“A Dangerous Precedent?”, 16 December 2018
Scope and Contents
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.
Dates
- Publication: 16 December 2018
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
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 state’s arsenal, potentially leading to a "constitutional twilight" where transparency and accountability are sacrificed for administrative ease. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository