Upendra Baxi

Abstract

This essay engages with Ronald Dworkin’s legal philosophy from an Indian perspective. Baxi reflects on the relevance and limits of Dworkin’s ideas within Indian constitutional practice, emphasizing contextual difference rather than abstract theoretical reception. Published in the International Journal of Constitutional Law Vol. 1 No. 4, pg 557-589.

Abstract Baxi critiques the dilution of legal principles and the "adulteration" of the judicial process through delays, corruption, and political influence. He argues that when justice is "adulterated," the law loses its moral authority and becomes a tool of the powerful. The piece focuses on the "procedural violence" inflicted on litigants who spend decades waiting for a verdict. Baxi calls for a "purification" of the legal order through transparency and accountability. He emphasizes that "purity of...

Abstract

Baxi reviews this work by examining debates on judicial expression and restraint. He reflects on institutional design, judicial independence, and accountability, situating the discussion within broader concerns about constitutional governance and the limits of judicial power. Published in 44 JILI, pg 279-285.

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Published in 59 JILI, pg 200-210.

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This work analyzes the Indian Supreme Court during the 1980s, focusing on its institutional behavior, jurisprudential styles, and internal tensions. Baxi reflects on moments of judicial innovation, conflict, and restraint, situating the Court’s actions within broader political and constitutional developments of the period. Published by N.M. Tripathi, Bombay.

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Published for the Rajya Sabha Secretariat by Orient Blackswan, New Delhi.

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In Journal of the Indian Law Institute Vol. 30 No. 4. pg 501-506

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This essay reflects on the intellectual contributions of Gyan Swaroop Sharma. Baxi situates Sharma’s work within evolving traditions of Indian jurisprudence, emphasizing continuity, critique, and the responsibility of scholars to engage critically with inherited legal ideas. Published by G.S. Sharma Memorial Lecture, National Law School University, Jodhpur: December 14-15.

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Baxi examines debates surrounding judicial activism, questioning whether expanded judicial intervention undermines democracy or revitalizes it. The essay situates activism within constitutional practice, public interest litigation, and institutional legitimacy, resisting simplistic judgments. Published in Social Action, Vol. 47, pg 341-357.

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Published in the Journal of the Bar Council of India, Vol. IX No. 2.