Prof Upendra Baxi

While there is a clamour for reforms, a vital question remains. If the power to do things is subject to a law made by Parliament and it does not do so for 75 years, is the Supreme Court justified in disturbing the constitutional machinery in place?

The Bombay HC slammed the tendency by district judiciary to rubber stamp bail orders as they lacked reasoned elaboration. But the culture of summary justice is widely prevalent. Can algorithmic justice help? Or would it be regarded as deficient in due process?

The government seems to be upping the ante in its bid to make itself a participant in the judges’ appointment process. Recently, the Union law minister had suggested that collegium accommodate few of government nominees. The constant comments, suggestions and criticisms against the collegium system has taken the shape of power politics. Eminent law scholar Prof Upendra Baxi spoke to India Legal and explained the chess game of constitutional politics and power.

The SC’s Kesavananda Bharati moment came recently when it asked ex-president Maithripala Sirisena to personally pay a huge compensation to victims of the April 2019 Easter Sunday terror blasts.

Even as two pleas have been filed in the SC for homosexual marriages under the Special Marriage Act, a leaf can be taken from the US Act enshrining same-sex and interracial marriages.

As India renews its commitment to the Constitution, it’s time to assess how it has stood the test of time. Experts have said that while it is a sound document, it should also be flexible.

A judge is known by his dissenting verdicts. And Chief Justice DY Chandrachud, who is a champion of human rights and liberal values, has broken new grounds in jurisprudence by his forward-looking judgments. How will all this reflect during his tenure? Eminent legal expert PROF UPENDRA BAXI shares his insights with INDIA LEGAL.

The new CJI has made an indelible impression as an academic scholar and was part of benches which enhanced jurisprudence. His subtle but firm leadership will be a great demosprudential asset.

Pension denialism behaviour by concerned authorities keeps on brutally manifesting itself in various individual cases. Matters concerning fixation, quantum, duration of pension constantly go before the High Courts and reach even the Supreme Court of India. On a conservative estimate, senior citizens grow even older as they consume at least a decade and half.

The overturning of Roe v Wade shows a dismal saga of men gaining power by trading away the rights of women. Justice Clarence Thomas’ opinion forecasts a bleak future for constitutionalism in the US