“Times of Stress & Distress”, 20 March 2021
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: 20 March 2021
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 explores the "jurisprudence of distress" during the pandemic and periods of political instability. He argues that times of "stress" test the "elasticity of the Constitution." The article critiques the "normalisation of emergency powers" and the suspension of "due process." Baxi highlights the "moral distress" of the legal profession and the judiciary when faced with mass suffering. He calls for a "compassionate constitutionalism" that prioritizes the "emergency of the poor" over the "convenience of the state." For Baxi, the law’s true value is measured by its ability to provide "solace to the distressed" when institutional structures crumble. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository