Law and Society

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This reflective piece engages with Justice Dharmadhikari’s work on values and rights. Baxi examines judicial ethics, moral reasoning, and constitutional responsibility within Indian jurisprudence. Published in the NHRC Journal, Volume 16 pg 131-141.

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Published by the Indian Law Institute. pg 122-143

Abstract Addressing the "unconscionable delays" in the elevation of judges to the High Courts and Supreme Court, Baxi critiques the executive’s "pocket veto." He argues that withholding names cleared by the Collegium is an "act of institutional sabotage." The article describes the "vacancy crisis" as a "self-inflicted wound" on the judiciary. Baxi posits that "justice delayed in appointment" leads to "justice denied in adjudication." He calls for a "time-bound process" for appointments, asserting...

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This essay examines anti-formalist apgroaches to legal sources. Baxi reflects on custom, practice, and lived legality, questioning rigid source theories and emphasizing how power and social practice shape what counts as law in international and domestic contexts. Published by online edn, Oxford Academic.

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Publication: Mainstream

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Published by Klostermann, pg 129-146.

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This essay examines corruption as a systemic governance problem. Baxi reflects on law’s limits and the role of nonviolent movements, emphasizing dialectical relationships between legal reform, protest, and institutional accountability. Published by SAGE, Series: Politics and Society in India and the Global South, pg 40-65.

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Here, Baxi situates social action litigation within broader concerns of poverty and deprivation. He examines how judicial procedures were reshaped to address suffering, while remaining attentive to the tensions between legal activism, institutional capacity, and the structural roots of poverty. Published by N.M Tripathi Pvt. Ltd, Bombay. pg 387-415

Abstract Upendra Baxi's "Taking Suffering Seriously: Social Action Litigation in the Supreme Court of India" (SAL) explores how India's Supreme Court transformed into a court for the oppressed post-Emergency, moving beyond elite legal disputes to address mass suffering via SAL (often called PIL), driven by judicial populism, making justice accessible to the marginalized by using letters/petitions as legal standing, but also highlighting challenges like judicial overreach and the gap between promises...

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This essay reflects on the emergence of social action litigation in the Supreme Court. Baxi examines how courts began responding to suffering and deprivation through procedural innovation, while also questioning the capacities, limits, and ambiguities of judicial intervention in addressing structural injustice. In Third World Legal Studies Vol 4. No. 1. pg 107-132.