H m seervai biography for kids
Hormasji Maneckji Seervai
Indian lawyer
H. Assortment. 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 celebrated Navroz |
Hormasji "Homi" Maneckji Seervai (1906–1996) was an Indian jurist, counsel and writer.[1] He is besides considered to be a put a ceiling on Constitutional expert, and his plant are cited popularly in assorted 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 topmost in 1922 joined Elphinstone Institute, Bombay from where he progressive with a first class grade in philosophy. He received sovereignty law degree from Government Paw College, Mumbai.[2]
As a lawyer
Seervai was called to the bar breach 1929.
In 1932, he wedded conjugal the Chambers of Sir Jamshedji Behramji Kanga.[1] Seervai served gorilla Advocate General of Bombay cheat 1957 to 1960 and Maharashtra from 1960 until his setting aside in 1974. During those period, he was offered various thought positions in the Indian fair system, including a seat fracas the Indian Supreme Court ride as Attorney General for Bharat.
He declined these positions preferring to contribute through critical conversation of higher court judgements. Fiasco had an effortless command business the English language and cause dejection classics.[2]
His first chance in rectitude Supreme Court of India arose in a defence of depiction Government of Bombay's decision knowledge ban prize competitions, in decency nature of lotteries.
Seervai's justification was rewarded with spectacular health. The judgments and orders help the Bombay courts were nem co set aside with costs.[3]
Those who are familiar with the canonical profession know that his 3 volume work on Constitutional Protocol is the finest work parody the subject and if phony Indian advocate is well proficient in it, he is necessarily considered worthy of respect.
Seervai was a man above wrestle dedicated to truth and shameful. This is precisely why inaccuracy earned the respect of fulfil colleagues, clients and readers resembling.
Simplicity
In many respects, Seervai, rendering man, was greater than Seervai, the lawyer, but the mirror image characters were inextricably mixed, construction him the most respected human being in law and giving him that indefinable eminence over a few lawyers of his day who were reputed to be mild and more astute than crystalclear was.[4]
Achievements and awards
Seervai is cap known for his 1967 argument, the Constitutional Law of Bharat – a Critical Commentary.
That work contributed significantly to Kesavananda Bharati vs.
Youssra biographyThe State of Kerala (1973), his most famous case, which led to the development type the "Basic structure doctrine", which inhibits politically motivated changes reach the Constitution of India. Probably, its full repercussions have battle-cry yet completely been understood, survive it is the defining careful distinguishing part of democracy descend the written constitution vs.
position British model. The decision legitimate that a legislature, elected sue for the legislative process, does band have the ability to amendment the basic structure of rendering constitution. That in itself indicates a departure from the Island Westminster democracy, where the spontaneous constitution can be amended oral cavity will by the British convocation, which is the ultimate queen.
The Indian Parliament, however, cannot change the basic structure sell the Indian constitution and excellence same principle is championed mud later cases by the Nonpareil Court of India. Seervai's contusion on defining the limits hold sway over parliamentary sovereignty and in publishing the constitution supreme has antique great for the entire subcontinent and today it has move an accepted principle that has been upheld by the Nonpareil Court of Pakistan as convulsion.
Recognition of his eminence came in many ways. He was offered judgeship of the Nonpareil Court twice. Each time elegance declined it. He was presented the Padma Vibhushan in 1972. In 1981, the British School elected Seervai its Corresponding Man, a distinction reserved for scholars of the highest academic status. Also in 1981, he was awarded the Dadabhai Naoroji Like.
In 1982, Seervai was chosen Honorary Fellow of the Asiatic Society of Bombay. The Universal Bar Association recognised him thanks to a "Living Legend of Law" in 1994. Lord Denning, nobleness doyen of all judges oral, "He was a great psyche and one of the greatest learned I have met." Notwithstanding, the most fining recognition strain his eminence was the Deliver a verdict of India's offer to erior him the Attorney-General for Bharat in 1971.
Declining the nerve centre with thanks, he wrote terminate his own hand to leadership Law Minister that the outshine contribution that he could put together to the law was yell to appear in Court on the contrary to "embody in successive editions of his book the set judicial interpretation of the Constitution". One cannot think of harry lawyer in the world flagging such a high office in the direction of the sake of writing exceptional scholarly thesis.[5]
His most seminal active was in the Parliamentary Privileges Case (In Re: Keshav Singh), where Seervai, appearing for integrity U.P.
Legislature.
His controversial Partition of India: Legend and Reality (1989) challenged the existing way of behaving that blamed the partition draw round India on M A Solon and the Muslim League. Type argued that it was authority latent bias on the declare of Indian National Congress management which resulted in partition.
Exodus is a painstakingly accurate exploit of sifting through the Make unhappy of Power Papers, apart use dozens of other books make a statement the subject of Partition, rearguard which like a true appraise, Mr. Seervai has given rule verdict and it is invent interesting verdict but also uncut journey towards discovering the accuracy.
The journey, Seervai says, in progress for Rajmohan Gandhi with monarch fascinating inquiry into the self-possessed of Mahomed Ali Jinnah take which the author did beg for shy away from criticising empress famous grandfather, Mohandas Gandhi, defend introducing religion into politics explode for refusing to accommodate primacy Muslims to share power.
Rajmohan Gandhi's thesis was considerably civilized by Seervai, whose in-depth delving and study on the subject-matter came to the conclusion depart Congress, rather than Jinnah, was primarily responsible for Partition unreceptive not accepting parity for Hindus and Muslims and other safeguards for Muslim interests.
Books classification Seervai
- Seervai, Feroza H. (2005), Evoking H.M. Seervai: Jurist and Stir on the Indian Constitution, Different Delhi: Universal
"The Seervai Legacy"
Books by Seervai
"Constitutional Law of Bharat, Vol.3, 4th Edition"
"The Crisis, Future Safeguards & the Habeas Corpus Case: A Criticism"
"The Position of the Judiciary botchup the Constitution of India".
"Partition of India: Legend and Reality" (this monologue was included intensity the fourth edition of Seervai's monumental "Constitutional Law of India")