'Thematic Discussion On The Constitution Of India: Celebrating The Life And Work Of Prof. Upendera Baxi' And Public Lecture By Prof. Susan Marks [8th February]
LIVELAW NEWS NETWORK
5 Feb 2025 12:49 PM IST
School of Law at BML Munjal University is organizing "Thematic Discussion On The Constitution Of India: Celebrating The Life And Work Of Prof. Upendera Baxi". And Public Lecture by Prof. Susan MarksDate: 8 February 2025Venue: Multipurpose Hall, Kamladevi Complex, India International Centre, New DelhiThe details of the event are as follows: Theme 1: Liberty, Welfare and EqualityPanelists:...
School of Law at BML Munjal University is organizing "Thematic Discussion On The Constitution Of India: Celebrating The Life And Work Of Prof. Upendera Baxi". And Public Lecture by Prof. Susan Marks
Date: 8 February 2025
Venue: Multipurpose Hall, Kamladevi Complex, India International Centre, New Delhi
The details of the event are as follows:
Theme 1: Liberty, Welfare and Equality
Panelists: Ms. Kavita Srivastava, Dr. Mrinal Satish and Dr. Rajeev Bhargava
Moderator: Dr. Pritam Baruah
[10:00 am -11.30 am]
Liberty in the Constitution of India represents not just negative personal liberty, but a positive promise to confront and transcend human suffering. Article 21 of the constitution speaks of the right to life, and personal liberty, in the same breath. This textual proximity of life and liberty translates into stronger conceptual linkages through at least two jurisprudential developments in India. First, the right to life with human dignity has become a source for unenumerated socio-economic or welfare rights by invoking the idea of human flourishing and equality. This idea not only includes socio-economic entitlements but also the fundamental liberties of speech, association, movement, profession, residence, religion and conscience that are granted in equal measure to all citizens. The connection between human flourishing, equality, and liberty therefore is worth exploring. Second, the Supreme Court of India has established interpretative connections between the Fundamental Rights and the Directive Principles, further deepening the connection between collective goals and individual rights.
When thinking of collective goals and emancipation through law, equality is often invoked as a justificatory value. Equality is also invoked in thinking of questions involving liberty, such as on religion, and gender. Simultaneously, equality has been under challenge as a shallow, and even empty concept necessitating strained reinterpretation to ensure relevance in addressing pressing social issues such as affirmative action and anti-discrimination. These issues are often contested by foregrounding liberty as a counter to equality and welfare. Should this classical contest between equality and welfare on the one hand, and liberty on the other, be easily accepted when interpreting the provisions of the Indian Constitution?
In addition to jurisprudential developments, questions of liberty, equality, and freedom have historically been, and continue to be, central to people's movements and struggles, finding their articulation in the text of the Constitution, its judicial interpretations, and its popular invocation.
This panel explores the dynamic interplay between liberty, equality, and welfare, foregrounding the experiences of those whose suffering reveals the gaps in the Constitution's promise of liberty, and emphasizing the relationship between liberty, systemic injustice and social exclusion. It reflects on how liberty, as a constitutional value, can further dignity, equality, justice, and collective right
Theme 2: Rights and Accountability
Panelists: Mr. Apar Gupta, Mr. Ritwick Dutta and Mr. Trideep Pais
Moderator: Dr. Arun Thiruvengadam
[11.50 am - 1:20 pm]
The soul of modern constitutionalism rests on two foundational principles: the protection of rights and the accountability of the state. These two constitutional values manifest throughout post independence Indian history through various political, legal, and constitutional challenges. Some of these challenges have been addressed through institutions, whereas others have highlighted the need for new institutional imagination. Professor Baxi's scholarship engages critically with these themes, through an analysis of the Bhopal Gas tragedy, the dynamics of crises, and the limits of the justice system. His work also explores the future of the concept of human rights in light of the challenges posed by transitions in the global political economy and emerging 'post-human' concerns driven by advancements in information technology, artificial intelligence, biotechnology, and the urgent demands of climate justice.
This session will delve into these broad themes, urging a deeper engagement with the pressing challenges they present and discussing ways to overcome them.
Theme 3: Justice through Institutions
Panelists:Dr. Anup Surendranath, Mr. Harsh Manderand Dr. Sudhir Krishnaswamy
Moderator: Dr. Sitharamam Kakarala
[2:15 pm - 3:45 pm]
A critical indicator of a robust democracy is the strength and resilience of its core constitutional institutions. Components such as an effective justice system, law enforcement that operates within the bounds of the law, and a network of institutions and bureaucracies that embody the letter and spirit of the Constitution, are normatively indispensable for a flourishing democracy. Professor Baxi's extensive body of work, including his analyses of social action litigation, the role of the Supreme Court, and the crises within the Indian legal system, critically examines both the potential and the constraints of pursuing justice through institutions. While it is evident that all institutional mechanisms, regardless of their normative foundations, function within existing social power dynamics, the aspirational dimension of a democracy legitimately expects that these institutions strive to uphold constitutional morality.
With this in mind, this panel seeks to interrogate critical sites of democratic institutions, offering insights into their capacity and limitations in advancing the ideal of constitutional justice.
Of Law and Life: A tribute to Professor Upendra Baxi
Panelists: Dr. Arun Thiruvengadam, Dr. Mathew John and Dr. Sudhir Krishnaswamy
Moderator: Mr. Arvind Narrain
[4:10 pm - 5:40 pm]
What is the relationship between law and life? Prof Baxi's work as a legal scholar, legal activist, much loved teacher and institution builder is mediated by 'three passions', the love of reading, the love of law and the need to redress suffering.
As a legal scholar, he is unique in his understanding of law as involving the study of legal doctrine, while contextualizing it within the study of other disciplines and stressing the importance of the lived experience of the law for those who suffer. His understanding of the constitution as the bringing together of constitutional text(C1), constitutional interpretation(C2) and constitutionalism (C3) points to another way of studying of the Constitution.
As a teacher he practices what he calls education as the 'high art of speaking to the future'. His humour, spontaneous erudition, the ability to make uncanny connections has made the class room a unique space for thousands of students. To him, legal activism must be a way in which in which one strives to 'create a new social consciousness' and ensure that though one is addressing the episodic it becomes a gateway to the structural. His legal activism is a testament to creativity as seen by the initiation of social action litigation as well as the Mathura open letter. As a Vice Chancellor, he has tried to be 'ruggedly democratic' in administering what are in effect 'sub-political systems' often with a 'semi-feudal nature'.
Panelists are invited to reflect upon these pathways pursued by Prof Baxi in the course of his life and work.
Public Lecture by Professor Susan Marks on'Human Dignity: A Worldly Perspective'
[6:00 pm - 7:30 pm]
The lecture is based on Prof. Marks' forthcoming book, Trucanini's Stare: Reconsidering Dignity in Theory and Practice, where she takes dignity in everyday life ('dignified care', 'dignity in the workplace', etc.) as a starting point for reconsidering the concept's history and significance. Through this Lecture, Professor Marks will examine dignity as a worldly phenomenon, that is, through the lens of social practice and lived experiences, rather than the more abstract, conceptual frameworks within which dignity has traditionally been discussed. She will dissect the oft-repeated claim that dignity is a human right by demonstrating how, in fact, it is frequently no more than a privilege. How can the asymmetries in the distribution of dignity be understood? What does the perspective of the presumptively undignified have to teach us? How can the concept of dignity and its relationship with indignity be reconceptualised, and why should it be? These are some of the questions with which Prof. Marks will grapple through the lecture.l of Law
For more details, refer to the brochure here