Law and Society

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In Indian Express.

Abstract Baxi addresses the internal conflicts and public disagreements within the Indian judiciary. He analyzes the "rift" that occasionally appears among judges of the higher courts, arguing that while dissent is healthy, public displays of institutional fracture can undermine the "majesty of the law." The synopsis emphasizes that judicial independence is not just about freedom from executive interference but also about internal cohesion and ethical behavior. Baxi calls for a "culture of civility"...

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In The Indian Express.

Abstract This piece deals with the fundamental claim to "dignity" by the most marginalized sections of society. Baxi argues that while the law deals with complex codes, the core of the Constitution is a "simple, stark claim" for human recognition. He examines how the state often complicates this claim through bureaucratic hurdles and "law-in-books." The synopsis highlights Baxi’s plea for the judiciary to listen to the "voice of suffering." He posits that the truest measure of a legal system is how...

Abstract Reflecting on the conviction of Ratko Mladić for genocide, Baxi analyzes the slow progress of international criminal justice. He discusses how tribunals like the ICTY create a permanent historical record of atrocities, making it harder for future regimes to deny past crimes. While acknowledging that international law often lacks immediate "teeth," Baxi argues that such trials are essential to end the "culture of impunity" for state-sponsored violence. The conviction serves as a symbolic...

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In The Indian Express.

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Baxi critically examines the United States’ report to the UN Human Rights Committee. The essay reflects on international human rights monitoring, state accountability, and the politics of reporting, highlighting tensions between global norms and national self-representation. Published in the Economic and Political Weekly Vol. 31 No. 5, pg 283-91.

Abstract This article examines the emergence of "COVID-19 Constitutionalism," where public health laws were used to bypass constitutional safeguards. Baxi warns of an "avalanche of evils" when "emergency measures" become "permanent precedents." He explores the tension between "collective security" and "individual liberty." The synopsis highlights Baxi’s call for "judicial vigilance" to prevent the rise of "viral authoritarianism." He argues that even in a pandemic, the "Basic Structure" of the...

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Upendra Baxi's influential 1976 paper, 'Access, Development and Distributive Justice: Access Problems of the "Rural" Population', critiques the traditional legal system's failure to address the unique justice needs of India's rural poor. The work argues that "access to justice" must be understood as an equitable ability to access development benefits and state organs, not merely access to courts. Published in the Journal of the Indian Law Institute Vol. 18 No. 3. pg 375-430.

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Baxi examines the Indian Constitution in relation to economic accumulation and political legitimacy. The work reflects on how constitutional structures interact with state formation, development, and authority, highlighting tensions between democratic promises and material processes of power consolidation. Published in the Delhi Law Review, 13, pg 72-84.