Constitutional Law
Subject
Subject Source: Local sources
Found in 24 Collections and/or Records:
“May Parliament Act as a Constituent Assembly?”, 28 August 2021
Item
Identifier: UB-005-01-06-175
Abstract
Baxi tackles the debate over whether Parliament can assume "constituent power" to rewrite the Constitution. He argues firmly that under the "Basic Structure Doctrine," Parliament’s power to amend is limited and does not include the power to destroy. He posits that Parliament is a "creature" of the Constitution and cannot legally become its "creator." Allowing Parliament absolute power would be "constitutional suicide." This essay serves as a defense of the core identity of the Indian...
Dates:
Publication: 28 August 2021
‘Modelling ‘Optimal’ Constitutional Design for Government Structures: Some Debutant Remarks’, in Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam (eds), Comparative Constitutionalism in South Asia, 2012
Item
Identifier: UB-005-01-02-56
Abstract
Baxi reflects on comparative constitutional design debates. The essay questions claims of optimality, emphasizing historical context, power relations, and political contingency in shaping governmental structures. Published by online edn, Oxford Academic, 24 Jan. 2013 Delhi, pg 23–44.
Dates:
Publication: 2012
No Limit to Constitutional Disenfranchisement?, 20 May 2023
Item
Identifier: UB-005-01-06-205
Abstract
Prof. Upendra Baxi critiques the Supreme Court's 2023 dismissal of a plea challenging prisoner disenfranchisement under Section 62(5) of the Representation of the People Act 1951. The Court upheld restrictions citing resource constraints, security needs, and electoral purity. Baxi argues this violates international human rights law, noting that approximately 400,000 citizens lose voting rights. He questions whether the Court should establish comprehensive protections for prisoners' residual...
Dates:
Publication: 20 May 2023
‘“Ordering” constitutional transfers: a view from India’ in Günter Frankenberg (ed), Order from Transfer, 2013
Item
Identifier: UB-005-01-02-60
Abstract
Baxi examines constitutional borrowing and transfer from an Indian perspective. The essay reflects on translation, adaptation, and power, questioning assumptions that constitutional ideas move seamlessly across legal and political contexts. Published in Elgar Online, pg 189–208.
Dates:
Publication: 2013
Outline of a Theory of Practice of Indian Constitutionalism,' in Rajeev Bhargava (ed.), Politics and Ethics of the Indian Constitution, 2008
Item
Identifier: UB-005-01-02-46
Abstract
Published by Oxford University Press, New Delhi.
Dates:
Publication: 2008
Preliminary notes on transformative constitutionalism,' in Transformative constitutionalism: Comparing the apex courts of Brazil, India and South Africa, 2014
Item
Identifier: UB-005-01-02-61
Abstract
Published byPretoria University LawPress,PretoriaPg 19-47.
Dates:
Publication: 2014
“Safeguarding Constitution”, 24 April 2023
Item
Identifier: UB-005-01-06-204
Abstract
In The Indian Express.
Dates:
Publication: 24 April 2023
‘The Constitutional Discourse on Secularism’, in U. Baxi, A. Jacob and T. Singh (eds), Reconstructing the Republic, 1999
Item
Identifier: UB-005-01-02-19
Abstract
Published by Indian Association of Social Science Institutions and Har-Anand Publication, Delhi, pg 211-233.
Dates:
Publication: 1999
The Constitutional Quicksands of Kesavananda Bharati and the Twenty-Fifth Amendment, 1974
Item
Identifier: UB-005-01-01-18
Abstract
Upendra Baxi's article, "The Constitutional Quicksands of Kesavananda Bharati and the Twenty-Fifth Amendment," in Supreme Court Cases Journal (1974), analyzes the landmark Kesavananda Bharati case (1973) and its impact on India's Constitution, particularly the "Basic Structure Doctrine," arguing Parliament can amend but not destroy the core constitutional identity, while scrutinizing how the controversial 25th Amendment (giving primacy to Directive Principles over some Fundamental Rights)...
Dates:
Publication: 1974
The Crisis in, and of, Constitutional Identity,' in Ran Hirschl and Yaniv RoznaI (eds.), Deciphering the Genome of Constitutionalism: The Foundations and Future of Constitutional Identity, 2024
Item
Identifier: UB-005-01-02-91
Abstract
Published by Cambridge University Press, Cambridge, pg 89-97.
Dates:
Publication: 2024