Upendra Baxi

The writer is professor of law, University of Warwick,and former vice chancellor of Universities of South Gujarat and Delhi.

Articles By Upendra Baxi

Award of five acres for masjid in Ayodhya is an effort to do complete justice

Ill-informed comments, even by some eminent leaders of the Bar, prevail about the future. They remain ignorant of the fact that Parliament in 1991 enacted the Places of Religious Worship Act.

Trump White House’s attempt to paint impeachment motion as ‘unconstitutional’ goes against the law

The sole power to impeach a president (and other civil officers of the United States) rests with the House and the senate when it finds that the president, among other federal officers, has committed treason, bribery, or other high crimes.

Lessons for India in UK apex court order that upholds democratic accountability of parliament

This was truly a Kesavananda Bharati moment for the British court. But unlike the full Indian court, there was no riot of concurring and dissenting opinions.

Ram Jethmalani brought empathy and passion to every case, every cause he fought for

Ram Jethmalani belonged to many parties and to no one as well, for he was robustly independent in thought and action.

Sexual violence and harassment at workplaces needs Parliament’s attention

ILO convention on the human right to freedom from sexual harassment expands and deepens the rights of working people. The issue needs Parliament’s attention.

Constitution contains a kindred concept of justice, asks a citizen to be responsive to sufferings of co-citizens

It is unnecessary to cite many more features but perhaps it is sufficient to say that ours is not entirely a “liberal” constitutionalism and one needs to appreciate the context of the poignant realities of Indian Partition in which this miraculous document was conceived by far-sighted composite figures.

Prosecution vs Persecution

Looking back, Preet Bharara explores the right, wrong and legally tenuous facets of the law

In election season, let’s talk of access to justice and judicial infrastructure

Access to justice now also means access to judicial infrastructure. The Supreme Court in 2012 has held that “it is the constitutional duty of the government to provide the citizens of the country with judicial infrastructure and means of access to justice”.

A duty great and grave

International law binds Indian state to prevent, punish acts of genocide. As does Article 21 of the Constitution.

The Court’s voice

The Attorney General’s concerns about constitutional morality are misplaced.

What we talk about when we talk about crime

Composite crime figures hide more than they reveal. Disaggregation of the data could further deterrence, aid efficient policing and enable improvements in social policy.

A constitutional renaissance

SC’s Delhi verdict affirms: Constant repair and renewal of constitutionalism is prime function of adjudication

Restoring trust

SC does well to circumscribe Karnataka governor. It must define boundaries of gubernatorial discretion

Fiddling with a WMD

Politics of embarrassment matters more than proposed removal of CJI. No bigger message has emerged

Rekindling our institutions

Any reform of the judicial system will have to come from within the court

A New Ecology for Education

Tackling the old question of what’s ailing Indian universities with solutions that build well on traditional prescriptions for the system

When judges dissent

The ultimate guarantee of fairness as justice lie with the justices themselves

A great betrayal

State impunity continues for acts of torture. Lawmakers and court have not stepped up to their duty

Opening new doors

The Right to Privacy affirms, for the 21st century, the vision of a ‘constitutional renaissance’

Re-arming the law

In the wake of the new violence, the targeted killings bill must be revived and owned by all