Law and Society

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Published by University of Manipur, Manipur.

Abstract This obituary for Justice RBG reflects on her global impact as a "crusader for gender equality." Baxi highlights her "jurisprudence of dissent," where she spoke truth to power when the majority court turned regressive. He describes her as a "sentinel on the qui vive" for civil liberties. The article emphasizes that Ginsburg’s legacy belongs to all democracies, including India, as her work influenced the global understanding of "equal protection of the laws." Baxi calls for judges to emulate...

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Obituary Published in the Economic and Political Weekly Vol. 41 No. 31, pg 3356-358.

Abstract This essay discusses the "right to love" as a constitutional value. Baxi examines how the judiciary has moved toward an "evolutionary" reading of the Constitution to recognize the autonomy and dignity of individuals, regardless of sexual orientation or social tradition. He argues that "constitutional morality" must shield the individual from the "tyranny of the majority." By prioritizing empathy and inclusion, the law becomes a facilitator of human happiness. The piece is a celebration of...

Abstract Baxi critiques the government's use of the "Act of God" (force majeure) clause to explain economic distress and its failure to meet GST obligations during the pandemic. He asks, "Which God?"—referring to the arbitrary use of theological language to hide administrative failure. The article argues that while the pandemic was a "natural calamity," the "human-made calamity" of poor planning cannot be excused. Baxi asserts that "constitutional obligations" do not cease during a crisis. He calls...

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This work critically examines the Malimath Committee’s (The Malimath Committee on Reforms of Criminal Justice System: Premises, Politics and Implications for Human Rights) proposals on criminal justice reform. Baxi assesses their assumptions and implications, emphasizing concerns about rights, due process, and the balance between efficiency and justice. Published by Amnesty International India, New Delhi.

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In Indian Express.

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In The Indian Express.

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Published by Routledge India, pg 11-25.

Abstract This article discusses the evolution of "Anticipatory Bail" (Section 438 CrPC) as a shield against arbitrary arrest and political vendetta. Baxi analyzes the Sushila Aggarwal judgment, where the Supreme Court held that anticipatory bail should not be limited by time. He argues that this "liberal interpretation" aligns with the "right to life and liberty" under Article 21. The synopsis emphasizes that anticipatory bail is not a "license to escape justice" but a "protection against the...