Sharunya

Scope and Contents From the Collection:

The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.

Abstract

Published by Zakir Hussain College, New Delhi

Abstract Prof. Upendra Baxi analyzes Israel's 2023 judicial reform crisis, where Prime Minister Netanyahu's coalition attempted to limit Supreme Court powers through legislative override provisions and executive control of judicial appointments. Massive public protests erupted involving labor unions, military reservists, diplomats, and academics opposing reforms that would curtail constitutional judicial review. The reforms followed Israel's unique constitutional structure of Basic Laws rather than a...

Abstract

In The Indian Express.

Abstract Baxi warns against the "judicial bypass" of established procedures and the emergence of "sealed cover" jurisprudence. He argues that secret evidence presented only to judges violates the principle of "open justice" and the right of the accused to a fair trial. The synopsis highlights Baxi’s concern that such precedents allow the executive to evade accountability under the guise of "national security." He asserts that once a "dangerous precedent" is set, it becomes a permanent weapon in the...

Abstract

In The Indian Express.

Abstract

In The Indian Express.

Abstract Baxi concludes with a reflection on the role of the legal scholar and the judge in a "hurting world." He argues that the law should be a "helping hand" to those in "misery," rather than a "critical tongue" that judges and blames the victim. The synopsis captures Baxi’s "jurisprudence of compassion." He advocates for a "socially responsive" judiciary that looks beyond technicalities to provide "healing justice." For Baxi, the truest form of "legaleye" is one that sees the "human face" behind...

Abstract

In Indian Express.

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.