Law and Society

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 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...

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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...

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In Indian Express.

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In The Indian Express.

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...

Abstract Baxi explores the "Right to the City" as an emerging human right in an era of rapid urbanization. He argues that the city should not be a site of exclusion for the poor, but a space where every citizen has a right to housing, clean water, and public services. The article critiques "aesthetic urbanism" that leads to the forced eviction of slum dwellers. Baxi calls for a "constitutionalization of urban space," where the needs of the "impoverished" are prioritized over corporate interests,...

Abstract Baxi critiques the dismantling of labor laws in several states under the guise of "economic recovery" (post-pandemic). He describes this as a "paradigm shift" toward "labour injustice," where the worker is reduced to a "commodity" without rights to fair wages, safety, or unions. The article argues that labor rights are "human rights" and cannot be suspended at the "whim of the market." The synopsis highlights Baxi’s plea for the judiciary to intervene against these "regressive" measures. He...

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This essay returns to the doctrine of basic structure in Indian constitutional law. Baxi reflects on its evolution, significance, and controversies, examining how the doctrine shapes debates on constitutional change, judicial power, and democratic legitimacy. Published in the Indian Bar Review, Vol. 24 1&2, pg 53-72.