Upendra Baxi was born on November 9, 1938. Today, he is 86 years old. He stands the tallest amongst the legal scholars and jurists. Not only in India. Even beyond India. He continues to be the most adorable academic. A legal historian. Thinker. Philosopher. The best living law teacher, I have come across during my long 6 decades journey. He has the charisma of a Nobel Laureate.
I have known him for half a century. How much I wish he scores a century. I promise, I would be his wicket-keeper. Upendra is Professitorial. Every inch from top to bottom. The way he wears. Thinks. Writes. Speaks. He supports long hair. I asked him, why? He laughed. Balram, you really do not know! Long hair are a sign of fertility. They cover a fertile mind. He enjoyed his drink. I remember, he was at home for dinner. He was going smooth with his drinks. It was chilly late evening. Shashi, my wife, brought hot soup to serve. He looked up. Smiled. Picked up the bowl of soup. Mixed a little of soup with his drink. Shashi, are you happy. We all had a hearty laugh. He continued with his drink. He loved his Pipe and Cigar. The others enjoyed the aroma around.
Upendra’s academic journey is a multifaceted mosaic. A tapestry of different hues and colours. Breathtaking panorama. Reflective of his scholarship. His quest for learning. His love for literature. His passion for erudition. His company is a joy. He makes you happy. He makes you laugh. He makes you think. Conversation with him gives you a stream of his wisdom. You want more and more of Upendra. A flavour that lasts forever. One starts yearning. He makes you thirsty. The richness of his mind, you realise when you read and experience his works. His contribution to legal thought and literature is unparalleled. So nourishing and stimulating.
The Oxford University Press is bringing out a four volume set – documenting the Evaluation of Upendra Baxi’s thoughts and writings over more than 4 decades as an Academic and a Social and Human Rights Activist. This would bring together the Essays and Lectures of Upendra Baxi on major themes of his writings – Human Rights, Constitutionalism, Law and Society and legal Education. This set would capture : Upendra Baxi – Author, Scholar, Teacher : Law, Justice, Society.
Upendra can be truly described a ‘Judge of Judges’. Justice A.K.Sikri writes : ‘It is easy to be critical of the judgments of the courts, but critiquing the judgments in a scholarly manner is a prerogative of only a few. Prof. Baxi falls in that coveted category, whose critical comments are taken with solemnity as he writes with a sense of responsibility.’ The researchers will do well if in depth study is undertaken. How the books, writings and researches of Prof. Baxi in the fields of Constitutional law and Human Rights have influenced the judgments of the Indian top court. The fact that the Supreme Court has recognised and awarded Prof. Baxi for his contributions speaks of the singular honour. I do not know of any other jural academic who has been similarly recognised. It would have been better if Prof. Baxi had been elevated to the Supreme Court as a Jurist Judge. Baxi is the Indian Frankfurter. Baxi, throughout has been in the close circle of the Indian Supreme Court. He cannot be divorced from the Indian Supreme Court.
What a mind! By the age of 12, he had read all of Thomas Hardy who made a great impression on his mind. He also read Shakespeare. All literature and all the classics available in the public library in Rajkot (Gujarat). This love for literature was personal to him. After finishing school (Matriculation), he went to college. He did graduation with Literature and Psychology. It was at the age of 17 that he moved to Bombay. He wanted to do Masters in English literature. He was underage for the same. At the same time, he got the first employment opportunity with Scindia Steam Navigation Company. There was no possibility of doing Masters course as part time. He served for two or three years the Scindias. He became an officer with them. They discovered that he had talent for writing. He wrote 400 pages. A book of 300 pages was published called : The Saga of Scindia. Thus, he could not peruse his first love for literature.
He graduated in Law by being more in the library than attending the classes. He joined the Masters course. There is an interesting episode which took place with Prof. S.P.Sathe who taught Public International Law. Sitting in his class, Baxi was reading the newspaper. Sathe asked him, how dare you read the newspaper in the class. Baxi responded: “Sir, I can tell you which book you are referring to, the page number and the paragraph number”. Sathe said, I am not doing any such thing from the book. I am reading my notes. You have written notes from the book. Baxi even told Sathe, I can tell what you are going to tell us the next week and the week thereafter. He was told to get out. Baxi told him that he will never come to his lectures. This resulted in severe problem of attendance. The Head of the Department asked Baxi to apologize. He refused. Baxi told Prof. Irani (Head) that you are losing a gold medallist. Baxi did not get the gold medal but got the first class. This is reflective of his sharp mind with equal sharp wit. Later, Baxi met Sathe in Chicago. They had pizza and beer together. Sathe told Baxi that he was quite right in challenging him in class. But the manner in which you did it, he did not like it. Thereafter they were friends. Later in years, Prof. Sathe was invited by the Delhi Law Faculty for a lecture in 1994. At that time, Prof. Baxi was the Vice Chancellor of Delhi University. Baxi had come to the Law Faculty to hear Prof. Sathe. Sathe shared the earlier incident. Everybody enjoyed.
In 1975, when there was internal Emergency in India, Julius Stone had invited Baxi to Sydney to teach LLM classes. Baxi was asked to lecture on Justice. In the class there was a student who had his feet up on the desk facing Baxi. He was eating a sandwich. Baxi started with Aristotle and told the class that it would require long time. Therefore, the class was formally ended and everybody was free to go. But Baxi invited them to beer in the pub across the street. It was hardly 12 o clock in the day time. They all came and discussed Justice till 7 in the evening. With beer, there was engaging interaction.
Baxi was at Berkley. He had fascination for Kelsen. He had read about him in Bombay. Kelsen never came to the law school. Kelsen was the Chairperson of Political Science. He was never a Professor of Law at Berkley. Baxi was keen to study with him. Kelsen was a keen reader of books. Baxi asked the librarian, how to have a meeting with Kelsen. The librarian said, I would take you to the 6th floor of Berkley library but you will not disturb Prof. Kelsen. He showed Baxi a person who was reading a book while standing on a stool. A short man. Baxi waited for him to come down. He was passing by when Baxi said, Prof. Kelsen, I am Baxi. He said – so what? Baxi said I have come all the way from India. Kelsen said, I have no time. I do not take any students. He just left. Baxi found him, very curt. Baxi did not give up. He rang up Mrs. Kelsen. She said, I cannot interfere with my husband’s activities. I can tell you when he is in good mood. On Saturday, you should come and I will give you tea. He would be gardening. This would be good time to see him. Baxi met Kelsen and never looked back. All the three years that Baxi was there, he went to meet Kelsen every 15 days. Intellectually Baxi could level up with Kelsen. This speaks of him even when Baxi was a student.
There cannot be another Upendra Baxi. He got a stroke in 2013. He lost his voice. He lost his languages. What an effort! What recovery! I had come to Delhi in 2014 when I was with NJA, Bhopal. Baxi spoke in an academic event. He was not what he used to be but it was comforting to find him recovered so well. Thereafter, there was no looking back. No diminishing of his faculties. Of his sharpness. He continues to pour with his mind-boggling creative writings till date. He delivers convocation addresses. Memorial lectures and orations. He is generating his thoughts even while sleeping. Dear Prema, his wife and lap-top are his life-line. Long live our Prof. Baxi.
