Soli Jehangir Sorabjee,
AM (9 March 193030 April 2021) was an Indian jurist who served as
Attorney-General for India
The Attorney General for India is the Indian government's chief legal advisor, and is its chief advocate in the courts. They are appointed by the President of India at the instance of the Union Cabinet under Article 76(1) of the Constitution an ...
from 1989 to 1990, and again from 1998 to 2004. In 2002, he received the
Padma Vibhushan
The Padma Vibhushan ("Lotus Decoration") is the second-highest civilian award of the Republic of India, after the Bharat Ratna. Instituted on 2 January 1954, the award is given for "exceptional and distinguished service". All persons without ...
for his defence of the freedom of expression and the protection of human rights.
Early life
Soli Jehangir Sorabjee was born on 9 March 1930 in
Bombay
Mumbai (, ; also known as Bombay — the official name until 1995) is the capital city of the Indian state of Maharashtra and the '' de facto'' financial centre of India. According to the United Nations, as of 2018, Mumbai is the sec ...
to a Bahai family.
He studied at Bharda New High School, Mumbai and
St. Xavier's College, Mumbai and
Government Law College, Mumbai, and was admitted to the bar in 1953.
At Government Law College, he was awarded the Kinloch Forbes Gold Medal in
Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Jus ...
and
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
(1952).
Career
In 1971, Sorabjee was designated a senior advocate of the
Bombay High Court
The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai (formerly known as Bombay), and is one of the ...
. He served as
Solicitor-General of India from 1977 to 1980. He was appointed
Attorney-General for India
The Attorney General for India is the Indian government's chief legal advisor, and is its chief advocate in the courts. They are appointed by the President of India at the instance of the Union Cabinet under Article 76(1) of the Constitution an ...
on 9 December 1989 up to 2 December 1990, and then again on 7 April 1998, a post he held until 2004.
In March 2002, Soli Sorabjee received the
Padma Vibhushan
The Padma Vibhushan ("Lotus Decoration") is the second-highest civilian award of the Republic of India, after the Bharat Ratna. Instituted on 2 January 1954, the award is given for "exceptional and distinguished service". All persons without ...
for his defence of the freedom of expression and the protection of human rights. During
The Emergency (1975-1977), Sorabjee provided legal services to political prisoners.
He later worked on the
Citizen's Justice Committee
Citizen's Justice Committee (commonly known as CJC) is an Indian umbrella organization of various human rights organizations and is known for ''pro bono'' representing the 1984 anti-Sikh riots victims in their legal battle to gain justice.
Form ...
which represented the
1984 anti-Sikh riots
The 1984 Anti-Sikh Riots, also known as the 1984 Sikh Massacre, was a series of organised pogroms against Sikhs in India following the assassination of Indira Gandhi by her Sikh bodyguards. Government estimates project that about 2,800 Sikhs ...
victims ''
pro bono''.
In March 2006 he was appointed an honorary member of the
Order of Australia
The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Go ...
(AM), "for service to Australia-India bilateral legal relations".
Sorabjee was involved in several precedent-setting cases concerning the interpretation of the
Constitution of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ...
. Sorabjee and
Fali Nariman assisted the petitioner's counsel in ''
Kesavananda Bharati v. State of Kerala
Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970), also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doc ...
'', which restricted Parliament from altering the "basic structure" of the Constitution. As Solicitor-General, he was a member of the government's legal delegation in ''
Maneka Gandhi v Union of India'', which held that Article 21 of the Constitution promulgated the right of personal liberty. He was also involved in ''
S. R. Bommai v. Union of India'', which imposed restrictions on
President's rule,
and ''
I.R. Coelho v. State of Tamil Nadu'', which held that laws passed under the Ninth Schedule of the Constitution are not exempt from
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incom ...
. He appeared in the case of ''
B.P. Singhal v. Union of India'', in which the Supreme Court held that
state governors could not be dismissed without due cause. He aided the petitioner in ''
Shreya Singhal v. Union of India'', which targeted restrictions on online speech in the
Information Technology Act, 2000
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce
E-co ...
.
Offices
He was the chairman of
Transparency International
Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil ...
and Convenor of the
Minority Rights Group. He served as
Special Rapporteur to
Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of G ...
for the
United Nations Human Rights Commission in 1997, and as a member of the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
Subcommission on Prevention of Discrimination and Protection of Minorities from 1998 onwards. Sorabjee served as member of the
Permanent Court of Arbitration
The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that aris ...
at
The Hague
The Hague ( ; nl, Den Haag or ) is a list of cities in the Netherlands by province, city and municipalities of the Netherlands, municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's ad ...
from 2000 to 2006.
Soli J. Sorabjee was vice-president of the
Commonwealth Lawyers Association
The Commonwealth Lawyers Association (CLA) is an organisation of lawyers, law societies and bar associations across the Commonwealth of Nations.
The association hosts a conference in a member nation of the commonwealth biennially.
History
...
and a member of the Committee on Arms Control and Disarmament Law of the
International Law Association
The International Law Association (ILA) is a non-profit organisation based in Great Britain that — according to its constitution — promotes "the study, clarification and development of international law" and "the furtherance of international ...
.
Personal life
Sorabjee was a close friend and colleague of
Nanabhoy Palkhivala
Nani Ardeshir Palkhivala (16 January 1920 – 11 December 2002) was an Indian jurist and liberal economist.
Early years
Nani Palkhivala was born in 1920 in Bombay in what was then the Bombay Presidency. His family name derives from the pro ...
. Sorabjee's daughter,
Zia Mody
Zia Mody (born 19 July 1956) is an Indian corporate lawyer and businesswoman. Zia is the daughter of Soli Sorabjee, a former Attorney General of India.
A founding partner of AZB & Partners, one of India's leading law firms, Zia is one of I ...
, is also a lawyer and partner at AZB & Partners.
Zia Mody is the author of the book ''10 Judgements that Changed India''. Sorabjee is also survived by three sons—Jehangir, a doctor, Hormazd Sorabjee, editor of the Autocar India magazine and Jamshed.
—and seven grandchildren named Niki, Ardeshir, Raian, Maya, Anjali, Aarti, and Aditi.
Sorabjee was the first president of the
Jazz
Jazz is a music genre that originated in the African-American communities of New Orleans, Louisiana in the late 19th and early 20th centuries, with its roots in blues and ragtime. Since the 1920s Jazz Age, it has been recognized as a majo ...
India Association. He played the
clarinet; his favourite artists included
Benny Goodman
Benjamin David Goodman (May 30, 1909 – June 13, 1986) was an American clarinetist and bandleader known as the "King of Swing".
From 1936 until the mid-1940s, Goodman led one of the most popular swing big bands in the United States. His conce ...
and
Dizzy Gillespie.
He died of
COVID-19
Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was identified in Wuhan, China, in December 2019. The disease quickl ...
, on 30 April 2021 in a private hospital in
Delhi
Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, primarily its western or right bank, Delhi shares borders wi ...
where he was undergoing treatment.
Publications
Books
*
*
*
*
Essays and monographs
*
*
*
Articles
*
*
*
He also wrote columns for the
Indian Express
''The Indian Express'' is an English-language Indian daily newspaper founded in 1932. It is published in Mumbai by the Indian Express Group. In 1999, eight years after the group's founder Ramnath Goenka's death in 1991, the group was split b ...
.
Awards
*
Kinloch Forbes Gold Medal in Roman Law and Jurisprudence Kinloch can refer to:
People
* Kinloch Baronets
* Billy Kinloch (1874–1931), American baseball player
* Bobby Kinloch (1935–2014), Scottish football player
* Bruce Kinloch, author
* Sir Francis Kinloch, 3rd Baronet (1676–1747), scion of ...
, 1952
*
Padma Vibhushan
The Padma Vibhushan ("Lotus Decoration") is the second-highest civilian award of the Republic of India, after the Bharat Ratna. Instituted on 2 January 1954, the award is given for "exceptional and distinguished service". All persons without ...
, March 2002
*