Upendra Baxi

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Baxi contrasts people-centered legal reasoning with court-centered doctrine. The essay examines how social movements, public participation, and dissent shape constitutional meaning beyond formal jurisprudence. Published in the Macquarie Law Journal Vol. 14 no. 3, pg 3-23.

Abstract Comparing the legal systems of India and Sri Lanka, Baxi analyzes how both nations handle executive overreach. He notes that while both share a common law heritage, India has used the "Basic Structure Doctrine" more effectively to protect its constitutional identity. Sri Lanka’s history of constitutional turbulence and executive dominance serves as a cautionary tale. The article highlights the importance of an independent judiciary in South Asia, where intense political and ethnic tensions...

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In The Hindu.

Abstract Baxi critiques the Supreme Court’s judgment that allowed the Central Vista project to proceed despite environmental and heritage concerns. He argues that the Court adopted a "hands-off" approach that undervalued the "public trust doctrine" and the principle of "participatory democracy." While the government may have followed the "letter of the law," Baxi suggests the "spirit of the law" required more robust public consultation for a project of such national importance. He warns that judicial...

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In The Indian Express.

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In The Times of India.