Law and Society

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Published in 25JILI, pg 563-574.

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Published in Journal of the Indian Society of International Law, Volume 8, No 4.

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This essay reflects on law and justice in the context of technological and ecological change. Baxi revisits social dimensions of legality, questioning how emerging conditions reshape responsibility, agency, and justice beyond conventional human-centered frameworks. Published in the Justice & Global Development Journal LGD.

Abstract Baxi reflects on the "revolutionary" potential of the Indian judiciary during moments of crisis. He examines how the court has, at times, stepped out of its "traditional role" to address social evils like bonded labor and environmental degradation. The article discusses the "Public Interest Litigation" (PIL) era as a "judicial revolution" that gave a "voice to the voiceless." However, Baxi also warns against "judicial populist" tendencies. The synopsis notes his view that a "truly...

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In The Indian Express.

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Published in Economic & Political Weekly, March 17, 2001,

Abstract Prof. Upendra Baxi introduces three bills replacing colonial criminal codes: Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill. He critiques the "decolonization" narrative, arguing reforms prioritize crime control over due process while retaining most IPC provisions. Baxi distinguishes decolonizing law from decolonizing justice, noting reforms fail to address "epistemic violence" and elitism. He advocates for three modern criminology principles:...

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In The Indian Express.

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The article analyzes a U.S. Supreme Court decision striking down sweeping tariffs imposed by presidential emergency orders. It argues that the ruling reinforces the constitutional separation of powers by affirming Congress’s authority over taxation and trade while limiting executive use of emergency economic powers. In India Legal.

Abstract Baxi critiques the expansion of preventive detention laws in Maharashtra to include white-collar and non-violent crimes. He argues that these laws, designed for "emergency" situations, are being used to bypass the standard criminal justice system. This leads to "procedural tyranny," where individuals are jailed without trial based on mere suspicion. Baxi warns that this "inflation" of detention laws erodes the fundamental right to liberty. He calls for a return to strict judicial scrutiny of...