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Wednesday, January 20, 2021
Upendra Baxi

Upendra Baxi

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

Right to constitutional remedies is the Constitution’s soul. Surely SC is mindful of that
Wed, Nov 25, 2020

Upendra Baxi writes: Scandalous judicial delays, measures of decongestion and diversion, and a bold resolution of “who watches the watchman” syndrome now demand urgent apex response.

Andhra CM letter to CJI alleging wrongdoing by HC is a first. SC must settle matter expeditiously
Mon, Nov 02, 2020

Accountability angels may insist on a thorough probe into the allegation about lands in Amaravati purchased by two daughters of the learned justice before its designation as capital of the new state.

The absence of women: What India can learn from Kenya
Wed, Oct 07, 2020

Asymmetric representation in both societies has generated a long and complex debate concerning women’s representation. But the constitutional histories and judicial action vary.

To be a ‘constant irritant’ to untrammelled power is the very essence of judicial duty
Wed, Sep 16, 2020

In ‘Kesavananda Bharati’ case, Supreme Court redefined the relationship between judiciary, executive and legislature. And set limits — constitutional dismemberment is not allowed in the name of amendment.

Judiciary has great power, including power to punish for contempt. It must use it sparingly, softly.
Tue, Aug 18, 2020

Contempt proceedings must also consider the “effects upon national honour and prestige in the comity of nations”. This enhancement of the chilling effect is worrisome as any and every call for judicial accountability may be thus indicted.

The executive must explain
Sat, Jul 18, 2020

US Supreme Court recently held Trump administration’s move to deny benefits to child immigrants as unlawful -- upholding the principle that executive can't exercise powers arbitrarily or capriciously.

Nations must not ignore principles of existing international law in fight against COVID-19
Fri, Apr 10, 2020

The difference between the United Nations as a site of normative discursivity and as a site of doing global power politics is sadly manifest even now in the accelerated pace of the pandemic.

SC ruling in favour of women officers in Army is pathbreaking, extends arc of equality
Wed, Feb 19, 2020

Article 14 of the Constitution has been pressed into service as prescribing “a right to rationality” that forbids any “blanket” and “absolute” prohibition.

Award of five acres for masjid in Ayodhya is an effort to do complete justice
Tue, Nov 12, 2019

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
Thu, Oct 24, 2019

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
Thu, Sep 26, 2019

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
Mon, Sep 09, 2019

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
Fri, Aug 23, 2019

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
Thu, Jun 06, 2019

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
Sat, Apr 27, 2019

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
Thu, Mar 21, 2019

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
Mon, Dec 24, 2018

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

The Court’s voice
Mon, Dec 17, 2018

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

What we talk about when we talk about crime
Mon, Oct 08, 2018

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
Mon, Jul 16, 2018

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

Restoring trust
Fri, May 18, 2018

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

Fiddling with a WMD
Mon, Apr 23, 2018

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

Rekindling our institutions
Sat, Apr 14, 2018

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

A New Ecology for Education
Sat, Feb 24, 2018

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

When judges dissent
Thu, Jan 18, 2018

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