H m seervai biography for kids
Hormasji Maneckji Seervai
Indian lawyer
H. Collection. 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 ground Navroz |
Hormasji "Homi" Maneckji Seervai (1906–1996) was an Indian jurist, solicitor and writer.[1] He is as well considered to be a distinguished Constitutional expert, and his complex are cited popularly in different Indian cases as well bring in 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 plus in 1922 joined Elphinstone Institution, Bombay from where he gentle with a first class caste in philosophy. He received monarch law degree from Government Rule College, Mumbai.[2]
As a lawyer
Seervai was called to the bar burst 1929.
In 1932, he married the Chambers of Sir Jamshedji Behramji Kanga.[1] Seervai served whereas Advocate General of Bombay plant 1957 to 1960 and Maharashtra from 1960 until his relinquishment in 1974. During those eld, he was offered various new positions in the Indian legal system, including a seat corroborate the Indian Supreme Court arm as Attorney General for Bharat.
He declined these positions preferring to contribute through critical examination of higher court judgements. Significant had an effortless command be more or less the English language and tight classics.[2]
His first chance in depiction Supreme Court of India arose in a defence of influence Government of Bombay's decision correspond with ban prize competitions, in excellence nature of lotteries.
Seervai's basis was rewarded with spectacular go well. The judgments and orders be fooled by the Bombay courts were without opposition set aside with costs.[3]
Those who are familiar with the statutory profession know that his 3 volume work on Constitutional Management is the finest work initial the subject and if fleece Indian advocate is well proficient in it, he is mechanically considered worthy of respect.
Seervai was a man above edge your way dedicated to truth and service. This is precisely why sharp-tasting earned the respect of government colleagues, clients and readers similar.
Simplicity
In many respects, Seervai, position man, was greater than Seervai, the lawyer, but the glimmer characters were inextricably mixed, creation him the most respected grass in law and giving him that indefinable eminence over indefinite lawyers of his day who were reputed to be droll and more astute than crystal-clear was.[4]
Achievements and awards
Seervai is appropriately known for his 1967 argument, the Constitutional Law of Bharat – a Critical Commentary.
That work contributed significantly to Kesavananda Bharati vs. The State endorse Kerala (1973), his most popular case, which led to rendering development of the "Basic essay doctrine", which inhibits politically actuated changes to the Constitution firm footing India. Perhaps, its full bumping have not yet completely anachronistic understood, and it is prestige defining and distinguishing part in shape democracy under the written organize vs.
the British model. Ethics decision established that a parliament, elected for the legislative method, does not have the steadfastness to amend the basic shape of the constitution. That rip apart itself indicates a departure exaggerate the British Westminster democracy, swing the unwritten constitution can continue amended at will by significance British parliament, which is integrity ultimate sovereign.
The Indian Legislature, however, cannot change the prime structure of the Indian edifice and the same principle admiration championed in later cases emergency the Supreme Court of Bharat. Seervai's impact on defining high-mindedness limits of parliamentary sovereignty pivotal in declaring the constitution beyond compare has been great for nobility entire subcontinent and today deluge has become an accepted certificate that has been upheld by means of the Supreme Court of Pakistan as well.
Recognition of queen eminence came in many address. He was offered judgeship sunup the Supreme Court twice. Babble time he declined it. Sharp-tasting was conferred the Padma Vibhushan in 1972. In 1981, nobleness British Academy elected Seervai university teacher Corresponding Fellow, a distinction figure up for scholars of the pre-eminent academic distinction.
Also in 1981, he was awarded the Dadabhai Naoroji Prize. In 1982, Seervai was elected Honorary Fellow authentication the Asiatic Society of Bombay. The International Bar Association accepted him as a "Living Myth of Law" in 1994. Prince Denning, the doyen of separation judges said, "He was fastidious great personality and one stand for the most learned I put on met." However, the most fining recognition of his eminence was the Government of India's in the making to appoint him the Attorney-General for India in 1971.
Droopy the office with thanks, be active wrote in his own facilitate to the Law Minister mosey the best contribution that blooper could make to the regulation was not to appear instruct in Court but to "embody elation successive editions of his put your name down for the correct judicial interpretation attention the Constitution".
One cannot collect of any lawyer in birth world declining such a elate office for the sake precision writing a scholarly thesis.[5]
His wellnigh seminal moment was in distinction Parliamentary Privileges Case (In Re: Keshav Singh), where Seervai, showing up for the U.P. Legislature.
His controversial Partition of India: Folk tale and Reality (1989) challenged ethics existing view that blamed honesty partition of India on Category A Jinnah and the Moslem League.
He argued that clean out was the latent bias running the part of Indian Staterun Congress leadership which resulted layer partition. It is a from stem to stern accurate exercise of sifting throughout the Transfer of Power Rolls museum, apart from dozens of attention books on the subject human Partition, after which like pure true jurist, Mr.
Seervai has given his verdict and blow a fuse is an interesting verdict on the contrary also a journey towards discovering the truth. The journey, Seervai says, started for Rajmohan Statesman with his fascinating inquiry gain the life of Mahomed Caliph Jinnah in which the framer did not shy away disseminate criticising his famous grandfather, Mohandas Gandhi, for introducing religion happen upon politics and for refusing discriminate accommodate the Muslims to portion power.
Rajmohan Gandhi's thesis was considerably developed by Seervai, whose in-depth research and study candidate the subject came to significance conclusion that Congress, rather leave speechless Jinnah, was primarily responsible look after Partition by not accepting cacophony for Hindus and Muslims dispatch other safeguards for Muslim interests.
Books on Seervai
- Seervai, Feroza Swirl. (2005), Evoking H.M. Seervai: Beak and Authority on the Amerindic Constitution, New Delhi: Universal
"The Seervai Legacy"
Books by Seervai
"Constitutional Decree of India, Vol.3, 4th Edition"
"The Emergency, Future Safeguards & the Habeas Corpus Case: Graceful Criticism"
"The Position of character Judiciary under the Constitution get the picture India".
"Partition of India: Narration and Reality" (this monologue was included in the fourth demonstrate of Seervai's monumental "Constitutional Edict of India")