This article has been written by Oishika Banerji, from Amity Law School, Amity University, Kolkata. It deals with some of the famous jurists a lawyer should know.

Introduction

A dynamic subject by nature, the law remains subjective unless implemented diligently. The job of executing this subject with wide connotations lie in the hands of jurists, lawyers, and legal practitioners. A jurist provides a new meaning to the subjective form of law altogether and therefore, their role in the legal domain is immense and essential. This world has experienced several jurists in the past and the same continues at present and will be in future. Often we do forget their names among worldly chaos but their names are never erased from the book of history for them and their sayings are relevant in present days as well. Often a lawyer comes across a case for which there lies no legal theory and as a consequence, the case continues for decades. During such times what helps are the ideas of these famous jurists that they had applied to keep intact the integrity of the law. 

Famous jurists a lawyer should know about

A jurist is someone who is aware of and renounced in law. This world has seen some of the very famous jurists starting from William Blackstone, John Marshall, Felix Frankfurter, Dr B.R.Ambedkar, Thurgood Marshall, Nani Palkhivala to that of current jurists who have dedicated their lives to the development of the legal system which includes, Ruth Bader Ginsberg, Rosalie Abella, Fali.S.Nariman and the list goes on. Some of them are detailed below:

William Blackstone

An English jurist by profession and a Tory politician,  William Blackstone had a moderate start to his career which made him focus more towards administration within universities. Born in Cheapside, London, Blackstone delivered lectures in universities and initiated the publication of the legal treatise of England named, An Analysis of the Laws of England. This publication was followed by the publication of his second treatise that came to be known as, ‘A Discourse on the Study of the Law’. A successful law professional by them, William Blackstone regained his recognition as a jurist and rejoined the bar. In the process of summarising the entire British law, Blackstone made a logical division of the entire law into four volumes which were named as Right of Persons, Right of Things, Private Wrongs and Public Wrongs respectively. While the first volume was dedicated towards scrutiny of the British government, marriages in the nation, the British Royal Family, the clergies, children of the nation and British corporations, the second volume highlighted the importance of the right associated with the property. Blackstone focused on materialistic rights that an individual should possess. The third volume that deals with private wrongs have gained importance in today’s world as the Law of Torts that governs the civil wrong. The last and the final volume, volume four talks about public wrong. By this Blackstone meant wrong caused to the society affecting people at large. This volume involves offences and remedies for the same and therefore, largely can be known as the branch of criminal law. This came to be available in the form of Commentaries of England. Thus, what can be inferred from these volumes is that Blackstone unknowingly covered all aspects associated with law and thereby provided a sustainable meaning to the divergent subject, law. What Blackstone observed was that law flows through a vertical patch from the superior to that of the inferior where the latter is supposed to abide by the directives of the former. Criticism often arose against this man for providing baseless reasons for formulation of any kind of laws along with having a very vague idea and knowledge about systematic approach towards law. He said that a king who acquires a superior position is incapable of being wrong and therefore, the fact that law can be irrational and baseless at times cannot be denied. He opened the subject to criticism. Although the man did not introduce the concept of separation of powers, he made it common for the public to know and be aware of. William Blackstone was neither an emphasizer of whimsical power nor a liberalizer of the common law. He was rather a proceduralist who focused on the procedural aspect of law along with the concept of due process of law. His works reflect the importance of Parliament in the process of law-making along with public liberty by the promotion of parliamentary sovereignty. 

Earl Warren

A well-known Chief justice of the United States, Earl Warren successfully ruled out several cases that dealt with race, justice issues, and representation. He was one of the chief investigating officers in the case of US President John Kennedy’s assassination. Earl Warren was responsible for advocating the detention of Japanese Americans based in California during the time of the Second World War. After winning the governorship in the year 1942, he ruled for consecutively three years with a thought that was socially progressive by nature. Some of his great and essential deeds included a reduction in tax, creation of an emergency fund for the State, using a reasonable amount of the country’s economy in the development of fields like education and health. After getting the legislative approval, a politician by profession, Earl Warren succeeded to become the Chief Justice of the Supreme Court of the United States. Often considered to be a judicial activist, Warren during his term as the Chief Justice, brought in rapid changes in various fields, notable being, equal protection provided in the nation, enforcement of legal provisions. It was in the case of Brown v. Board of Education, Earl Warren ended the long-existing school segregation in terms of racial discrimination by the court’s decision declaring it to be unconstitutional by nature. Thus, there came an equal opportunity in terms of education in the United States. The decision made in the case of Plessy v. Ferguson that legalised the existence of racial discrimination was overturned in this case and the role of warren in deciding the same became remarkable for ages to come. A significant change was introduced by Warren in the criminal jurisprudence of the United States.  It was in the case of Mapp v. Ohio where the court ruled that if evidence brought to the court was found to be illegal by nature then the same would not be subject to consideration. It was again in the case of Miranda v. Arizona where the Warren Court declared that any offender before being subject to police inquiry should be informed about the constitutional rights that he or she possesses to that of an attorney. In this case, the plaintiff did not receive such a treatment before being interrogated by the police. Chief Justice Warren was also a supporter of civil and political rights along with the right to vote without any restrictions. In a famous case called Loving v. Virginia, Warren Court upholds the existing anti-miscegenation laws thereby putting a  ban on the interracial marriages in the State. The laws were held to be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. What can be inferred by the above sayings is that Earl Warren did justice to his profession as a Jurist by taking affirmative actions whenever there was a requirement by the State. He was indeed a man to be remembered whenever there arose discussions regarding jurists.

B. R. Ambedkar

The artist of the Indian Constitution, Dr Bhim Rao Ambedkar was an expert of several disciplines and law was one among many. An independent India required a well-structured framework that would be strong enough to bind and unite the diverse nation together. A man who dedicated his life towards the removal of social issues, untouchability being one of them was also equally responsible for bringing development in the economic and political world. The hurdles in the form of poverty, economic suffering, weaker caste, a family to support were nothing more than the dreams, courage, knowledge, willingness of this eminent contributor hailing from India. Ambedkar was a social leader who aimed to remove the caste system completely from India. Being one of the forefathers of the Indian Constitution, Ambedkar highlighted on the sufferings of the backward classes or the minorities for he himself hailed from a Dalit community. He believed that true independence can only be achieved if caste can be removed from India completely. This was also highlighted by him when the debate as to the enforcement of the Uniform Civil Code arose while giving a shape to the Constitution. The Uniform Civil Code aims towards bringing one law for people hailing from all religions across India to bring in uniformity in the legal system. Unfortunately, the scope of the Uniform Civil Code has been restricted to debates and discussions only. The Indian Constitution mentions uniform Civil Code under Article 44 of the Indian Constitution. In 1926, Ambedkar encountered two briefs. One was associated with the book of Dinkarao Jawalkar named Deshanche Dushman where he gave answers to critics associated with the works of a social reformer, Jotirao Phule. The critics came from a group of brahmins. Further Mahatma Gandhi was referred to as a more efficient alternative to Bal Gangadhar Tilak in this book. This case famously gained the name of Enemies of the Country. Ambedkar won the case on grounds of prejudice that was present in the judgement of the case. This case was indeed a battle between the brahmins and the non-brahmins of the society. The other brief was about Philip Sprat’s book called India and China which was aiming to spread waves of communalism in India. This was also won by Ambedkar. In 1933 it was the case of Raghunath Dhondo Karve who was the editor of a then well-known magazine called ‘Region’ that was pleaded by Dr Ambedkar. The editor in the case was charged with spreading vulgarity and obscene news.  Ambedkar argued in favour of Karve saying that it is a perception that decides a content to be vulgar by nature or not and not the material that is within its ambit. Although with this argument he lost the case his arguments reflected the amount of knowledge he had towards discussing any matter in front of him. It was this quality that made me decide the foundation of the Indian constitution that is an amalgamation of constitutions across the globe with an Indian perspective. Being a member of the Viceroy’s Executive Council, he worked with all his dedication towards the welfare of labourers. Along with being a dedicated litigant, Ambedkar also gained recognition as a professor of law with his revolutionary thought process towards law. The first law minister of independent India, Dr Ambedkar was appointed under the Jawaharlal Nehru government initiated passing of several bills related to deprived and weaker sections of the society under his office. Being appointed as the chairman of the Drafting committee during the formulation of the Indian constitution, Ambedkar became a strong backbone for the formulation of the longest constitution of the world, the Constitution of India, 1950. Dr B.R.Ambedkar always wanted the Indian citizens to think beyond the narrow domestic wall of caste and religion. The Constitution that India has now, consisted of provisions like Article 14, Article 15, Article 17, Article 19 which adds to the very essence of the Constitution. India has indeed been fortunate enough to be a part of Ambedkar’s excessive knowledge and potential. What Ambedkar had aimed to bring was equality among equals and elimination of caste system completely from all strata of the society. Although we have not been very successful in that process, the fact that we have tried to follow and apply the relevance of this great jurist should not be ignored.

Nanabhai Palkhivala

An example of many praiseworthy traits, Nanabhai Palkhivala or Nani Palkhivala as commonly known as was one of the prominent jurists India has ever experienced. A defender of constitutional liberties, a torch-bearer of human rights, the name of Nani Palkhivala became a household one for lawyers as well as across the country. Although he had no godfathers in his profession, Nani Palkhivala had a good fortune which helped him to join the chambers of  Sir Jamshedji Kanga in Bombay during 1944. Nani Palkhivala gained recognition in one of the Bombay High Court cases named Abdul Majid v. P.R. Nayak where challenged arose questioning the validity of the Administration of Evacuee Property Act, 1950 and the Bombay Land Requisition Act, 1948 which were ultimately repealed by the Bombay High Court. Nani Palkhivala, a specialist in tax laws, contributed immensely towards the development of the evolving nature of constitutional jurisprudence. It was the case of The State Of Bombay v. Bombay Education Society which Palkhivala fought with diligence for it involved the interpretation of Article 29(2) and Article 30 of the Indian Constitution on the background of an issue raised surrounding a circular that was issued by Maharashtra. The circular limited the usage of the English language as a medium of communication in school and restricted the same to only Anglo-Indian students. Nani Palkhivala won the case by his arguments and understanding capability. A man who fought a number of cases throughout his professional career will always be well-known and remembered for his views and contribution in the famous case of Kesavananda Bharati v. The State of Kerala. The case which revolved around the right towards a property that involved Swami Kesavananda Bharati, the owner of a Hindu mutt in Kasargod district, Kerala and the provincial government over the rights involved in the management of the concerned property was held to be infringing the fundamental right of an individual under Article 26 of the Indian Constitution. The bench which comprised 13 judges held that the basic structure of the Constitution cannot be subject to amendment. The case gave rise to the doctrine of basic structure and the fundamental rights as the basic feature of the Constitution. The decision was made under Article 368 of the Constitution which enabled the right to amend any part of the Constitution except the basic structure. Through this judgement, Nani Palkhivala became responsible for safeguarding the Constitution of the democratic country. Further, when it came to the Indira Gandhi’s government proclaiming emergency, Nani Palkhivala’s role in the case of Indira Nehru Gandhi v. Shri Raj Narain & Anr stood relevant as he challenged the proclamation of the same along with the suspension of the fundamental rights laid down by the Constitution of India. A man who always believed and followed the path towards righteousness gained success in another famously recognised case named Bennett Coleman & Co. v. Union of India where Nani acted as a defence for Times of India from being subject to government’s harassment along with which he also defended the fundamental right to free speech and expression as enshrined under Article 19(1)(a) of the Indian Constitution. Thus, throughout his life, he dedicated himself totally in holding the integrity of our very own Constitution. His arguments are relevant till today and will also be in future. He will always remain one of the famous jurists India was blessed to have with him.

Albert Venn Dicey 

A British jurist, Dicey’s notable work called the Lectures Introductory to the Study of the Law of the Constitution plays an integral part in Britain’s Constitution. Dicey argued regarding the existing impartiality of the courts. This initiated Dicey to work towards resolving the same. It was in Dicey’s book called the Introduction to the Study of the Law of the Constitution where he first introduced the concept of rule of law. After that, the rule of law became an important principle based on which a lot of Constitutions around the world were brought up. The concept of rule of law is based on the concept that law is supreme by nature and no man can be above law. The rule of law as Dicey thought will be the basic doctrine to hold Parliamentary integrity. Dicey presented with three aspects of the rule of law which are:

1. No man can be made to suffer lawfully unless they have violated the same law that can be proved under reasonable grounds.
2. Rule of law also represents equality before the law and therefore no man can be treated above law. 
3. The principles underlying the Constitution are the outcome of the ordinary law of the land.

Thus, these three connotations govern the principles of rule of law and make the working of the same effect. This concept introduced by Dicey has also brought in a lot of debates and discussions as well. It was in the case of Serdar Mohammed v. Ministry of Defence where the confusion as to whether to apply rule of law in every case or not arose. The doubt as to whether the relevance of rule of law still exists after the coming of the European Convention of Human Rights for if the former existed then there would arise a conflict with Article 5 of the convention.

Dicey was one such scholar and jurist who provided law with the highest amount of preference in the society. He was of the opinion the establishment of the rule of law is not possible if laws itself were imperfect in nature. Thus, before implementing the rule of law, it is necessary to be aware of the existing laws of the society. Along with being a famous jurist, Dicey was also keen towards professing laws which he did in various universities. The contribution by this great man cannot be forgotten for his principles have now provided meaning and essence to several Constitution across the globe.

Ram Jethmalani 

Apart from the above jurists that have been mentioned, there are many others who need to be discussed. Another former jurist who requires recognition is Ram Jethmalani. A well-known criminal jurist by profession, Ram Jethmalani is well-known for the case of K. M. Nanavati v. State Of Maharashtra that he carried out with former Chief justice Chandrachud appearing for the procedure for prosecution for the naval officer, Kawas Nanavati who was held for the murder of his wife’s lover Prem Ahuja. Although Ram Jethmalani was responsible for defending several smugglers, he was always firm with the decision that he was executing his duty towards the holy profession. Although there were failures in his profession for he was viewed negatively by the environment for his association with several individuals who were responsible for the assassination of many recognised dignitaries of the nation, Ram Jethmalani cannot be forgotten when it comes to the victorious win by defending a Delhi University lecturer named Syed Abdul Rahman Geelani, who was suspected of being a part of the 2001 Parliament attacks carried out by the Jaish-e-Mohammad. He also came to defend former Chief Minister of the state of Tamil Nadu, J. Jayalalithaa in a series of corruption cases she was associated with. Mr Jethmalani stands relevant for the fact that he was honest towards the way he took cases and successfully conducted them. He was honest to his profession and was a true believer of remedying injustice. There were several decisions that were taken by him which several distinguished lawyers would think twice to pronounce. This proved that he was indeed a fearless jurist. 

John Marshall

The jurists mentioned above are all educated, highly skilled, and qualified individuals to be the practitioner of law. John Marshall is one such individual who is remembered as a famous jurist with an infamously educational background. An individual who got an idea about law by just learning it for six weeks derived most of his career in law by means of experience and understanding. It was in 1780, that John Marshall began studying law in the process of attending lectures named as Judge George Wythe’s lectures which used to take place at College of William & Mary in Williamsburg, Virginia. This was the mode of formal education that was received by Marshall. John Marshall is the appropriate example of the fact that law is more of a practical subject than being theoretical. A former Chief Justice of the Supreme Court of the United States, John Marshall began his career in law by being a magistrate of the Richmond Hustings Court. The only activity he used to do was to preside over cases related to civil and criminal matters. It was through this position that Marshall started getting recognition in the legal field. A champion of constitutional law in his States, John Marshall was one of the powerful advocates responsible for replacing the Articles of the confederation with that of the Constitution. Marshall successfully made the court to be a prestigious and a correlated branch of the government. He aimed towards making the federal system one of the strongest for the ages to come. Whatever decisions he made and the judgments he passed were all done keeping into consideration the generations to come. The meaning of the Constitution that was existing was known to him very well and he was accustomed and aware of the realities. Exercising of judicial review was common in every decision he made. His way of pronouncing judgement was all made with a wide connotation. The famous case that remains relevant and will keep on being so is the case of Marbury v. Madison established the principle of Judicial Review in the United States and provided authority to the nation to keep a check on any kind of law being promulgated. The case has been relevant since time immemorial in a commonly studied branch of law called the administrative law. Further, it was the case of McCulloch v. Maryland where a conflict between paying of tax arose between a new national bank that was built up in the State of Maryland and the State itself where the State demanded tax and the bank refused to fulfil the same. The State claimed that the Constitution did not provide any provision for the opening of the national bank under the federal government hence the bank was liable for payment of tax. Marshall ruled putting the bank in favour claiming that although there existed no constitutional provision for the opening of banks, the essential, and requisite clause of the Constitution did permit hence the bank was not eligible to pay any tax to the State. Through these cases what can be seen is that Marshall’s aim to always maintain the integrity and essence of the Constitution of the nation stood successful and he was indeed a recognised jurist for his strategy and judgemental skills.

Conclusion

Jurists play a necessary role in executing the laws necessary for the regulation of the country. Their courage, strength, strategy, and style of arguments provide meaning to the laws that are existing. For any jurist, the major concern to fulfil their profession successfully is by remedying injustice by providing justice to each and every individual in the nation. Critics for every courageous work exists in any kind of profession so does in this profession of law. They are necessary for they encourage the jurists more to deliver to the nation. The profession of establishing justice is not an easy one. For any jurist deciding or defending any party in concern is difficult for along with provisioning of justice a lot of other factors are associated with the same like social, economic, emotional aspects to name a few. In every age, the nation would require jurists to make the nation function and hence, they are always a source of inspiration and a model for any younger person adopting the profession.

References

• https://www.britannica.com/biography/William-Blackstone/Legacy
• https://www.anzela.edu.au/assets/anzjle_5.2_-_4_albert_s_miles,_david_l_dagley__christina_h_yau.pdf
• https://www.britannica.com/biography/Earl-Warren
• https://www.biography.com/political-figure/earl-warren
• https://www.mtsu.edu/first-amendment/article/1370/earl-warren
• https://www.barandbench.com/columns/remembering-ambedkar-as-a-lawyer
• https://www.forwardpress.in/2017/07/ambedkar-a-jurist-with-no-equals/
• https://timesofindia.indiatimes.com/blogs/straight-candid/nani-palkhivala-gods-gift-to-india/
• http://www.supremecourtcases.com/index2.php?option=com_content&itemid=1&do_pdf=1&id=670
• https://www.youthkiawaaz.com/2020/01/the-man-who-grew-up-with-the-constitution-100-years-of-nani-palkhivala/
• https://www.hindustantimes.com/india-news/ram-jethmalani-a-look-at-his-most-famous-cases/story-oo0WbuIFPZ7kJtovkmoyRM.html
• https://www.newindianexpress.com/specials/2019/sep/08/12-unforgettable-ram-jethmalani-memories-the-man-who-was-more-than-the-defender-of-the-wrong-bapu-2030711.html
• https://www.history.com/topics/us-government/john-marshall
• https://www.britannica.com/biography/John-Marshall

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