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Motilal Chimanlal Setalvad was born in 1884. He was an eminent Indian jurist who was the first Attorney General for India. He also holds the record of longest serving Attorney General for India remarkably held office for 13 years. He held the power during the period, 1950 –1963. He has also served the position of First Law Commission of India (1955–1958). Indian government honoured him with Padma Vibhushan, India’s second highest civilian honour in the year 1957 for his significant contributions to Law and Public affairs. His position as the Chairman of the First Law Commission of India has made legal reform in the country.
He was born as the son of eminent barrister, Chimanlal Harilal Setalvad. He practiced in the Bombay High Court in the early 20th century. M.C. Setalvad was born in Mumbai where he completed Bachelor of Law and started practice. He eventually became Advocate General of Bombay and Attorney General for India in 1950, under the leadership of Nehru during the formative period of Indian administration. Radcliffe Tribunal for demarcation of the India -Pakistan border and UN proceedings on Kashmir are his most noted involvements during the period.
In his advocacy years and even later he gained huge support from his wife Vimla Setalvad who opted to be a strong patient pillar rather than an obstruction in his journey to success. Time and again he refused to hold the seat of a judge, in spite of being asked on more than one occasion.
As the first and longest serving attorney general of India, MC Setalvad was in the thick of resolving the nation’s constitutional dilemmas. He appeared for the government in a host of important and, at times, controversial cases. He was also involved with the Radcliffe Tribunal for demarcation of the Indo-Pak border and several UN proceedings on Kashmir, assignments that required the deft touch of a legal eagle and the principles of a man of conviction. He had the rare distinction to represent India in the Radcliffe Commission that demarcated the border between India and West Pakistan.
He chaired the first Law Commission of independent India, in which capacity he not just advised the government on crucial reforms and legislation but also created a framework for the Commissions’ future functioning. He was also a member to the delegation to United Nations General Assembly that questioned the issue of Indian inhabitants in South Africa.
Motilal Chimanlal Setalvad was a true giant, acknowledged as such by his peers, whose exploits in the court are still recounted with much zest in bar rooms and law colleges across the country.
The eldest son of the renowned advocate, Sir Chimanlal Setalvad, MC Setalvad quickly distinguished himself at the bar and gave unequivocal promise of greatness. He had a stentorian voice, but never used it to cow down an opposing counsel. He placed great emphasis on the ethics in the profession but and was merciless against violations, regardless of the stature of the individual. He didn’t tweak his tactics or principles for the forum but strictly adhered to exacting standards. A constitutionalist who was also a pragmatist, his skill in the court is best summarized in Justice Gajendragadkar’s, the then Chief Justice of Allahabad High Court, pithy praise, “Mr. Setalvad who appeared for the Judges of the Allahabad High Court addressed to us a very able argument with his characteristic brevity and lucidity.”
The first Law Commission of independent India was established in 1955 and Setalvad was appointed as First Attorney General of India for a term of 3 years. Commission prepared important reports on issues such as- Parliamentary Legislation in Sales Tax, Liability of the State in Tort, Limitation Act, 1908, Registration Act, 1908, Income tax Act,1922, Contract Act, 1872 etc, he not only advised the government on crucial reforms and legislation but also created a framework for the commission’s future. He was also invited to various seminars and conferences from all across the UN and from other countries. This Commission submitted its last report on 16 September 1958. He advised the government on crucial reforms and legislation and created a framework for the Commissions’ future functioning. In 1971, he had no hesitation in supporting his father’s opinion on alienating the Muslim League.
He was award the Padma Vibhushan in the year 1957.
A real gem in the treasury of India’s lawyers, some of the characteristic qualities include his stentorian voice which was but however he never used it to cow down an opposing counsel.
It is quite telling that anyone familiar with Indian legal profession starting with the Chief Justices of India have, described MC Setalvad only in superlatives with “tallest” and “grand” being particular favorites. For a man whose autobiography reads like the history of modern India and whose name is synonymous with ethics in the profession, the following praise by Justice V. R. Krishna Iyer is but a statement of fact, “… Shri M.C. Setalvad was not merely a great jurist and persuasive advocate of international renown but, most importantly, was one of the tallest figures who set high standards for the Bench and the Bar and, by the very power of his presence, made high professional values operational. Today, when the decline and fall have become deleteriously visible in the two sisters professions, the memory of Setalvad will be a necessary admonition.”
M.C. Setalvad passed away in 1974 aged 90. His son, Atul Setalvad was a Mumbai based lawyer and his daughter-in-law Sita Setalvad, a rural crafts exponent. Teesta Setalvad, a journalist and activist is his granddaughter.
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