Constitutional Law

Abstract The article analyses a landmark April 2024 Supreme Court judgment that powerfully advances India’s environmental constitutionalism. The Court reaffirmed the environmental rule of law, sustainable development, and a shift from anthropocentric to biocentric governance, condemning state officials for abdicating their duty to protect forests. Drawing on constitutional provisions, past precedents, and global ecological wisdom, the judgment frames forests as integral to life, equity, and...

Abstract The article examines a landmark Supreme Court judgment overruling P.V. Narasimha Rao and holding that legislators do not enjoy immunity from criminal prosecution for bribery linked to their speech or vote. Situating the ruling within constitutional theory, the Court balances legislative autonomy against the imperative to prevent corruption, while carefully justifying departure from precedent through principles of stare decisis and legal evolution. It clarifies that parliamentary privilege...

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In The Indian Express.

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Upendra Baxi's article, "Constitutional Changes: An Analysis of the Swaran Singh Committee Report," provides a critical analysis of the committee's 1976 recommendations. These recommendations were instrumental in the development of the 42nd Constitutional Amendment during India's Emergency period. You can find more information on Upendra Baxi's website. SCC 17-28. pg 17-28.

Abstract Baxi responds to critics who view "constitutional morality" as a vague or "dangerous" judicial tool. He argues that it is, in fact, the "anchor of the Constitution." The synopsis clarifies that constitutional morality is not about the personal whims of judges, but about the core values of liberty, equality, and fraternity. He critiques the executive’s resistance to this concept, asserting that without constitutional morality, adjudication becomes a mere exercise in rule-following, often at...

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This conversational piece reflects on constitutional imagination and reform. Baxi engages with Neelan Tiruchelvam’s ideas, examining constitutionalism as a site of aspiration, conflict, and possibility within deeply divided societies. From the Tenth Neelan Tiruchelvam Memorial Lecture, Colombo.

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Published in the Cardozo Law Review 21, pg 1183-1210.

Abstract Baxi celebrates the Supreme Court's judgment in the MediaOne case, which struck down a ban on a news channel. He critiques the use of "sealed cover" evidence, where the government hides information from the court and the accused under the guise of "national security." The ruling is seen as a victory for the "fourth pillar" of democracy. Baxi argues that a free press is vital for holding the state accountable. By demanding transparency, the Court ensured that "national security" cannot be...

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Published in the Economic and Political Weekly, Vol. 60 No. 12, pg 13-16.

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Published in the VIRTUAL PLATFORM WEBEXMEET