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Tuesday, January 25, 2022

Upendra Baxi

Upendra Baxi

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

Elimination of tax havens is a human rights issue
Tue, Oct 19, 2021

Upendra Baxi writes: The pursuit of human rights and justice cannot merely be matters of state and polity. It affects all citizens of the world. Even hard-nosed economic theorists and CEOs must now accept the sentiment

It is time to end judicial feudalism in India
Tue, Aug 24, 2021

Upendra Baxi writes: No judge is ‘subordinate’ to any other. As constitutional beings, judges are limited in jurisdiction but also supreme within their own jurisdiction.

Why India at 75 is ready for a sedition-less future
Sat, Jul 31, 2021

Upendra Baxi writes: Section 124-A needs to be wholly judicially repealed at the bar of the fundamental human right to free speech

How to protect human rights in the digital era
Wed, Jun 09, 2021

Upendra Baxi writes: Despite the threat of information disorder, human rights-friendly governance is both possible and doable.

Choose people, not profits
Wed, May 12, 2021

When no one is looking, disasters become a means by which the elite prosper at the expense of the poor. To prevent that, states must place humanitarian policy over business as usual.

From right to faith to peace for all
Wed, Mar 17, 2021

India must support Faith for Rights, a UN-led movement which campaigns against incitement to national, racial or religious hatred, and exposes legislative patterns, judicial practices and government policies that undercut peaceful coexistence of different faiths.

MEA’s response to celebrity activism shows that India is new to Twitter diplomacy
Thu, Feb 18, 2021

The MEA’s observation about the Indian “democratic ethos and polity” is indeed high-minded but its global pedagogic role and reach has to extend beyond majoritarian representation to the “miniscule” which dissents from the “multitude”

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.