Law and Society

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In The Indian Express.

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Published by Sage Publications, New Delhi.

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Baxi examines critiques of rights discourse from the standpoint of identity and difference. The essay reflects on how rights both empower and constrain political struggles, emphasizing the need to attend to exclusion, recognition, and power. Published by Routledge India. pg 61-78.

Abstract Prof. Upendra Baxi examines the Supreme Court's 2023 reversal of its 2014 ban on Jallikattu and bullock cart races. The Court controversially held bulls can be "performing animals," upholding ownership rights while rejecting animal rights as fundamental or natural. Baxi criticizes the Court for deferring cultural heritage questions to Parliament and failing to recognize animals' inherent dignity rights established in the Prevention of Cruelty to Animals Act 1960. He argues the decision...

Abstract Baxi traces the intellectual history of the "Basic Structure Doctrine," crediting German scholar Dieter Conrad and jurist Nani Palkhivala. He explains how Conrad’s insights on "implied limitations" to amendments—born from the trauma of Nazi Germany—helped Indian judges protect democracy from similar fates. The article demystifies the doctrine, showing it was a necessary response to political instability. Baxi argues that the Basic Structure is a "safety valve" that prevents a majority from...

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This essay examines labor, globalization, and justice. Baxi reflects on decent work frameworks, inequality, and distributional conflict, emphasizing justice as a contested and politically charged concept in global economic governance. Published in the Ind. J. Labour Econ. 67, pg 317–328.

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Published in the International Journal of Law in Context, Vol. 17 no. 1 (March), pg 32-35.

Abstract Baxi critiques the weaponization of criminal defamation laws to silence dissent and investigative journalism. He describes the practice of filing multiple cases in far-flung jurisdictions as "catastrophic convenience" for the powerful. The article argues that such "strategic lawsuits against public participation" (SLAPP) chill free speech and violate the spirit of Article 19. Baxi advocates for a higher threshold for admitting defamation complaints and suggests that the judiciary must...

Abstract Published in The Leaflet, this essay laments the decline of civility in modern democracy. Baxi explores the growing "distance" between the ruling elite and the citizens, and the "disrespect" shown toward dissenting voices. He argues that democracy is not merely about winning elections but about respecting "difference" and fostering a "culture of listening." When dissent is branded as disloyalty, the democratic fabric tears. Baxi calls for a return to "constitutional morality," where...

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Baxi examines competing understandings of development as either a rights-based claim or discretionary state benevolence. The lecture reflects on accountability, entitlement, and governance, questioning whether conceptual framing affects the lived experience of development.