Law and Society

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Baxi analyzes judicial discourse by distinguishing between its public-facing ideals and concealed operations. The essay explores how judgments articulate values while masking power, institutional constraints, and social consequences, emphasizing the performative and rhetorical dimensions of judicial reasoning. Published in the Journal of the Indian Law Institute Vol. 35 No. 1/2, pg 1-12.

Abstract Baxi tackles the tension between judicial independence and the executive’s claim of "governance necessity." He explores the controversy surrounding the appointment and transfer of judges, arguing that the "executive veto" can lead to a "committed judiciary." The article asserts that "governance" should never be a pretext for undermining the "rule of law." Baxi posits that a truly independent judiciary is the greatest "governance necessity" for a democracy, as it ensures that the state...

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In The Indian Express.

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Published in the India International Centre Quarterly Vol. 37 No. 2, pg 118-32.

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Baxi reflects on B. R. Ambedkar’s contribution to ideas of justice, equality, and constitutionalism. The essay situates Ambedkar’s legacy within struggles against caste opgression, emphasizing justice as a project of emancipation rather than mere legal formalism. Published by Sage Publications, New Delhi pg 122–49.

Abstract Baxi analyzes Justice Kurian Joseph’s views on the National Judicial Appointments Commission (NJAC) judgment. The article focuses on the "shadow of the state" in judicial appointments. Baxi explores the tension between "judicial independence" and "transparency." He notes the concern that the NJAC model would have given the executive a "veto" over appointments, potentially undermining the Basic Structure. The synopsis captures Baxi’s warning that while the Collegium needs reform, any "new...

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Published by Eastern Book Company, Lucknow.

Abstract Upendra Baxi's "Law and Development Research in India: Themes, Problems and Literature, Part III Land Reforms" (circa 1974) was a significant scholarly work from the International Legal Centre, New York, focusing on land reform's legal and developmental aspects in India, highlighting challenges, research gaps, and the interplay of law and societal change, fitting into Baxi's broader critical socio-legal scholarship examining Indian legal system's struggles and potential. Published by the...

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This edited volume brings together critical reflections on the relationship between law and poverty. Baxi frames law as both a potential instrument of justice and a site of exclusion, emphasizing how legal structures often reproduce inequality while occasionally enabling claims by marginalized populations. Published by N.M. Tripathi, Bombay.

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This essay examines gaps between legal frameworks and social needs. Baxi reflects on how law fails to address poverty, exclusion, and vulnerability, emphasizing structural limits of legal remedies in responding to unmet social demands. Published in the Journal of National Law University Delhi Vol 1 No. 1, June, pg 1–14.