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Upendra Baxi

 Person

Found in 701 Collections and/or Records:

“The Defamation Bill: A Gateway to Censorship?”, 3 September 1988

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Identifier: UB-005-01-06-07
Abstract

The Defamation Bill: A Gateway to Censorship? (Times of India, September 3, 1987): Baxi critically analyzes proposed defamation legislation as a potential instrument for censoring free speech and press freedom. He examines how defamation laws can be misused to stifle dissent, critique government, and undermine democratic discourse under the guise of protecting reputations. In The Times of India.

Dates: Publication: 3 September 1988

The Development of the Right to Development,' in Janusz Symonides (ed. Human Rights: New Dimensions and Challenges, 1998

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Identifier: UB-005-01-02-17
Abstract

This work examines the emergence of the right to development within international human rights discourse. Baxi reflects on its conceptual foundations, political contestation, and normative significance, situating development within debates on equity, sovereignty, and global justice. Published by UNESCO, Dartmouth Ashgate and Paris, pg 99-116.

Dates: Publication: 1998

“The Disinformation Detox”, 9 June 2021

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Identifier: UB-005-01-06-167
Abstract

In The Indian Express.

Dates: Publication: 9 June 2021

“The Diverse Colours of Federallism, 9 February 2019

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Identifier: UB-005-01-06-93
Abstract Baxi examines the "asymmetric federalism" inherent in the Indian Constitution, looking at the varying degrees of autonomy granted to different states (like those under Article 371). He argues that federalism is not a static concept but a "process of negotiation" between the center and the units. The article emphasizes that "cooperative federalism" must not mean "collusive federalism" between political parties. Instead, it should be a mechanism to protect regional identities and ensure...
Dates: Publication: 9 February 2019

The Dreaming, Never to be Lost: A Critique of the Gove Land Rights Decision, 2020

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Identifier: UB-005-01-01-148
Abstract

This work critiques the Gove land rights decision by examining indigenous dispossession and legal recognition. Baxi reflects on colonial legality, property, and cultural survival, emphasizing the limits of judicial acknowledgment within settler legal frameworks. Published in the 1 JLHR pg 24-76.

Dates: Publication: 2020

“The Endless Struggle: Bhopal Settlement Violated in the Labyrinth of Law”, 12 December 2021

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Identifier: UB-005-01-06-180
Abstract Revisiting the Bhopal Gas Tragedy, Baxi argues that the legal settlement remains a "jurisprudential failure." He critiques the curative petitions and the state’s failure to provide adequate compensation or medical care to survivors decades later. Baxi views the Bhopal saga as a "labyrinth of law" where corporate stability was prioritized over human life. He argues that the settlement violated "natural justice" and environmental liability principles. For Baxi, Bhopal is a haunting reminder...
Dates: Publication: 12 December 2021

The Enigma of the Basic Structure the Need for a Slow Reading of Judicial I By Prof. Upendra Baxi - YouTube, 2023

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Identifier: UB-005-01-08-67
Abstract

The Enigma of the Basic Structure: the Need for a Slow Reading of Judicial' Decisions: Baxi advocates for careful, deliberate interpretation of landmark constitutional judgments, particularly Kesavananda Bharati. He emphasizes distinguishing between "basic structure" and "essential features," understanding judicial reasoning's nuances, avoiding simplistic readings, and recognizing the doctr ine's complexity and evolutionary nature. Published by NALSAR University of Law

Dates: 2023

The Executive Must Explain, 18 July 2020

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Identifier: UB-005-01-06-135
Abstract

In The Indian Express.

Dates: Publication: 18 July 2020