commitment to the legal profession was fettered as was their independence. Even jurist Fali Nariman believed Palkhivala’s views "would have been better received… if he had not been associated with a corporate house (Hamazor 2003, text from Hormazdiyaar Vakil’s archives)."
Palkhivala and Shiavax were both deeply religious and spiritually inclined and frequented babas (spiritual leaders). In Shiavax’s corner, ground floor office at Bombay House, a host of Ganpatis and other idols and images of various religious leaders were arrayed beside the windows.
Shiavax was deeply involved with the community and was even elected a trustee of the Bombay Parsi Punchayet (BPP). Palkhivala’s connection with the community was less so. He was once persuaded by the Delhi Parsi Anjuman head and former Indian Civil Service officer, Shiavax Nargolwala, to head the Federation of the Parsi Zoroastrian Anjumans of India after the body had split in 1979. But when Palkhivala realized the all-India body was mired in controversy and that the BPP and some other anjumans had left the Federation, he termed the organization "just a rump," and withdrew his acceptance. Had he taken the challenge, with his compelling presence he could have brought the warring factions together, just as billionaire Dr Cyrus Poonawalla did at the time of the 10th World Zoroastrian Congress in Bombay in 2013.
Palkhivala’s personality was a complex one. Though he opposed many of Gandhi’s numerous attempts to sabotage the Constitution and the judiciary, he accepted her brief when she turned to him after the Allahabad High Court found her guilty of electoral malpractices and voided her 1971 election to Parliament. When A. D. Gorwala, the fearless editor and publisher of Opinion, sought a meeting with Palkhivala regarding the censorship that had been imposed on the media, Palkhivala took the opportunity to explain he had taken Gandhi’s brief because he felt she had the right to legal representation by a lawyer of her choice. He also said she had a strong case. But the declaration of the Emergency left him no choice but to return the brief.
While a number of notable people may choose to remain silent out of prudence, a revolution is taking place on the streets and elsewhere. Students and women, especially Muslim women, are manning the barricades. One can only admire the women of Shaheen Baug in Delhi who are spending days and nights on the street, opposing the Citizenship (Amendment) Act and the National Register of Citizens, both directly or indirectly targeting Muslims and possibly depriving them of their citizenship. Though the government has denied any such motive, few believe those in power or have any faith in their reassurances. Since the protesters are women, the ruling party has not sent in their stormtroopers as they did at the prestigious Jawaharlal Nehru University (JNU) with the complicity of a pliant vice chancellor and a subjugated police force.
This year the NPMT did not present any awards to those exemplifying Palkhivala’s causes. But perhaps it is not too late to confer honors on the Shaheen Baug women and the students of JNU. Perhaps the Trust can do so to mark Jamshedi Navroz, and thereby ensure an auspicious start to the New Year. Palkhivala would have approved.