'If executive did its job, judiciary won't interfere'

When legal scholar

Upendra Baxi

leaves class, he's practically mobbed by NLSIU students wanting to take selfies with him. The 79-year-old professor from the University of Warwick, UK, obliges them all before sitting down for an interview with TOI. Excerpts

Are courts increasingly being asked to decide on matters of governance? Or is the government absolving itself of responsibility by leaving some sticky issues to the courts?
I would say both. Today, the judiciary is the co-governor of this country. It is

adjudicating policy

, inventing new jurisdiction, and standing up for rights that are guaranteed in the Constitution. All the interventions were absolute necessity. Take the

sexual harassment

issue -we did not have a proper law for 50 years, or the right to education or contract labour. It was necessary for courts to ensure that the rights of the common man were not compromised.

Is it the right trend?

Over time, courts have realized that the executive is not doing its job. So everyone has accepted this trend, including the executive.No one is complaining. I know for sure that if the executive did its job well, the judiciary would not interfere.

Today, vigilantism in the name of nationalism seems to be superseding constitutional freedoms. Your opinion?

Vigilantism is the enemy of freedom. We cannot have governments restricting freedom of speech. You punish me for the views I hold when my Constitution guarantees me freedom of speech and expression. You cannot govern by submission. There are two things you can achieve - unity in diversity and unity in perversity. My freedom should not be at the mercy of anyone else. I may be wrong, but I have every right to hold the wrong view.

Why do students from national law schools shy away from the bar?

It is not necessary for every law graduate to argue. Working outside the court for education, human rights, environment is useful in its own way . If a law gradu ate is helping human rights activists or an NGO, what's wrong? Ul timately, they are all contributing to society and put their law educa tion to use.