'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]

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: 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 rightTheme 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 ...

'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]

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