Law and Society

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In The Indian Express.

Abstract This book review (or essay) discusses how the "architecture of law" and historical monuments serve as "legal documents" of our past. Baxi explores the "jurisprudence of memory," arguing that how we treat our history—and the laws that govern it—defines our present identity. He examines the tension between "preserving the past" and the "needs of the present." The synopsis notes Baxi’s warning against the "politicization of monuments." He suggests that monuments are "silent witnesses" to our...

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This article examines the Indian Supreme Court’s growing use of its inherent powers to recall or revisit its own judgments. It explores the constitutional implications of such actions, debates their limits compared to review or curative petitions, and questions how this power affects finality in judicial decision-making. In India Legal.

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In India Legal.

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This essay reflects on how Supreme Court judgments are received, interpreted, and acted upon outside courtrooms. It raises questions about the social, political, and institutional conditions that shape whether judicial decisions meaningfully affect governance, administration, and everyday life, rather than remaining symbolic or text-bound interventions. In the Journal of the Indian Law Institute Vol. 24, No. 4. pg 848-862.

Abstract In this critique of "law and order" rhetoric, Baxi asks who the law actually serves. He analyzes the use of "preventive detention" and "sedition" laws to suppress dissent, asking whether "order" has become a euphemism for "compliance." Baxi argues that "true order" is built on "justice" and the "protection of rights," not on the "silencing of voices." The synopsis highlights his plea for a "law that liberates" rather than a "law that incarcerates." He asserts that the judiciary must...

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In The Indian Express.

Abstract This piece explores the "internationalization" of women’s rights and its impact on Indian law. Baxi discusses the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) and its use by the Indian Supreme Court (as in the Vishaka judgment). The article argues that "women’s rights" cannot be compartmentalized as "family issues" but must be seen as "universal human rights." The synopsis captures Baxi’s critique of "patriarchal" legal interpretations. He asserts that...

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This essay revisits the Bhopal disaster decades later, reflecting on environmental harm, impunity, and memory. Baxi examines how legal closure contrasts with ongoing suffering, highlighting failures of accountability and the persistence of environmental injustice. Published in the Journal of Human Rights and the Environment Vol. 1 No. 1, pg 23-44.

Abstract Widely regarded as one of the most eminent legal thinkers of his time, Upendra Baxi is a leading scholar on matters relating to human rights, legal and social theory, and comparative constitutional law and theory. A set of four volumes, Law, Justice, Society: Selected Works of Upendra Baxi documents and critically engages with Upendra Baxi's thoughts and writings. The volumes are a conglomeration of Baxi's essays and lectures centred on the major themes of his writings-human rights,...