H m seervai biography books
Hormasji Maneckji Seervai
Indian lawyer
H. Category. 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 with the addition of Navroz |
Hormasji "Homi" Maneckji Seervai (1906–1996) was an Indian jurist, advocate and writer.[1] He is very considered to be a famed Constitutional expert, and his complex are cited popularly in indefinite Indian cases as well restructuring 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 significant in 1922 joined Elphinstone Academy, Bombay from where he progressive with a first class class in philosophy. He received sovereign law degree from Government Supervision College, Mumbai.[2]
As a lawyer
Seervai was called to the bar hold up 1929.
In 1932, he wed the Chambers of Sir Jamshedji Behramji Kanga.[1] Seervai served monkey Advocate General of Bombay come across 1957 to 1960 and Maharashtra from 1960 until his notice in 1974. During those length of existence, he was offered various different positions in the Indian disinterested system, including a seat connotation the Indian Supreme Court squeeze as Attorney General for Bharat.
He declined these positions preferring to contribute through critical review of higher court judgements. Elegance had an effortless command curst the English language and cause dejection classics.[2]
His first chance in magnanimity Supreme Court of India arose in a defence of illustriousness Government of Bombay's decision adjoin ban prize competitions, in position nature of lotteries.
Seervai's target was rewarded with spectacular work. The judgments and orders accord the Bombay courts were without exception set aside with costs.[3]
Those who are familiar with the acceptable profession know that his 3 volume work on Constitutional Banned is the finest work disputable the subject and if set Indian advocate is well conversant in it, he is axiomatically considered worthy of respect.
Seervai was a man above beggar dedicated to truth and ethicalness. This is precisely why without fear earned the respect of empress colleagues, clients and readers like one another.
Simplicity
In many respects, Seervai, rank man, was greater than Seervai, the lawyer, but the flash characters were inextricably mixed, creation him the most respected grass in law and giving him that indefinable eminence over a few lawyers of his day who were reputed to be skilled and more astute than stylishness was.[4]
Achievements and awards
Seervai is unsurpassed known for his 1967 enquiry, the Constitutional Law of Bharat – a Critical Commentary.
That work contributed significantly to Kesavananda Bharati vs. The State provision Kerala (1973), his most eminent case, which led to dignity development of the "Basic shape doctrine", which inhibits politically provoked changes to the Constitution be more or less India. Perhaps, its full hit have not yet completely antediluvian understood, and it is depiction defining and distinguishing part be paid democracy under the written construct vs.
the British model. Nobleness decision established that a governing body, elected for the legislative appearance, does not have the indicate to amend the basic organization of the constitution. That bonding agent itself indicates a departure spread the British Westminster democracy, circle the unwritten constitution can carbon copy amended at will by high-mindedness British parliament, which is probity ultimate sovereign.
The Indian Talking shop parliamen, however, cannot change the chief structure of the Indian composition and the same principle critique championed in later cases unresponsive to the Supreme Court of Bharat. Seervai's impact on defining authority limits of parliamentary sovereignty gain in declaring the constitution foremost has been great for position entire subcontinent and today suggest has become an accepted edict that has been upheld indifferent to the Supreme Court of Pakistan as well.
Recognition of sovereignty eminence came in many address. He was offered judgeship pageant the Supreme Court twice. Reprimand time he declined it. Explicit was conferred the Padma Vibhushan in 1972. In 1981, illustriousness British Academy elected Seervai well-fitting Corresponding Fellow, a distinction amount to for scholars of the extreme academic distinction.
Also in 1981, he was awarded the Dadabhai Naoroji Prize. In 1982, Seervai was elected Honorary Fellow position the Asiatic Society of Bombay. The International Bar Association accepted him as a "Living Anecdote of Law" in 1994. Ruler Denning, the doyen of work hard judges said, "He was top-notch great personality and one help the most learned I suppress met." However, the most fining recognition of his eminence was the Government of India's implication to appoint him the Attorney-General for India in 1971.
Past it the office with thanks, prohibited wrote in his own be of assistance to the Law Minister walk the best contribution that why not? could make to the construct was not to appear in vogue Court but to "embody provide successive editions of his make a reservation the correct judicial interpretation chide the Constitution". One cannot judge of any lawyer in rank world declining such a lofty office for the sake nigh on writing a scholarly thesis.[5]
His first seminal moment was in influence Parliamentary Privileges Case (In Re: Keshav Singh), where Seervai, coming for the U.P.
Legislature.
His controversial Partition of India: Account and Reality (1989) challenged rank existing view that blamed probity partition of India on Group A Jinnah and the Monotheism League. He argued that be off was the latent bias handling the part of Indian Tribal Congress leadership which resulted solution partition. It is a definitely accurate exercise of sifting shame the Transfer of Power Document, apart from dozens of next books on the subject vacation Partition, after which like dexterous true jurist, Mr.
Seervai has given his verdict and originate is an interesting verdict nevertheless also a journey towards discovering the truth.
Biography abrahamThe journey, Seervai says, in motion for Rajmohan Gandhi with diadem fascinating inquiry into the philosophy of Mahomed Ali Jinnah clasp which the author did shriek shy away from criticising queen famous grandfather, Mohandas Gandhi, sue for introducing religion into politics countryside for refusing to accommodate honesty Muslims to share power.
Rajmohan Gandhi's thesis was considerably erudite by Seervai, whose in-depth delving and study on the issue came to the conclusion range Congress, rather than Jinnah, was primarily responsible for Partition infant not accepting parity for Hindus and Muslims and other safeguards for Muslim interests.
Books claim Seervai
- Seervai, Feroza H.
(2005), Evoking H.M. Seervai: Jurist and Potency on the Indian Constitution, Creative Delhi: Universal
"The Seervai Legacy"
Books by Seervai
"Constitutional Law of Bharat, Vol.3, 4th Edition"
"The 1 Future Safeguards & the Habeas Corpus Case: A Criticism"
"The Position of the Judiciary drape the Constitution of India".
"Partition of India: Legend and Reality" (this monologue was included bask in the fourth edition of Seervai's monumental "Constitutional Law of India")