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Prof Upendra Baxi

No Magic Carpet of Sovere...

The fabled mythical horse, Pegasus, continues flying since I surveyed the equestrian jurisprudence of the Supreme Court of India (see Baxi, India Legal, November 1, 2021). The winged horse has appeared again, this time round in faraway California.

Basic Structure Doctrine ...

By Prof Upendra Baxi ...

Some Jurisprudential Take...

By Prof Upendra Baxi ...

Arresting Environmental D...

Relations between the Bench and the Bar, at least in the common law adversarial system, are always strained by the dynamics of operation of the “winner-takes-it-all” principle. Each side has a will to win, but in the final result, only one can succeed and other must lose.

Vexatious Litigation: A R...

By Prof Upendra Baxi ...

May Parliament Act as a C...

The apex court and the Gujarat High Court have stressed that federalism is an integral aspect of the BSEF doctrine and thereby saved it from the excesses of the amending power.

Long Live Human Rights Le...

The founding president of People’s Decade for Human Rights Education, Shulamith Koenig, believed that only a rights framework can encourage disciplined and socially responsible development through investment and trade

A Crusade on Lawlessness?...

The apex court has stated that India cannot have one legal system for the rich and one for small men. Even though a large number of Indians is in preventive detention, the judiciary seems powerless to change the overall structures of power.

A Sudden Flood of Mutiny?...

Orders of the apex court are often flouted and some 1,000 cases have been filed under Section 67A of the IT Act, which was declared illegal. The Court has asked the centre to explain this brazen disregard.

The World and the Word

A recent SCOTUS decision about the “ordinary meaning” of words in the statute makes for strange reading. The Indian SC too has resorted to such rules of “ordinary meaning”, but the judicial recourse in both societies is rather puzzling, if not extraordinary.

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