“A Landmark But Perplexing Portent?”, 11 March 2023
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: 11 March 2023
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
In this analysis of the Anoop Baranwal v. Union of India judgment, Baxi explores the Supreme Court’s mandate to ensure the Election Commission's independence. He argues that for democracy to be "substantive," the "umpire" of elections must be free from executive control. By directing that the Chief Justice be part of the selection panel, the Court sought to protect institutional neutrality. Baxi defines this as "demosprudence"—judiciary acting to safeguard the purity of the electoral process. He asserts that an independent Election Commission is a "basic feature" of the Constitution, essential for preventing the capture of democratic machinery by any ruling regime. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository