Khagesh Gautam

O.P. Jindal Global University, Jindal Global Law School, Sonepat, India ∙ +91-893-011-0949 ∙

Education

Columbia University, Columbia Law School, New York, NY, U.S.A.

LL.M. received May 2013

University of Delhi, Faculty of Law, Campus Law Centre, New Delhi, India

LL.B. received June 2008

Activities:2008 Phillip C Jessup International Moot Court Competition (North India Rounds), Quarter-finalist; 3rd Best Memorial

Second All India Vivekananda Moot Court Competition, Vivekananda Institute of Professional Studies, New Delhi, Semi-finalist

Kurukshetra University, University College, Haryana, India

B.Com. received June 2005

Activities: Inter-College Declamation Competition, Indira Gandhi National College, Ladwa, 2nd position

State Level Declamation Competition, Government College, Jind, 3rd position

Experience

China University of Political Science and Law, Beijing, China
Visiting Professor
Course. Comparative Evidence / May-June 2016
Jindal Global Law School, Sonepat, Haryana, India
Associate Professor of Law & Assistant Dean (Research and Publications)
Assistant Director, Center on Public Law & Jurisprudence and Assistant Director, Mooting and Advocacy Program
Course Coordinator for Constitutional Law I, Constitutional Law II, Evidence and Indirect Taxation
Courses: Constitutional Law I, Constitutional Law II, Comparative Public Law, Evidence, Interpretation of Statutes, Indirect Taxation / April 2016 - present
Jindal Global Law School, Sonepat, Haryana, India
Assistant Professor of Law & Assistant Dean (Research and Publications)
Assistant Director, Center on Public Law & Jurisprudence and Assistant Director, Mooting and Advocacy Program
Course Coordinator for Constitutional Law I, Constitutional Law II, Evidence and Indirect Taxation
Courses: Constitutional Law I, Constitutional Law II, Evidence, Interpretation of Statutes, Indirect Taxation, Comparative Public Law / November 2015 – March 2016
China University of Political Science and Law, Beijing, China
Visiting Professor, Summer School
Course. Evidence / July 2015
Jindal Global Law School, Sonepat, Haryana, India
Assistant Professor of Law, Assistant Director, Center on Public Law & Jurisprudence and Assistant Director, Mooting and Advocacy Program
Course Coordinator for Constitutional Law I, II and Evidence
Courses: Constitutional Law I, Constitutional Law II, Evidence, Interpretation of Statutes / July 2013 – November 2015
Legal Outreach, Columbia Law School, New York, U.S.A.
Constitutional Law Debate Coach / Oct. 2012 – April 2013
Law Office of Mr. Avneesh Jhingan, Chandigarh
Associate Counsel / July 2009 – May 2012
Desai & Diwanji, New Delhi
Associate / June 2008 – April 2009

Publications

Book Chapters

  1. Indian and Australian Federalism – A Selected Comparison (co-authored with Prof. Nicholas Aroney, University of Queensland), India and Australia – A Comparative Overview of the Law and Legal Practice, Ed. Shaun Star, Universal Law Publishing Company, 2015)

Articles

Constitutional Law (Comparative and Domestic)

  1. The Unfair Operation Principle and the Exclusionary Rule: On the Admissibility of Illegally Obtained Evidence in Criminal Trials in India, Indiana International & Comparative Law Review, Vol. 28 (2016) (Forthcoming)
  2. Controlled Semi-Presidentialism: The case for semi-presidentialism under the Indian Constitution, Columbia Journal of Asian Law, Vol. 29, Issue 1 (2016), pp. 179-254
  3. Questions of Constitutionality – The National Judicial Appointments Commission, Economic & Political Weekly, Vol. 50, Issue 26-27 (June, 2015) [co-authored with Prof. (Dr.) C. Raj Kumar, Jindal Global Law School, O.P. Jindal Global University, Sonepat, Haryana, India]
  4. The Coal Block Cancellation Judgment: A Critical Examination, Law & Policy Brief, Vol. 1, Issue 2 (2015)
  5. Protecting Free Exercise of Religion under the Indian and the United States Constitutions: The Doctrine of Essential Practices and the Centrality Test, Vienna Journal on International Constitutional Law, Vol. 8, Issue 3, p. 305 (2014)
  6. Fundamental Right to Free Primary Education in India – A Critical Examination of Society for Unaided Private Schools of Rajasthan v. Union of India, Comparative Constitutional Law and Administrative Law Quarterly, Vol. 1, Issue 4, p. 3 (2014)
  7. Obscenity, Internet, Free Press and Free Speech – The Indian and the American Constitutions, Journal of Comparative Law, Vol. 8, Issue 1, p. 45 (2013)

Taxation

  1. Sales Tax and Cloud Computing in India, The Tax Lawyer, Vol. 68, Issue 4, p. 671 (2015)
  2. Taxing offshore transactions in India and the Territoriality Clause – A case for substantial constitutional limitations on Indian Parliament’s power to retrospectively amend the Income Tax Act, International Tax Journal, Vol. 40, Issue 4, p. 19 (2014)
  3. Expectation of justice in face of Commissioner’s Circulars, Clarifications and Notifications, VAT and Service Tax Cases (Journal), Vol.59(2012)
  4. The Curious Case of Tribunalization, VAT and Service Tax Cases (Journal), Vol. 47 (2012)
  5. The Periods of Limitation regarding Revisional Proceedings in Haryana Value Added Tax Act, 2003, VAT and Service Tax Cases (Journal), Vol. 43 (2011)

Internet Articles

Constitutionality of National Judicial Appointments Commission: The Originalist Argument, June 27, 2015

A valid reason – On constitutionalism and the removal of governors, blog.mylaw.net, July 9, 2014

When the aid and advice of the Council of Ministers is in conflict with the Presidential Oath, blog.mylaw.net, October 8, 2013

Judicial Power and Constitutional Interpretation,

Conferences and Presentations

  1. Presented research on ‘Judicial Appointments in India’ in the panel on Judges’ Selection and Judicial Reform at the seminar on Judicial Reform in India and China organized by the Center for India-China Studies, Jindal Global Law School on February 4, 2016 at the campus of O.P. Jindal Global University
  2. Lectured on Striking down Administrative Orders/Circulars Impeaching Civil Liberties at the National Conference on Development in the area of Constitutional Law organized for sitting high court judges by the National Judicial Academy, Bhopal.
  3. Presented paper titled Freedom of Trade, Occupation and Profession: A study of the first decade of the Supreme Court of India at the International Conference on Law and Liberty, organized jointly with the Federalist Society and iJustice (a public interest law initiative of the Centre for Civil Society, New Delhi), at Jindal Global Law School, September 18-19, 2015
  4. Presented paper titled Tax Avoidance versus Tax Evasion – Judicial decision making in the Supreme Court of India and its comparativist critique at the ‘International Business Law Scholar’s Roundtable’ organized in New York City on October 10, 2014 by Brooklyn Law School, New York City, NY, USA
  5. Presented paper tilted Towards an Indian ‘Exclusionary Rule’ – On the admissibility of illegally obtained evidence in criminal trials and a constitutional criminal procedure in India at the seminar on Judicial Process, Legal Systems and the Rule of Law: Comparative Perspectives on India and the USA organized by Jindal Global Law School on August 13, 2014 at the campus of O.P. Jindal Global University, Sonepat, Haryana, India.
  6. Discussant for student paper titled Exclusion of Politics from RTI: A Cautious Analysis of the RTI Amendment Act, 2013 at the Second JGLS National Student Research Colloquium, 2014 organized by Jindal Global Law School on April 3 and 4, 2014 in Sonepat, Haryana, India
  7. Presented paper titled Re-Examining Indian Federalism in the international conference on ‘Re-thinking Politics, Policy and Governance in Federal Systems: Indian and the World’ jointly organized in New Delhi on November 14-16, 2013 by the Centre for Public Policy and Governance, Ramjas College, Delhi University and the International Political Science Association’s Research Committee, New Delhi, India
  8. Presented paper titled Protecting Free Exercise of Religion under the Indian and the United States Constitutions – The Doctrine of Essential Practices and the Centrality Test at the Fourth Annual Constitutional Law Colloquium organized by Loyola University Chicago School of Law on November 1-2, 2013 at the Philip H. Corboy Law Center, Chicago, IL, USA
  9. Presented paper titled Taxing Offshore Transactions in India and the Territoriality Clause – A case for substantial constitutional limitations on Indian Parliament’s power to retrospectively amend the Income Tax Act at the Conference on Cross Border Transactions: Challenges of Foreign Investment and International Taxation, organized by Jindal Global Law School on October 30, 2013 at the campus of O.P. Jindal Global University, Sonepat, Haryana, India
  10. Speaker at the International Conference on Federalism v. Localisms: Competing Demands and Conflicting Aspirations?organized jointly by the O.P. Jindal Global University and Europaeum, Oxford on October 10 and 11, 2013 in Sonepat, Haryana and New Delhi, India

Conferences Organized

  1. International Conference on Law and Liberty, organized jointly with the Federalist Society and iJustice (a public interest law initiative of the Centre for Civil Society, New Delhi), at Jindal Global Law School, September 18-19, 2015
  2. Rule of Law, Access to Justice and Sustainable Development in India and USA, jointly organized with the William S. Richardson School of Law, University of Hawai’i at Manoa, at Jindal Global Law School, March 9-10, 2015
  3. Judicial Process, Legal Systems and the Rule of Law: Comparative Perspectives on India and the USA, organized at Jindal Global Law School, August 13, 2014.
  4. Faculty Development Workshop, organized for the entire faculty at Jindal Global Law School, at Jindal Global Law School, July 23-24, 2014

Honors and Awards

Harlan Fisk Stone Scholar, Columbia Law School (2013)

Award for Research Excellence awarded ‘In Recognition of Outstanding Contribution to Research’, O.P. Jindal Global University (2013)

Award for Research Excellence awarded ‘In Recognition of Outstanding Contribution to Research’, O.P. Jindal Global University (2014)

Award for Teaching Excellence awarded ‘In Recognition of Outstanding Contribution to Teaching’, O.P. Jindal Global University (2015)

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