Law and Society

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This work addresses violence in Gujarat by situating it within legal, political, and moral frameworks. Baxi reflects on state responsibility, justice, and accountability, emphasizing the failures of institutions in preventing, responding to, and addressing mass violence. Published in the Economic and Political Weekly Vol. 37 No. 34, pg 3519-531.

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Upendra Baxi's "The Shaking of Foundations: Some thoughts on Jerome Hall’s Foundations of Jurisprudence" provides an analysis and critique of Jerome Hall's work on legal philosophy, highlighting the subjectivism in supposedly objective legal theories. Published in the Delhi Law Review, Volumes 4 and 5.

Abstract This recent article analyzes the "High Seas Treaty" (BBNJ), which protects marine life beyond national borders. Baxi frames the treaty as a major shift toward treating the oceans as the "common heritage of mankind." It addresses the legal vacuum regarding marine genetic resources and requires environmental impact assessments for deep-sea activities. Baxi views this as a victory for the "Global South," ensuring that the benefits of marine discoveries are shared equitably. The treaty...

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Published by Brill | Nijhoff, Leiden ; Boston pg 16-32.

Abstract Prof. Upendra Baxi discusses Kerala High Court's 2023 judgment ordering compensation to sexual assault victims, which state authorities challenged despite statutory obligations under the Victim Compensation Scheme. Justice Kauser Edappagath ruled sexual harassment constitutes "sexual assault" under compensation schemes, directing immediate implementation and scheme amendments. The Court rebuked Kerala for ignoring previous directions dating to 2020 requiring compensation without delay. Baxi...

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Baxi examines how law is treated within Subaltern Studies scholarship. He reflects on law as an instrument of state power and mediation, engaging critically with historiographical apgroaches to subaltern agency, domination, and the representation of legal institutions. Published in the Subaltern Studies Volume 7, pg 274-265.

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Published in Social Action, Vol. 44, pg 13-30.

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Baxi reflects on Islam through themes of justice, ethics, and human dignity. The essay examines interpretive traditions and contemporary challenges, emphasizing pluralism, moral reasoning, and human rights without reducing religion to security or identity politics. Published by Emory Int’l L. Rev. 679.

Abstract Baxi examines the global significance of judicial review as a "trump card" against executive overreach, specifically through the lens of US and Indian developments. He argues that while judicial review is a "basic structure" of democracy, it must be exercised with "judicial self-restraint" to avoid becoming a "super-legislature." The article discusses the tension between the "will of the people" (represented by the executive) and the "will of the Constitution" (guarded by the judiciary)....

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Upendra Baxi's article, "The Ultra-Modernity of Tradition: Some Comments on 'The Modernity of Tradition' by Lloyd and Susanne Rudolph," is a critical review that challenges and extends the Rudolphs' concept of how tradition interacts with modern political development in India. Published in the Journal of South Asia Studies Vol.. 2 No. 1.