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Friday, August 30, 2024

A.G. Noorani: A Pillar of Indian Constitutional Law and Champion of Civil Liberties

By Grace Mubashir, New Age Islam 30 August 2024 Noorani Had Been An Eloquent Advocate Of Civil Liberties And The Rights Of Minorities. He Showed A Particular Concern For The Condition Of Muslims In India, A Community That Has Often Suffered Discrimination And Marginalization. ------- Former Supreme Court Lawyer AG Noorani ------ Introduction Abdul Ghafoor Majeed Noorani, popularly known as A.G. Noorani, was a colossus in Indian legal and intellectual circles. Indeed, an intellect born on September 16, 1930, in the faulty womb of Bombay—now Mumbai. He grew up to be one of India's most respected lawyers, historians, and political commentators. From the outset of his career, he contributed incessantly over many decades to an understanding of constitutional law and civil liberties and the political history of the Indian subcontinent. Noorani died in 2024, but his legacy lives on and will continue to instruct, influence, and inspire generations to come: scholars, lawyers, and activists alike. Early Life and Education A.G. Noorani was born into a family that valued education and intellectual pursuit. Growing up in Bombay exposed him to the socio-political environment, and with the influence of the Indian independence movement, he was able to develop his stand and engender a passion for justice and civil rights. Noorani received his education from some of the premier institutions of India and eventually took a course in law. His academic background provided the necessary platform for him to rise to the position of one of the greatest constitutional lawyers in India. Career as a Lawyer and Constitutional Expert His innings as an advocate are marked by an in-depth understanding of constitutional law and an abiding concern for civil liberties. He has been noted for thorough research, attention to detail, and the clarity and precision with which he unfolds the most intricate legal arguments. Noorani's expertise was not confined to the courtroom; he was a prolific writer whose work appeared in numerous publications, including Frontline, The Hindu, and the Economic and Political Weekly. One of the major contributions of Noorani towards Indian legal discourse has been an analysis of the relationship between the Constitution and the functioning of the state. He was an ardent protector of the principles of the Constitution, very often castigating governmental actions that he perceived ran contrary to those principles. His writings on the Emergency period in India, 1975-1977-a period when civil liberties were severely curtailed-are particularly noteworthy. Noorani never held himself back from speaking against the government of the day, irrespective of the political party at the helm of affairs. His work reflected this commitment to the rule of law. Advocate for Civil Liberties and Minority Rights All his life, Noorani had been an eloquent advocate of civil liberties and the rights of minorities. He showed a particular concern for the condition of Muslims in India, a community that has often suffered discrimination and marginalization. Noorani's work on the Kashmir issue is highly contentious and sensitive, and in it, one recognizes a profound understanding of the complexities involved and great empathy for those suffering as a result of the conflict. Noorani frequently addressed the erosion of civil liberties in India through his writings, especially with regard to the plethora of laws used to suppress dissent and target minority communities. A fierce critic of draconian laws, including the Unlawful Activities (Prevention) Act (UAPA) and the Armed Forces (Special Powers) Act (AFSPA), he repeatedly censured these for being flagrantly misused by the state in human rights violations. Noorani's advocacy was not restricted to the legal commentary, he debated, discussed, and brought forth the voices of those who rarely were heard and more often muffled. Historical Scholarship and Political Commentary Besides his legal contributions, Noorani was also an acclaimed historian. His scholarship on India-Pakistan relations, the Kashmir dispute, and the political history of the Indian subcontinent remain unrivalled to this day. For example, his magnum opus, The Kashmir Dispute, is arguably the most well-documented account of the historical, legal, and political background of the dispute. Noorani's historical scholarship was marked by a fine sense of balance and nuance, even on issues where chasms between different opinions were acute. He castigated the Indian and Pakistani leadership whenever he felt that their moves had pitted them against the interests of the people, especially in Kashmir. Often, his work would challenge the dominant view and provide alternative perspectives that were well-researched and grounded in fact and history. As a political commentator, Noorani was perhaps fearless in speaking truth to power. Never hesitant to take unpopular positions or to criticize powerful persons and institutions, his columns and articles were widely read and respected, many times for proving even those wrong who disagreed with him. Because Noorani's writing is not confined to domestic issues, he has also written extensively on international issues other than South Asian affairs. Legacy and Impact With the death of A.G. Noorani, a vital chapter now closes in Indian intellectual and legal jurisprudence. His output in the realm of law, history, and political analysis became part of the socio-political tradition of the country. The works of Noorani will always help scholars, lawyers, and activists understand the intricacies of Indian constitutional law and the problems in the arena of civil liberties in the country. Noorani's contribution is not only in his writings and the legal work he produced but more so in the values he stood for, namely, justice, fairness, and the protection of individual rights against the overreach of the state. His commitment to these principles, despite substantial opposition, sets an example for others who continue to fight for these ideals. Conclusion A.G. Noorani was a man of phenomenal intellect, great courage, and integrity. He immensely contributed towards the development of Indian law and politics, and his loss will be very dearly felt by all those who cherish justice and the rule of law. Noorani's life and work represent a simple reminder of the price one must pay for civil liberties and the struggle to eradicate injustice. In a nutshell, Noorani's legacy would continue to be a beacon of light to champions committed to the cause of upholding the values of the Constitution in socio-politically configuring India and seeing that the rights of all citizens are protected. ----- A regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance journalist. URL: https://www.newageislam.com/current-affairs/ag--noorani-indian-constitutional-law-civil-liberties/d/133077 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism

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