“Some Jurisprudential Takeaways?”, 8 October 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: 8 October 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 critiques the Supreme Court’s judgment that allowed the Central Vista project to proceed despite environmental and heritage concerns. He argues that the Court adopted a "hands-off" approach that undervalued the "public trust doctrine" and the principle of "participatory democracy." While the government may have followed the "letter of the law," Baxi suggests the "spirit of the law" required more robust public consultation for a project of such national importance. He warns that judicial deference to "executive whim" in urban planning can lead to the erasure of collective heritage and the marginalization of citizen voices. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository