Khagesh Gautam

Associate Professor of Law | Assistant Dean (Research and Publications) 

Assistant Director, Centre on Public Law and Jurisprudence

Assistant Director, Mooting and Advocacy Programme

Stone Scholar, LL.M. (Columbia), LL.B. (Delhi)

Prof. Khagesh Gautam received his LL.M. from Columbia Law School in May, 2013 where he graduated as a Stone Scholar.  He received his LL.B. from Campus Law Centre in June, 2008 and his B.Com. from University College, Kurukshetra University in June, 2005.  He was admitted to the Delhi Bar Council in July, 2008 and was an associate in the law firm of Desai & Diwanji (New Delhi office) between June, 2008 and April, 2009.  After that he transferred his Bar membership to Punjab & Haryana Bar Council and practiced before the Punjab & Haryana High Court at Chandigarh and several direct and indirect taxation tribunals in Haryana and Punjab from July, 2009 till May, 2012.  He specialized in indirect taxation, civil and criminal appellate, administrative and constitutional litigation and appeared himself and as assisting counsel in several cases before the High Court and taxation tribunals throughout Haryana, Punjab and Himachal Pradesh.  During this time he also authored three articles (one on constitutional law and two on taxation) that were published in the journal of Value Added and Service Tax Cases (VST).

After graduating from Columbia Law, he joined the faculty at Jindal Global Law School since July, 2013 as an Assistant Professor and is currently Associate Professor of Law & Assistant Dean (Research and Publications) at Jindal Global Law School.  In addition he is also an Assistant Director with Center on Public Law & Jurisprudence and an Assistant Director with the Mooting and Advocacy Program.  He  teaches the core courses on Constitutional Law and Evidence and elective courses on Comparative Constitutional Law and Forensic Evidence.  He has been awarded the JGLS Award for Research Excellence(awarded ‘In Recognition of Outstanding Contribution to Research’) thrice in 2013, 2014 and 2016 and the JGLS Award for Teaching Excellence (awarded ‘In Recognition of Outstanding Contribution to Teaching Leading to Improved Learning Outcomes’) in 2015. 

He has also taught Evidence and Comparative Evidence at the China Univeristy of Political Science and Law, Changping, Beijing, PRC (June, 2015 & May-June, 2015); and Comparative Constitutional Law at William S. Richardson School of Law, University of Hawaii, USA (January, 2017).  He has been invited to lecture high court judges on constitutional law at the National Judicial Academcy, Bhopal (October, 2015).  He is also a member of the Editorial Board of the Africa Journal of Comparative Constitutional Law (since February, 2017).

His work has been published in the Columbia Journal of Asian Law, Indiana International and Comparative Law Review, Southwestern Journal of International Law, Boston University International Law Journal, Vienna Journal on International Constitutional Law, Journal of Comparative Law, International Tax Journal, The Tax Lawyer, Comparative Constitutional and Administrative Law Quarterly and Economic and Political Weekly.

Book Chapters

  • 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, Shaun Star (Ed.), Universal Law Publishing Company)

  
Articles

  • The Perception of Incurability: Leprosy, Discrimination and the Medical Truth, Boston University International Law Journal, Vol. 36, Issue 2 (Forthcoming, Summer 2018) (co-authored with Shelja Gautam, Visiting Faculty, Jindal Global Law School)
  • Martial Law in India: The Deployment of Military under the Armed Forces Special Powers Act, 1958, Southwestern Journal of International Law, Vol. 24, Issue 1 (Forthcoming, February 2018)
  • Judicial Delays, Mounting Arrears, and Lawyer’s Strikes, Economic & Political Weekly, Vol. 52, No. 32, p. 23 (August 2017) (Solicited)
  • Political Patronage and Judicial Appointments in India: A Comment on the Fourth Judges Appointments (NJAC) Case, Indonesian Journal of International & Comparative Law, Vol. 4, Issue 4, p. 653-723 (2017)
  • 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, p.147-189 (2017)
  • Private Takings and Holdout Problem in India, Comparative Constitutional Law and Administrative Law Quarterly, Vol. 3, Issue 2 (2017) (Solicited)
  • Controlled Semi-Presidentialism: The case for semi-presidentialism under the Indian Constitution, Columbia Journal of Asian Law, Vol. 29, Issue 1, pp. 179-254 (2015)
  • Sales Tax and Cloud Computing in India, The Tax Lawyer, Vol. 68, Issue 4, p. 671 (2015)
  • Questions of Constitutionality – The National Judicial Appointments Commission, Economic & Political Weekly, Vol. 50, Issue 26-27, p. 42 (June, 2015) [co-authored with Prof. (Dr.) C. Raj Kumar, Jindal Global Law School, O.P. Jindal Global University, Sonepat, Haryana, India]
  • The Coal Block Cancellation Judgment: A Critical Examination, Law & Policy Brief, Vol. 1, Issue 2 (2015)
  • 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)
  • 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)
  • 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)
  • Obscenity, Internet, Free Press and Free Speech – The Indian and the American Constitutions, Journal of Comparative Law, Vol. 8, Issue 1, p. 45 (2013)
  • Expectation of justice in face of Commissioner’s Circulars, Clarifications and Notifications, VAT and Service Tax Cases (Journal)Vol. 59 (2012)
  • The Curious Case of Tribunalization, VAT and Service Tax Cases (Journal)Vol47 (2012)
  • The Periods of Limitation regarding Revisional Proceedings in Haryana Value Added Tax Act, 2003, VAT and Service Tax Cases (Journal), Vol. 43 (2011)
  • Presented paper titled Martial Law and the Constitution of India at the First Joint Conference on Law, Institutions & Justice jointly organized by the Jindal Global Law School and the UC Davis School of Law on December 2, 2017 at O.P. Jindal Global University, Sonipat, Haryana. 
  • Presented paper titled The Unfair Operation Principle and the Exclusionary Rule: On the Admissibility of Illegally Obtained Evidence in Criminal Trials in India at the Seventh Annual Constitutional Law Colloquium organized by Loyola University Chicago School of Law on November 4-5, 2013 at the Philip H. Corboy Law Center, Chicago, IL, U.S.A 
  • Presented paper titled Private Takings and Holdout Problem in India at the International Conference on Law and Policyorganized at the India Habitat Centre, New Delhi on October 22-23, 2016 on the panel ‘A Critical Analysis of the Existing Land Acquisition Regime’. 
  • 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 
  • 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. 
  • 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  
  • 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, U.S.A.  
  • 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, Sonipat, Haryana, India.  
  • 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 Sonipat, Haryana, India  
  • 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  
  • 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, U.S.A.  
  • 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, Sonipat, Haryana, India   
  • 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 Sonipat, Haryana and New Delhi, India
  • 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 
  • 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 
  • 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. 
  • Faculty Development Workshop, organized for the entire faculty at Jindal Global Law School, at Jindal Global Law School, July 23-24, 2014