Law and Society

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34. The Future of Human Rights 3rd Edition

Abstract As Justice Chandrachud took office as Chief Justice, Baxi reflected on his "transformative" and "humanist" jurisprudence. Known for his "liberal" interpretations, Chandrachud is seen as a judge who prioritizes "constitutional morality" over "social morality." Baxi highlights the high expectations for administrative reforms, such as digitizing the courts and increasing transparency. While optimistic, Baxi acknowledges the immense pressure of leading a divided court in a polarized political...

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Published in the Jindal Global Law Review Vol. 9 no. 2.

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Published in the Indian Bar Review Vol 18 No. 1, pg 386-392.

Abstract Baxi explores the "quiescence" of British courts when faced with expansive executive power, particularly regarding "Henry VIII clauses" that allow ministers to amend primary legislation. He contrasts the UK’s parliamentary sovereignty with India’s constitutional supremacy. Baxi argues that while the UK lacks a written constitution to provide explicit "hooks" for judicial review, the Indian judiciary has a greater mandate to check executive overreach. The article serves as a warning against...

Abstract Prof. Upendra Baxi critiques the Law Commission's 278th Report recommending retention and enhancement of sedition laws. Union Law Minister termed the recommendations "persuasive, not binding," unusual for a Law Commission report. Baxi argues the Commission failed to apply strict proportionality standards, instead relying on outdated reasonableness tests. The report, prepared hastily in seven months, fragmented criminal law reform rather than providing the comprehensive review requested. Baxi...

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This work explores human rights education at the turn of the millennium. Baxi examines its aspirations, institutional settings, and pedagogical challenges, questioning whether education can meaningfully translate human rights ideals into social practice amid global inequality. Published by Organizing Committee of the People’s Decade of Human Rights Education 526 West 111th Street Suite 4E New York NY 10025.

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Published by OUP, Delhi

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This lecture critically examines globalization and its impact on political choice, sovereignty, and justice. Baxi questions claims that globalization is inevitable or uncontested, drawing attention to inequalities, exclusions, and the narrowing of democratic alternatives under global economic and governance regimes. Colombo.

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Baxi examines poverty and dispossession in the context of planetary change. The essay reflects on ecological crisis, inequality, and governance, emphasizing how environmental transformation intensifies human vulnerability. Published by Oxford University Press, New York pg 454-476.