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Upendra Baxi

 Person

Staff Only

Found in 701 Collections and/or Records:

Judicial Activism: Usurpation or Re-democratization?, 1997

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Identifier: UB-005-01-01-83
Abstract

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.

Dates: Publication: 1997
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Published Academic Articles

“Judicial Autonomy: Extending the Tenure of Judges”, 7 July 1997

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Identifier: UB-005-01-06-27
Abstract

In The Times of India.

Dates: Publication: 7 July 1997
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Newspaper Articles

“Judicial CoGovernance Through Interim Orders”, 12 September 2020

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Identifier: UB-005-01-06-141
Abstract Focusing on the Supreme Court’s intervention in the Delhi pollution crisis, Baxi analyzes the "right to a clean environment" as a facet of Article 21. He critiques the executive’s failure to manage smog towers, stubble burning, and waste, leading to a "public health emergency." The synopsis highlights the Court’s role as the "guardian of the environment." Baxi argues that "environmental justice" cannot be separated from "social justice," as the poor in slums and rail-track dwellings are the...
Dates: Publication: 12 September 2020
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Newspaper Articles

Judicial Discourse : Dialectics of the Face and the Mask, 1993

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Identifier: UB-005-01-01-74
Abstract

Baxi analyzes judicial discourse by distinguishing between its public-facing ideals and concealed operations. The essay explores how judgments articulate values while masking power, institutional constraints, and social consequences, emphasizing the performative and rhetorical dimensions of judicial reasoning. Published in the Journal of the Indian Law Institute Vol. 35 No. 1/2, pg 1-12.

Dates: Publication: 1993
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Published Academic Articles

“Judicial Independence Or Governance Necessity?”, 10 October 2020

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Identifier: UB-005-01-06-146
Abstract Baxi tackles the tension between judicial independence and the executive’s claim of "governance necessity." He explores the controversy surrounding the appointment and transfer of judges, arguing that the "executive veto" can lead to a "committed judiciary." The article asserts that "governance" should never be a pretext for undermining the "rule of law." Baxi posits that a truly independent judiciary is the greatest "governance necessity" for a democracy, as it ensures that the state...
Dates: Publication: 10 October 2020
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Newspaper Articles

Judicial Review : Professor Upendra Baxi - YouTube, 2020

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Identifier: UB-005-01-08-53
Abstract

Judicial Review' | Professor Upendra Baxi (March 2, 2020): This appears to be from the launch of the book "Judicial Review: Process, Powers and Problems - Essays in Honour of Upendra Baxi." The lecture likely discusses the evolution of judicial review in India, the basic structure doctrine, judicial activism versus judicial restraint, and contemporary challenges facing judicial power and constitutional interpretation. Published by Live Law.in

Dates: 2020
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Other media

Judiciary at the Crossroads, 1983

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Identifier: UB-005-01-01-36
Abstract

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

Dates: Publication: 1983
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Published Academic Articles

Judiciary Has Great Power Including Power to Punish for Contempt It Must Use It Sparingly Softly, 18 August 2020

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Identifier: UB-005-01-06-138
Abstract

In The Indian Express.

Dates: Publication: 18 August 2020
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Newspaper Articles

“Judiciary & The Executive: A Conjoint Demosprudence?”, 28 June 2019

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Identifier: UB-005-01-06-105
Abstract This article explores the necessary but fraught cooperation between the judiciary and the executive. Baxi introduces the concept of "conjoint demosprudence," where both branches work together to fulfill the constitutional promise of social justice. However, he warns against "collusion" that sacrifices citizens' rights. The synopsis explains that while the executive has the mandate of the "ballot," the judiciary has the mandate of the "Constitution." True demosprudence occurs when the...
Dates: Publication: 28 June 2019
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Newspaper Articles

“Jurisprudence across the Palk Strait”, 21 January 2023

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Identifier: UB-005-01-06-197
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...
Dates: Publication: 21 January 2023
Found in: NLS Law and Society Archives / Upendra Baxi Collection / Bibliography / Newspaper Articles

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